Kathianne
05-13-2020, 05:52 AM
at least temporarily. I don't know what is going to happen, there is no doubt imo, that the judge is acting in a political manner, compounding the wrongs already done:
https://www.foxnews.com/politics/judge-in-flynn-case-to-open-up-case-for-amicus-submissions
RUSSIA INVESTIGATIONPublished 11 hours agoLast Update 3 hours ago
Flynn judge to allow 'amicus' submissions, delaying immediate resolution and drawing planned ethics complaint
Gregg ReBy Gregg Re | Fox News
D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.
Sullivan's order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipated that "individuals and organizations" will file briefs "for the benefit of the court," as he prepares to rule on the government's motion to dismiss the case.
"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter Tuesday evening. "This is a violation of the judicial oath and applicable ethical rules. We will be filing a complaint against Sullivan. ... [He] is acting as a politician, not a judge."
Sullivan had previously held in the Flynn case that "[o]ptions exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option."
Will Chamberlain, a lawyer and the editor-in-chief of Human Events, noted that case law in the circuit generally prohibits trial court judges from second-guessing the government's decision not to prosecute a defendant.
Fox News is told that movement on Cernovich's ethics complaint was underway Tuesday night, and that Cernovich also was considering filing his own amicus brief. (Cernovich has also sought to intervene in the case of Trump associate Roger Stone to obtain jury questionnaires, after issues of apparent juror bias surfaced -- an ongoing effort supported by the Reporters Committee for Freedom of the Press.)
...
Flynn's legal team indicated in a filing Tuesday that a sealed amicus brief has already been submitted by a left-wing group known as the "Watergate Prosecutors," urging Sullivan not to toss out Flynn's guilty plea despite the Justice Department's request. That group was featured in an October 2019 Washington Post opinion piece, and listed Jill Wine-Banks -- who previously advanced unsubstantiated collusion theories involving the Trump campaign and Russia -- as one of its members.
Wine-Banks was also explictly named as a member of the group seeking to file an amicus brief in the Flynn case.
"Mueller can prove conspiracy with Russia beyond any doubt," Wine-Banks previously wrote. She also claimed in 2017 that Flynn would receive "immunity for kidnapping as well as his federal crimes."
Late Tuesday, President Trump retweeted a post by the Twitter user Techno_Fog calling Wine-Banks a "Trump/Russia collusion nutter." The post concluded, sarcastically: "Good job Judge Sullivan!"
Wine-Banks did not immediately respond to Fox News' request for comment.
The Federalist's Sean Davis responded: "This is who Emmet G. Sullivan, the judge in Flynn’s case, is allowing to hijack a case which both the defense and the government prosecution wish to dismiss because the case was tainted by corruption from the beginning. Pathetic."
Davis added that Sullivan was letting "left-wing lawyers write his final order against Flynn for him."
Flynn's attorney, Sidney Powell, echoed those arguments. "The proposed amicus brief has no place in this Court," Powell wrote. "No further delay should be tolerated or any further expense caused to him and his defense."
In his brief order Tuesday, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously admonished the parties in the Stone case that allowing amicus submissions does not mean that the criminal case will become a "free for all."
Flynn's case, however, has sometimes seemed like just that. In a fireworks-filled sentencing hearing in December 2018, for example, Sullivan himself appeared open to the idea that Flynn could be charged with a death penalty-eligible offense.
"I'm not hiding my disgust, my disdain for this criminal offense," Sullivan said during that hearing. He added that Flynn's allegedly unregistered work with Turkey "arguably" had undermined "everything this flag over here stands for.” (Flynn was never charged with violating the Foreign Agents Registration Act, which had gone largely unenforced until recently.)
In a bizarre moment, Sullivan then asked the government's attorneys whether they had considered charging Flynn with treason. The prosecutors said they had not, and Sullivan later walked back his comments after a brief recess.
...
It would not be unprecedented for the government to successfully move to dismiss a case after securing a conviction. In fact, Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory "Brady" material.
Powell has raised similar issues in the Flynn case. Fox News has chronicled numerous representations by the lead prosecutor in the Flynn case, Brandon Van Grack, concerning the government's supposed compliance with "Brady' requirements -- representations that now appear to have been inaccurate, as a mountain of striking exculpatory evidence has emerged.
Van Grack withdrew from the case entirely two days after Fox News published the article on his apparent misrepresentations to the court.
Meanwhile, it has emerged that President Obama was aware of the details of Flynn's intercepted December 2016 phone calls with Russia's then-Ambassador Sergey Kislyak, surprising then-Deputy Attorney General Sally Yates in a White House meeting.
Obama's unexpectedly intimate knowledge of the details of Flynn's calls, which the FBI acknowledged at the time was not criminal or even improper, raised eyebrows because of his own history with Flynn — and because top FBI officials secretly discussed whether their goal was to "get [Flynn] fired" when they interviewed him in the White House on January 24, 2017, according to newly released documents.
