Judge Emmet Sullivan’s order for a single, one-sided amicus brief is the dumbest thing I’ve ever seen done by a federal judge.
My advice to the judge – sign off on the dismissal ASAP and then check yourself into rehab. Your prejudicial order has no chance of standing up to scrutiny.
Do judges usually file appellate briefs on mandamus motions? I suspect not. It seems bizarre that the judge is being treated as a party (of course, that’s because he’s acting like one). And of course, the court didn’t ask the amicus to file a response.
[National Review] Is Judge Emmet Sullivan’s collusion cameo nearing its end?
Today, the U.S. Court of Appeals for the D.C. Circuit, on its own motion, ordered Judge Sullivan to respond within ten days to the petition for a writ of mandamus filed by Michael Flynn. Earlier this week, Flynn’s counsel, Sidney Powell, filed the petition for that extraordinary writ, asking the appellate court to instruct Sullivan to grant the Justice Department’s motion to dismiss the case against Flynn.
That was after Judge Sullivan not only declined to grant the prosecution’s motion, but (a) invited non-parties to intervene in the case by filing amicus briefs (transparently, to make arguments that he somehow has authority to deny DOJ’s motion); and (b) appointed one amicus, former federal judge John Gleeson, as a quasi-prosecutor to make arguments that prosecutors are declining to make in favor of entering a judgment of conviction and sentencing Flynn.
As I noted yesterday, Sullivan’s encouragement of amicus briefs, which are not authorized in criminal cases, flies in the face of Sullivan’s own very firm orders previously declining to permit amicus briefs in Flynn’s case — some two dozen times by Ms. Powell’s count.
Sidney Powell is a heck of a lawyer. Maybe Trump can consider Powell if he gets to make another appointment to the Supreme Court.
Hopefully, this will be dismissed soon. Flynn will be brought back before the court (probably a different judge who will conclude the same things about this traitor) with a new non-Trump-controlled DOJ, and then it will take them about five minutes to convict him since he confessed to the crime.
Oh yeah, and his deal on all of the other charges is off so that he can be brought up on those as well.
AG Bill Barr may well be playing this one close to the vest and may have done the cause of justice a favor by keeping Trump from pardoning Flynn.
Attn: Wayne Dupree is a free speech champion who works tirelessly to bring you news that the mainstream media ignores. But he needs your support in order to keep delivering quality, independent journalism. You can make a huge impact in the war against fake news by pledging as little as $5 per month. Please click here Patreon.com/WDShow to help Wayne battle the fake news media.