This Judge Sullivan is really making a complete fool of himself.

[Nostra]

Anyone who tries to claim he isn’t a lefty hack is a blithering idiot.

Its way past time for this idiot to be slapped down.

Judge refuses to dismiss Flynn case, petitions full appellate court

Judge Emmett Sullivan is appealing for a review of a 3-judge panel's decision urging a dismissal of the case against former national security advisor Michael Flynn.

www.foxnews.com

3 judges out of a full court of 17 -- could change the outcome ... we shall see... hopefully it will and Stone goes to jail, wait he already begged Trump to pardon him ... oops.

Stone? Get up to speed on which thread you are in.

 

[Sunsettommy]

American Thinker

Flynn judge files a ridiculous request with the Court of Appeals

By Andrea Widburg
July 10, 2020

At the end of June, a three-judge panel on the United States Court of Appeals for the District of Columbia Circuit slapped down trial court judge Emmet Sullivan. The panel told him that the Constitution’s separation of powers meant he could not conduct a mini-trial, complete with his own “expert,” to second-guess whether the Department of Justice, which has the sole constitutional authority to dismiss cases, had properly exercised that authority when it moved to dismiss General Flynn. On Thursday, Sullivan filed a petition with the appellate court asking for a full en banc review.

The brief is unimpressive. For authority, it cites cases by arguing backward from what the courts didn’t consider. Then, it ignores the only thing that matters here: When a federal judge has before him a Department of Justice motion to dismiss, and it’s evident that the defendant is not at risk from DOJ gameplaying, the constitutional Separation of Powers doctrine allows the judge only one course of action, which is to grant the motion. Anything else the judge does is outside of his jurisdiction and authority, and is, therefore, an appropriate subject for an emergency mandamus motion stopping the judge in his tracks.

First, Wilkinson argues that, in Rinaldi v. United States, 434 U.S. 22 (1977), the Supreme Court “recognized” that a district court may hear an unopposed Rule 48 motion. That makes it sound as if the Supreme Court affirmatively ruled on the issue. It didn’t.

As Wilkinson admits, the Rinaldi Court never considered whether the trial court had the right, in the first instance, to subject a motion for dismissal to a substantive review because no one raised the issue. What Wilkinson is citing as authority isn’t even dictum – which is when a court discusses a legal standard for something that’s not dispositive in a case.

LINK

=========

Leftist judge gone stupid, their argument to continue this farce will damage them greatly in the long run.

 

[Polishprince]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Courr decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

I don't think you quite understand our legal system here in America.

In the US, its an adversarial system. If the prosecution and the defense attorneys are in agreement, there is no dispute. The judge is supposed to be impartial and that is that.

You’re wrong.

In what way? Do you really think that judges can order prosecutors to prosecute?

Once a case is in a criminal court system, the judge needs to agree to sign off on any plea deals and thus has the right to inquire about it. It is not as rare as some people think that a judge goes against the wishes of the defense and prosecution.

This isn’t a plea deal. The case was dropped.

Exactly correct. The two sides decided there wasn't a dispute

 

[Nostra]

Flynn will be fully exonerated, pardoned by Trump if necessary and will sue Comey, Stzrok and others for at least $10 million. ( That includes over $7 million in legal fees). This judge is being ordered to do this by someone.

I'm not sure an individual who is pardoned can file such a suit since a) a pardon is an imputation of guilt; and b) a pardon removes any claims that a defendant was wrongfully charged.

Even if Flynn could sue and prevail, he'd probably be awarded $1.00 since his claim of prosecutorial misconduct goes out the window with a pardon.

That's all fine and dandy. Are you not aware that the charges have been dropped against Gen. Flynn. There is no pardon.

LOL

Though he'll likely get off, Flynn is still a convicted felon and may still be sentenced.

Your ignorance of the subject simply knows no bounds! You'd be well served by viewing some sources of current events other than CNN, MSNBC, and Facebook.

Moron, I don't rely on any of those sources. And your stupidity is on display for all, not being aware that a convicted felon can be sentenced.

The fake charges will be dropped.

Flynn will be fully exonerated, pardoned by Trump if necessary and will sue Comey, Stzrok and others for at least $10 million. ( That includes over $7 million in legal fees). This judge is being ordered to do this by someone.

I'm not sure an individual who is pardoned can file such a suit since a) a pardon is an imputation of guilt; and b) a pardon removes any claims that a defendant was wrongfully charged.

Even if Flynn could sue and prevail, he'd probably be awarded $1.00 since his claim of prosecutorial misconduct goes out the window with a pardon.

That's all fine and dandy. Are you not aware that the charges have been dropped against Gen. Flynn. There is no pardon.

LOL

Though he'll likely get off, Flynn is still a convicted felon and may still be sentenced.

Your ignorance of the subject simply knows no bounds! You'd be well served by viewing some sources of current events other than CNN, MSNBC, and Facebook.

Moron, I don't rely on any of those sources. And your stupidity is on display for all, not being aware that a convicted felon can be sentenced.

The fake charges will be dropped.