...
https://www.foxnews.com/politics/judge-in-flynn-case-to-open-up-case-for-amicus-submissions
RUSSIA INVESTIGATIONPublished 11 hours agoLast Update 3 hours ago
Flynn judge to allow 'amicus' submissions, delaying immediate resolution and drawing planned ethics complaint
Gregg ReBy Gregg Re | Fox News
D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.
Sullivan's order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipated that "individuals and organizations" will file briefs "for the benefit of the court," as he prepares to rule on the government's motion to dismiss the case.
"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter Tuesday evening. "This is a violation of the judicial oath and applicable ethical rules. We will be filing a complaint against Sullivan. ... [He] is acting as a politician, not a judge."
Sullivan had previously held in the Flynn case that "[o]ptions exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option."
Will Chamberlain, a lawyer and the editor-in-chief of Human Events, noted that case law in the circuit generally prohibits trial court judges from second-guessing the government's decision not to prosecute a defendant.
Fox News is told that movement on Cernovich's ethics complaint was underway Tuesday night, and that Cernovich also was considering filing his own amicus brief. (Cernovich has also sought to intervene in the case of Trump associate Roger Stone to obtain jury questionnaires, after issues of apparent juror bias surfaced -- an ongoing effort supported by the Reporters Committee for Freedom of the Press.)
...
Flynn's legal team indicated in a filing Tuesday that a sealed amicus brief has already been submitted by a left-wing group known as the "Watergate Prosecutors," urging Sullivan not to toss out Flynn's guilty plea despite the Justice Department's request. That group was featured in an October 2019 Washington Post opinion piece, and listed Jill Wine-Banks -- who previously advanced unsubstantiated collusion theories involving the Trump campaign and Russia -- as one of its members.
Wine-Banks was also explictly named as a member of the group seeking to file an amicus brief in the Flynn case.
"Mueller can prove conspiracy with Russia beyond any doubt," Wine-Banks previously wrote. She also claimed in 2017 that Flynn would receive "immunity for kidnapping as well as his federal crimes."
Late Tuesday, President Trump retweeted a post by the Twitter user Techno_Fog calling Wine-Banks a "Trump/Russia collusion nutter." The post concluded, sarcastically: "Good job Judge Sullivan!"
Wine-Banks did not immediately respond to Fox News' request for comment.
The Federalist's Sean Davis responded: "This is who Emmet G. Sullivan, the judge in Flynn’s case, is allowing to hijack a case which both the defense and the government prosecution wish to dismiss because the case was tainted by corruption from the beginning. Pathetic."
Davis added that Sullivan was letting "left-wing lawyers write his final order against Flynn for him."
Flynn's attorney, Sidney Powell, echoed those arguments. "The proposed amicus brief has no place in this Court," Powell wrote. "No further delay should be tolerated or any further expense caused to him and his defense."
In his brief order Tuesday, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously admonished the parties in the Stone case that allowing amicus submissions does not mean that the criminal case will become a "free for all."
Flynn's case, however, has sometimes seemed like just that. In a fireworks-filled sentencing hearing in December 2018, for example, Sullivan himself appeared open to the idea that Flynn could be charged with a death penalty-eligible offense.
"I'm not hiding my disgust, my disdain for this criminal offense," Sullivan said during that hearing. He added that Flynn's allegedly unregistered work with Turkey "arguably" had undermined "everything this flag over here stands for.” (Flynn was never charged with violating the Foreign Agents Registration Act, which had gone largely unenforced until recently.)
In a bizarre moment, Sullivan then asked the government's attorneys whether they had considered charging Flynn with treason. The prosecutors said they had not, and Sullivan later walked back his comments after a brief recess.
...
It would not be unprecedented for the government to successfully move to dismiss a case after securing a conviction. In fact, Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory "Brady" material.
Powell has raised similar issues in the Flynn case. Fox News has chronicled numerous representations by the lead prosecutor in the Flynn case, Brandon Van Grack, concerning the government's supposed compliance with "Brady' requirements -- representations that now appear to have been inaccurate, as a mountain of striking exculpatory evidence has emerged.
Van Grack withdrew from the case entirely two days after Fox News published the article on his apparent misrepresentations to the court.
Meanwhile, it has emerged that President Obama was aware of the details of Flynn's intercepted December 2016 phone calls with Russia's then-Ambassador Sergey Kislyak, surprising then-Deputy Attorney General Sally Yates in a White House meeting.
Obama's unexpectedly intimate knowledge of the details of Flynn's calls, which the FBI acknowledged at the time was not criminal or even improper, raised eyebrows because of his own history with Flynn — and because top FBI officials secretly discussed whether their goal was to "get [Flynn] fired" when they interviewed him in the White House on January 24, 2017, according to newly released documents.
...