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Mike Flynn Persecution Continues As The Judge Becomes The Prosecutor

Hans Von Spakovsky Michael Flynn
The targeting and persecution of LTG Michael Flynn gets stranger and more frightening by the day.

We already explained when and how Obama and the Obama intelligence apparatus first began to target Mike Flynn – and that it was in 2014, long before he became associated with candidate and later President Donald Trump.

And we think it is more than speculation – call it informed opinion – that the targeting was motivated by Barack Obama’s personal animus toward Flynn for daring to contradict, expose and publicly criticize Obama’s disastrous policies on Iran and more generally the war Islam has declared on the West.

See the open memo to Obama written by General Flynn's heroic attorney, Sidney Powell, through this link.

This explains the unmasking of Flynn during the 2016 campaign and transition and the all-hands effort by the Obama people to discredit Flynn.

But what is inexplicable is why U.S. District Judge Emmet Sullivan has so enthusiastically joined in the persecution of General Flynn.

As our friend attorney Hans von Spakovsky explained in a column for Fox News (co-written with Heritage Foundation Vice President John Malcolm), Flynn’s dogged attorney Sidney Powell filed a motion asking that Flynn be allowed to withdraw his guilty plea due to prosecutorial misconduct – a failure by prosecutors to turn over evidence favorable to Flynn.

The Justice Department now says the FBI had no valid legal basis for interviewing Flynn in the first place and any misstatements (or deliberate falsehoods) he may have made during that interview in 2017 were not “material” to a legitimate investigation.

As Mr. von Spakovsky explained, the Justice Department has requested the case be dismissed because the government has no “interest in penalizing a defendant for a crime that it is not satisfied occurred.”

Judge Sullivan, however, has made it crystal clear that he believes there was an adequate factual predicate for the investigation and that Flynn is, in fact, guilty of making a materially false statement to the FBI – the crime with which he was originally charged. The statement at issue involved communications between Flynn and the Russian ambassador to the U.S. during the time when Trump was president-elect.

Hans von Spakovsky reminds us that Judge Sullivan, in a fiery court session in December 2018, told Flynn that the former national security adviser had sold out his country and “undermined” everything the American flag stands for, even suggesting that Flynn could be charged with treason.

Judge Sullivan’s hostility to Flynn has not changed, even though Ms. Powell and the government itself have produced reams of documents proving that General Flynn was the object of a concerted campaign of government misconduct and that it was not Flynn, but the FBI, that lied.

Indeed, it is almost as if Judge Sullivan did not even read the government’s motion to dismiss the charges against General Flynn and the voluminous evidence introduced to support it.

As Professor Margot Cleveland observed in a recent op-ed for the Washington Examiner:

…instead of appointing an outside attorney to investigate prosecutorial misconduct, Sullivan issued a pair of orders this week, teeing up an investigation of Barr and Flynn.

The first order came on Tuesday when Sullivan stated he would accept amicus curiae, or friend of the court, briefs concerning the government’s motion to dismiss the charge against Flynn. On Wednesday, Sullivan appointed “the Honorable John Gleeson (Ret.) as amicus curiae to present arguments in opposition to the government’s Motion to Dismiss” and to investigate whether Flynn should be held in criminal contempt of court for perjury.

With this later order, Sullivan has destroyed any possible semblance of impartiality — and his reputation. A federal court has no authority over prosecutorial decisions, including whether to prosecute or whether to dismiss. Retired judge Gleeson already declared on Wednesday in a Washington Post op-ed that the Barr DOJ's handling of dismissing the charges against Flynn was politically motivated.

But it gets worse.

Retired judge John Gleeson has extensive ties to disgraced Mueller team prosecutor Andrew Weissmann, and it is worth noting that both Gleeson and Weissmann have long histories together and various parties have made similar allegations of misconduct and partisanship against them.

Why would Judge Sullivan appoint a former colleague of one of the attorneys who railroaded General Flynn to act in this capacity?

In response to Judge Sullivan’s latest actions, General Flynn’s attorney Sidney Powell submitted a motion in opposition saying in part, “…proposed amicus brief has no place in this Court… It is no accident that amicus briefs are excluded in criminal cases… this Court, on 24 specific occasions has rejected all prior attempts… to intervene.”

Professor Alan M. Dershowitz summed-up our view in a recent op-ed for the Wall Street Journal, “The Constitution limits the jurisdiction of federal judges to actual cases and controversies. They may not offer advisory opinions or intrude on executive or legislative powers, except when the other branches have exercised them in an unconstitutional manner. Federal judges are umpires deciding matters about which litigants disagree. If the litigants come to an agreement, there is no controversy. The case is over.”

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The DISHONORABLE Judge Sullivan

Don’t we have Judicial Conduct Review Boards and Administrative Cief Judges in the US of A anymore? Where is the bar while all this is happening? I know Congress (The House of Representarives) is a loss but this should be made the election year issue of 2020!!!
I feel that Paul Ryan has much to answer for. His childish Never Trump antics and deliberate underperformance in getting GOP seats filled as he pouted out of office hurt the US. Why isn’t Ryan raising his voice to undo the damage caused by the extremists he let take over the House of Representatives?

Sullivan...legally Nutz

Flynn should have had the case against him dropped by now but Sullivan the judge in this matter has become the persecutor in-charge.......obviously he wants to re interpret the evidence that shows the government case is a smashing hoax...