On May 7, the Justice Department admitted to prosecutorial misconduct and dropped its case against General Michael Flynn. Refusing to admit that his courtroom had been used as a partisan political weapon against allies of President Trump by special prosecutor Robert Mueller, or perhaps proving that he was in on the farce all along, Judge Emmet Sullivan declined to grant the DOJ’s motion for dismissal and made an unprecedented request that outside third parties intervene to argue in favor of bringing new charges against the general. When defense counsel for General Flynn petitioned the Court of Appeals for the D.C. Circuit to direct the district court’s dismissal of the case, a three-judge panel granted the petition on June 24. Instead of doing so, Judge Sullivan requested that the order be reviewed by the whole appellate court. On July 30, Judge Sullivan’s motion was granted.
Sullivan’s decision to forestall General Flynn’s vindication and continue his torment is another blow to the credibility of an already deeply confused and increasingly malicious Judicial Branch. The bogus charges against the general effectively robbed President Trump of having a highly competent National Security Advisor by his side for the last four years. The federal courts’ unwillingness to recognize the charges for what they are — abuse of the criminal justice system for political purposes — makes them complicit in this partisan persecution. And the longer Judge Sullivan and the D.C. Circuit Court drag this proceeding out, the more the Judiciary appears interested merely in preventing General Flynn from joining President Trump on the campaign trail unencumbered by the threats of Judge Sullivan’s sanctions.
For the crimes of supporting Donald Trump’s election, objecting strongly to President Obama’s permissive coddling of Iranian aggression and weakening of American security in the Middle East, and finding Secretary Clinton unfit to hold office, General Flynn has been repeatedly denied any kind of justice from the institutions he has spent a lifetime fighting to preserve.
He has been illegally targeted for surveillance and malicious prosecution by Jim Comey, Andrew McCabe, and Peter Strzok; had his illegally obtained and unmasked communications released to the media by Joe Biden, Samantha Power, and Susan Rice; been hunted by Robert Mueller, Andrew Weissmann, and other partisan Democrats participating with the special counsel to target President Trump; and finally, been repeatedly pushed into offensive and iniquitous plea deals by both Judge Contreras (an Obama appointee, personal friend of Strzok, and member of the FISA court that may have helped target Flynn in the first place) and Judge Sullivan (a Clinton appointee who oversaw the shameful political prosecution of Senator Stevens in 2008 and whose repeated disregard for evidence of prosecutorial misconduct in that case led to Stevens’s timely conviction and re-election loss eight days later, only to be completely exonerated once his seat was safely in Democrats’ hands).
At no point did any of these participants who have helped frame, prosecute, and attempt to convict General Flynn hesitate to question the immorality of betraying a member of that small contingent of Americans who have risked everything for their security.
Now that attempts to hide from the public the overwhelming evidence of prosecutorial misconduct against General Flynn have failed, a wise judge who could reasonably assess the heightened passions and political volatility of the nation would realize that the effort to use the criminal justice system as nothing more than a political cudgel to harm ideological opponents is backfiring so spectacularly that it is not simply the case against General Flynn but the whole criminal justice system that is at risk of collapse.
Instead, Judge Sullivan decided to further gamble the integrity of the Judicial Branch by expanding his authority to consider whether he can decline the prosecution’s request to drop Flynn’s charges with prejudice, thereby prolonging both the country’s and the general’s misery. By reinterpreting Rule 48 of the Federal Rules of Criminal Procedure to claim the power to preserve the government’s case against Flynn, he has further taken it upon himself to appoint an outside party to consider whether additional charges against the general are warranted. His choice for this extralegal exercise in judicial fiction is a rabidly partisan and liberal retired judge who not only worked closely with Andrew Weissmann for years as a prosecutor in the Eastern District of New York before being appointed to the bench by President Clinton but who also recently penned an op-ed in the Washington Post calling for the general’s conviction.
For four years the federal courts have waged war against President Trump and his allies. More than during any other presidency, individual judges have blocked, delayed, or overturned lawful actions by President Trump by ruling that it is their courtrooms, and not properly vested Executive authorities, with Article II power. The courts are now highly political bodies. To pretend otherwise does not solve the problem but merely deepens an already infected wound felt by the public at large by refusing to redress corruption that is visible to everyone except those in positions of power, themselves. And to the extent that their politically motivated actions have resulted in real, actual harm by bankrupting, humiliating, and imprisoning innocent Americans, they have earned the permanent derision of honest observers.
Only a judge who has turned his back on the American sense of justice and fair play could respond to overwhelming evidence in favor of the defendant’s acquittal by further betraying his office in the name of political expediency and partisan fervor. This madness is a final damning sign that the Judicial Branch is irredeemably infested by the passions of our political divide and beyond the subduing bonds that only true, impartial justice would provide. Judge Sullivan, not justice, is blind to the damage he sows.
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