There’s no end to the tormenting of Michael Flynn — but a writ of mandamus from the Justice Department should put a stop to it.
The American Spectator
"Sullivan’s action is unconstitutional, cruel, and an enormous abuse of his judicial power.
"A federal criminal case has only two parties, the defendant and the federal prosecutors, for very fundamental reasons. The enforcement of federal law is a function of only the executive branch under Article 2 of the Constitution. The Federal Rules of Civil Procedure enable some interested parties to intervene to protect their interests in civil cases. There is no analogous provision in the Federal Rules of Criminal Procedure, again, because the prosecutor stands for all the public and its interests.
"Sullivan has appointed former U.S. district court judge John Gleeson to oppose the Justice Department’s motion to dismiss and, reportedly, to argue that Sullivan should hold Flynn guilty of perjury for falsely confessing to crimes he didn’t commit. That is unconstitutional under the controlling precedents because it violates the Separation of Powers doctrine of constitutional law which mandates that the power of one branch of government cannot be seized and used by another branch." . . .
Flynn sentencing hits sour note: Darcy cartoon
This has gone on far too long, and at far too great a cost to Flynn and his family. The DoJ should slap Sullivan with a writ of mandamus to the D.C. Circuit immediately. There is no reason for the toll of this injustice to continue to mount."Emmet Sullivan, the U.S. District Court judge presiding over the Michael Flynn criminal trial, has delayed ruling on the Justice Department’s motion to dismiss all charges against Flynn in order to get a third party’s views.
"Sullivan’s action is unconstitutional, cruel, and an enormous abuse of his judicial power.
"A federal criminal case has only two parties, the defendant and the federal prosecutors, for very fundamental reasons. The enforcement of federal law is a function of only the executive branch under Article 2 of the Constitution. The Federal Rules of Civil Procedure enable some interested parties to intervene to protect their interests in civil cases. There is no analogous provision in the Federal Rules of Criminal Procedure, again, because the prosecutor stands for all the public and its interests.
"Sullivan has appointed former U.S. district court judge John Gleeson to oppose the Justice Department’s motion to dismiss and, reportedly, to argue that Sullivan should hold Flynn guilty of perjury for falsely confessing to crimes he didn’t commit. That is unconstitutional under the controlling precedents because it violates the Separation of Powers doctrine of constitutional law which mandates that the power of one branch of government cannot be seized and used by another branch." . . .
Flynn sentencing hits sour note: Darcy cartoon
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