PoliticalChic
Diamond Member
Always in question is how much power a President has. When one claims more than some would allow, the term 'Imperial Presidency' is often applied.
"Imperial presidency definition, a U.S. presidency that is characterized by greater power than the Constitution allows."
Google
One might think of a President who claims 'a pen and a phone' rather than a separate legislature.
Today we have a new petty tyrant: an imperial judge, who claims to be judge, jury, and prosecutor.
The NYSun puts it in perspective.
1. "...Showdown Over General Flynn
2. ...a United States district judge, who has balked over a motion by the government to dismiss the criminal charges to which the general once pled guilty.... the district judge, Emmet Sullivan, has signaled he’s considering opening a new legal attack against the general and, through him, the Justice Department itself. He’s suggested he’s prepared to empower various “friend of the court” lawyers, known as amici, to undertake a whole new probe of the Justice Department’s handling of the Flynn case. He’s suggested that the “presumption of regularity” is up for review.
3. The Justice Department, in no uncertain terms, says no. The Constitution, it argues, “vests in the Executive Branch the power to decide when — and when not — to prosecute potential crimes.” It is insisting that it was exercising that power when it filed to dismiss the charges against general Flynn, who, it had concluded, was railroaded. It’s clearly shocked that Judge Sullivan would “assume the role of prosecutor” and ask an amicus to eye new criminal charges.
4. General Flynn .... emergency petition for a writ of mandamus from the appeals court. It would cut through all the politics and get to the fact that there is currently no case and controversy extant in respect of the general. The general and the government agree that he wrongly pled guilty and that the case should be dropped. If the courts could act where there is no case or controversy, they’d be the new King George.
5. The appeals panel includes three hard-headed judges, Karen Henderson, Robert Wilkins, and Neomi Rao. We wouldn’t hazard a guess as to what they’ll do, even if a key precedent was decided by their own circuit. They could deny the general’s petition and give Judge Sullivan time. Or they could order Judge Sullivan to dismiss the case. Or they could assign the case to a different judge. Or they could — on their own motion — dismiss the case themselves and set the general free once and for all.
6. There would, [Sullivan's] brief suggests, be plenty of time for the appeals court to review the matter after the district is done with its review. Our own estimate — it’s only that — is that Judge Sullivan is trying to run out the clock on what he hopes will be a one-term administration of President Trump."
"Imperial presidency definition, a U.S. presidency that is characterized by greater power than the Constitution allows."
One might think of a President who claims 'a pen and a phone' rather than a separate legislature.
Today we have a new petty tyrant: an imperial judge, who claims to be judge, jury, and prosecutor.
The NYSun puts it in perspective.
1. "...Showdown Over General Flynn
2. ...a United States district judge, who has balked over a motion by the government to dismiss the criminal charges to which the general once pled guilty.... the district judge, Emmet Sullivan, has signaled he’s considering opening a new legal attack against the general and, through him, the Justice Department itself. He’s suggested he’s prepared to empower various “friend of the court” lawyers, known as amici, to undertake a whole new probe of the Justice Department’s handling of the Flynn case. He’s suggested that the “presumption of regularity” is up for review.
3. The Justice Department, in no uncertain terms, says no. The Constitution, it argues, “vests in the Executive Branch the power to decide when — and when not — to prosecute potential crimes.” It is insisting that it was exercising that power when it filed to dismiss the charges against general Flynn, who, it had concluded, was railroaded. It’s clearly shocked that Judge Sullivan would “assume the role of prosecutor” and ask an amicus to eye new criminal charges.
4. General Flynn .... emergency petition for a writ of mandamus from the appeals court. It would cut through all the politics and get to the fact that there is currently no case and controversy extant in respect of the general. The general and the government agree that he wrongly pled guilty and that the case should be dropped. If the courts could act where there is no case or controversy, they’d be the new King George.
5. The appeals panel includes three hard-headed judges, Karen Henderson, Robert Wilkins, and Neomi Rao. We wouldn’t hazard a guess as to what they’ll do, even if a key precedent was decided by their own circuit. They could deny the general’s petition and give Judge Sullivan time. Or they could order Judge Sullivan to dismiss the case. Or they could assign the case to a different judge. Or they could — on their own motion — dismiss the case themselves and set the general free once and for all.
6. There would, [Sullivan's] brief suggests, be plenty of time for the appeals court to review the matter after the district is done with its review. Our own estimate — it’s only that — is that Judge Sullivan is trying to run out the clock on what he hopes will be a one-term administration of President Trump."
Stage Is Set for Showdown Over General Flynn
It looks like the stage is set for quite a showdown over separated powers and the fate of General Michael Flynn. It will pit, on the one hand, America and President Trump's first national security adviser against, on the other hand, a United State
www.nysun.com