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Fox News’ Judge Jeanine Pirro isn’t the only legal expert pushing back on U.S. District Court Judge Emmet Sullivan’s controversial decision to keep the case against former National Security Adviser Michael Flynn alive despite a request from the Department of Justice to drop it.
In tweets posted late Wednesday, legal scholar Jonathan Turley, a professor of George Washington University Law School who participated in the impeachments of both former President Bill Clinton and current President Donald Trump, described Sullivan’s moves as “increasingly discomforting” and “unnerving.”
Read:
Judge Sullivan has now appointed a retired judge to look into “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.” Thus, the court is not only considering denying an uncontested motion for dismissal but…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…but considering a new charge based on Flynn’s effort to withdraw his plea. Consider the implications for many cases where defendants seek to withdraw pleas due to prosecutorial abuse. It would create a threat of a judicial charge even when prosecutors agree with defendants.
— Jonathan Turley (@JonathanTurley) May 14, 2020
Judge Sullivan was previously criticized for suggesting that Flynn could be charged with treason. He is now allowing third parties to make arguments in a criminal case on an unopposed motion. In addition, he is exploring a charge that he might be able to bring against Flynn…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…These extraordinary moves by the court are increasingly discomforting. This is a single charge where significant jail time was neither warranted nor expected. The Court’s effort to import arguments and explore new charges could be raised on appeal given the prior record…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…there comes a point where the Court appears too invested in the punishment of a defendant and too active in creating alternatives to dismissal. As a criminal defense attorney, I find these moves unnerving, particularly when prosecutorial abuse has been raised by DOJ and others
— Jonathan Turley (@JonathanTurley) May 14, 2020
The tweets were posted after Sullivan made three shocking moves.
First, he issued a highly “unusual” order Tuesday opening Flynn’s case up for outside comment from demonstrably partisan actors
A day later he appointed a retired Clinton-era judge with an apparent to ax to grind against Flynn to argue against the DOJ’s motion for his case to be dismissed.
He then directed retired New York federal judge John Gleeson “to recommend whether Flynn should face a criminal contempt charge for perjury — apparently for declaring under oath at two different court proceedings that he was guilty of lying to the FBI, before he reversed course in January and claimed he had never lied,” according to Politico.
He issued these extraordinary orders despite the DOJ having clearly outlined why the case against Flynn is bunk.
“There was no predicate for him to be investigated in the first place, he was told he didn’t need an attorney and then was denied effective assistance of counsel — all these wrongdoings done by the by the federal government and the FBI,” Pirro explained during an appearance late Wednesday on FNC’s “Tucker Carlson Tonight.”
Correct.
Listen to her full remarks below (disable your adblocker if the video doesn’t appear):
It’s almost as if Sullivan has an ax of his own to grind against Flynn — or rather, as some have speculated, Flynn’s former boss, U.S. President Donald Trump.
A profile of Sullivan published by Fox News two years ago revealed that he’s “assisted” Democrats in their efforts against the president at least twice.
“Earlier this year, Sullivan gave an assist to Democrats suing Trump over claims he violated the U.S. Constitution’s emoluments provision banning the acceptance of gifts and foreign domestic interests through his hotel business and other properties,” FNC reported at the time.
He also once reportedly forced the federal government to literally “turn that plane around” and bring two illegal aliens who’d been en route home back to the U.S.
These facts have raised questions surrounding his true motivation and who he really works for.
Look:
Judge Sullivan seems invested in persecuting General Flynn.
Why? Because Sullivan doesn’t have the ability to persecute who he would really like to get – Donald Trump
— John Betts (@JohnFromCranber) May 14, 2020
This is looking like a Third World Court.the #Democrats have obviously instructed this Judge to take #Flynn out no matter what…and he’s willing to do it….this is a disgrace to JUSTICE..we have a judge that won’t let it go.unbelievable…@realDonaldTrump investigate this
— Lee Greenwood (@greenwoodls) May 14, 2020
From a non lawyer, yet a retired healthcare professional, seems like Sullivan is trying to prolong the Flynn case to either make President Trump pardon him! Flynn worked for Obama and probably has info that could be very harmful to the Obama admin. Keeping Flynn quiet!
— Joe Garner (@jngdmd1370) May 14, 2020
Great threat Mr. Turley. Consider this. Sullivan is delaying his response until after President Trumps re-election. Sullivan is part of the anti-Trump cabal who does not want to see Trumps campaign exonerated for colluding with Russia even though there is still no evidence he did
— Lisa Marie #IStandWithPresidentDonaldJTrump⭐⭐⭐ (@lstrollo) May 14, 2020
This is bate… If you don’t see that you are blind….. Sullivan knows he is out of line. He is seeing how far he can push it in order to bate Trump and Bill…. Then exploit that as corruption under Bill and Trump… It won’t work…desperation at its finest.
— NuclearDerick (@derickopela) May 14, 2020
Flynn stopped = save Obama
Obama briefed Trump in meeting that Flynn cannot be trusted
And then Obama and his scum administration worked to frame Gen. Flynn
The Obama team framed Flynn fair and square, they got away with it. So Sullivan MUST sentence Flynn to jail!
DemoRATS pic.twitter.com/NojXYDAjkZ
— Bill Charleston (@scgator2001) May 14, 2020
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