This unconscionable delay by Sullivan may work to President Trump's advantage if not Gen. Flynns. This will keep the shameful behavior of the Democrats and Obama administration in the news. I'd have thought the Democrat leadership would have preferred that this criminal behavior of theirs would just disappear.

"The fake charges will be dropped."

LOL

It's like your brain doesn't even work. Dumbfuck, the charges have already been dropped.

Someone needs to tell hackboi Sullivan.

 

[Bootney Lee Farnsworth]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Courr decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

I don't think you quite understand our legal system here in America.

In the US, its an adversarial system. If the prosecution and the defense attorneys are in agreement, there is no dispute. The judge is supposed to be impartial and that is that.

Lol. You’re wrong. A judge should be impartial in all cases but a judge‘s duty is also to uphold the law.

...when there is a case in controversy...

Did you forget that part?

 

[the other mike]

Someone needs to tell hackboi Sullivan.

This judge has been a deep state puppet since Slick Willy gave him the job in 1994. No telling how many innocent victims he's allowed to be railroaded through his doors.

 

[Faun]

Someone needs to tell hackboi Sullivan.

This judge has been a deep state puppet since Slick Willy gave him the job in 1994. No telling how many innocent victims he's allowed to be railroaded through his doors.

So he wasn't "deep state" when George Bush appointed him, but he was when "Slick Willy" did?

 

[the other mike]

So he wasn't "deep state" when George Bush appointed him, but he was when "Slick Willy" did?

You can call him whatever you want.
My guess is he's a CIA agent pretending to be a judge.
But then I believe the same about Clinton. Bush was a puppet same as Obama.

 

[Toddsterpatriot]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Court decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution

There is no such right.

 

[Faun]

So he wasn't "deep state" when George Bush appointed him, but he was when "Slick Willy" did?

You can call him whatever you want.
My guess is he's a CIA agent pretending to be a judge.
But then I believe the same about Clinton. Bush was a puppet same as Obama.

You're also a truther, so you're clearly not playing with a full deck. Are you a birther too?

 

[the other mike]

You're also a truther, so you're clearly not playing with a full deck. Are you a birther too?

Have your fun, troll.

 

[eagle7-31]

Anyone who tries to claim he isn’t a lefty hack is a blithering idiot.

Its way past time for this idiot to be slapped down.

Judge refuses to dismiss Flynn case, petitions full appellate court

Judge Emmett Sullivan is appealing for a review of a 3-judge panel's decision urging a dismissal of the case against former national security advisor Michael Flynn.

www.foxnews.com

He has been a complete fool all along.

 

[Markle]

"The fake charges will be dropped."

LOL

It's like your brain doesn't even work. Dumbfuck, the charges have already been dropped.

Does Judge Sullivan agree with you?

 

[Admiral Rockwell Tory]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Courr decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

I don't think you quite understand our legal system here in America.

In the US, its an adversarial system. If the prosecution and the defense attorneys are in agreement, there is no dispute. The judge is supposed to be impartial and that is that.

You’re wrong.

In what way? Do you really think that judges can order prosecutors to prosecute?

The prosecution already prosecuted. Judges are allowed to determine if a prosecutor dropped charges on a defendant in good faith.

The reason the prosecution wants the charges dropped is that they were made in bad faith. The judge should drop them immediately or that opens up the federal government from being sued for malicious prosecution.

 

[Admiral Rockwell Tory]

Judge Emmet Sullivan: Sullivan was nominated to the U.S. District Court for the District of Columbia in 1994 by former President Bill Clinton. He was confirmed later that year.

Prior to that, Sullivan was nominated to the District of Columbia Court of Appeals in 1992 by former President George H.W. Bush.

In 1984, he was nominated to the Superior Court of the District of Columbia by former President Ronald Reagan.

Senility is such a horrible illness.

 

[two_iron]

Gen. Flynn is still being harrassed by a fuckin' jogger. It's unconscionable to weaponize the court system because he wakes up and sees black in the mirror every morning. Not Gen. Flynn's fault, fuckhead.

 

[San Souci]

Anyone who tries to claim he isn’t a lefty hack is a blithering idiot.

Its way past time for this idiot to be slapped down.

Judge refuses to dismiss Flynn case, petitions full appellate court

Judge Emmett Sullivan is appealing for a review of a 3-judge panel's decision urging a dismissal of the case against former national security advisor Michael Flynn.

www.foxnews.com

Sullivan should be in Prison. At least Stone will NOT go there.

 

[LeftofLeft]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Court decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

I’ve never seen nor heard of a judge ACTIVELY appealing the judgement of a higher court.

 

[Nostra]

I’ll tell you what will happen. The appeals Court sitting in banc will uphold Sullivan’s right to question the prosecution and reverse the decision of the three judge panel. Flynn will appeal to the Supreme Court, but the Supreme Court will refuse to hear the case thus upholding the appellate court. If the Supreme Court decides to hear the case, they will rule in Sullivan’s favor. A federal judge has every right to inquire why the prosecution is dismissing a case.

I’ve never seen nor heard of a judge ACTIVELY appealing the judgement of a higher court.

Sullivan was probably one of the 6 people who finished below Crazy Joe in law school.