Just when it appeared that the unjust case against former National Security Advisor Michael Flynn was over, a rouge judge overseeing the case decided it was not. Judge Emmet Sullivan has refused to drop the charges against General Flynn, even though the Department of Justice had already ordered the case dismissed. Judge Sullivan has called the former General a traitor to his country and has blasted his legal defense, dragging out the process long after it should’ve been resolved.
Earlier in the summer, it appeared that Flynn’s misery was finally over when a three-judge panel of the DC Court of Appeals ruled that Sullivan needed to drop the case. Sadly, Flynn will still have to wait for his reprieve. Just when it seemed like this case couldn’t go any further, the full panel of the DC Circuit has announced that they will decide on whether Judge Sullivan is justified in continuing the Flynn case.
Last month, the judicial panel said US District Judge Emmet Sullivan did not have the authority to examine whether the government’s surprise motion to dismiss the case, in which Flynn pleaded guilty twice to lying to the FBI, was part of a corrupt effort to aid one of Trump’s political allies.
The appeals court said such an inquiry would harm the executive branch’s exclusive prosecutorial power.
“The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion, interfering with the Article II charging authority.”
Sadly, Judge Sullivan isn’t giving up. He is continuing to fight to keep the case against Flynn open despite the upper court’s ruling and basic legal common sense. And now the full DC Circuit Court of Appeals is taking up the case.
The Washington Post reported, “A federal appeals court in Washington will take a second look at a judge’s effort to scrutinize the Justice Department’s decision to drop its case against President Trump’s former national security adviser Michael Flynn.
The full U.S. Court of Appeals for the D.C. Circuit agreed Thursday to revisit U.S. District Judge Emmet G. Sullivan’s plan to examine the politically charged matter, reviving the unusual case testing the limits of the judiciary’s power to check the executive branch…
The order from the court Thursday suggests that the judges are seeking a narrowly focused argument on the question of whether Flynn should have waited to appeal until after Sullivan rendered a decision. The court told lawyers on both sides to be prepared at oral argument to address whether Flynn had ‘no other adequate means to attain the relief’ he sought from the appeals court.”
This is absurd on many levels. The government has already dropped the charges against General Flynn. That should be game, set, match. However, we live in hyper-partisan times and even Federal judges aren’t immune from bias. A smaller panel of the appeals court already ruled that Judge Sullivan must drop the case, because there is no case left. How can there be charges when the executive branch has dropped them? We are clearly in unchartered waters.
General Flynn deserves to be treated better. It might finally be time for President Trump to pardon his former National Security Advisor and put an end to the misery he has been forced to endure.