Poor Michael Flynn! The former National Security Advisor is a patriot who served his nation with distinction for over three decades, but he has had his reputation dragged through the mud for the past three-and-a-half years thanks to the Obama intelligence apparatus and Robert Mueller’s henchmen.
The case appeared to be over following the decision from a panel of the D.C. Circuit Court of Appeals ordering Judge Emmet Sullivan to drop the case. Given the fact that the Department of Justice had already dropped the charges against General Flynn, this should have been an open-and-shut case. The Circuit Court ruled in Flynn’s favor, and that should have been all she wrote.
But the case remains open because of the actions of one federal judge.
Last month, Bloomberg reported that “A federal appeals court ordered a judge to immediately dismiss the criminal case against President Donald Trump’s former national security adviser, Michael Flynn.
A three-judge panel on Wednesday said U.S. 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. The Wall Street Journal reported that “Judge Sullivan is now refusing again by requesting this week an en banc review of the writ by the full D.C. Circuit. Though we don’t know whether the full court will take the appeal, remember that Senate Democrats and Barack Obama packed the D.C. Circuit with liberal judges after ending the judicial filibuster on a partisan Senate vote in 2013.
Judge Sullivan knows that once the court takes the case en banc, the panel opinion is immediately vacated under D.C. Circuit rules. That means the writ ordering him to dismiss vanishes, and the eventual en banc ruling would control. Mr. Flynn’s legal agony would continue for months and perhaps until a Biden Administration takes office.”
This is not equal justice under the law; this is political marksmanship on behalf of the judge. Judge Sullivan is doing the Democratic Party’s bidding on this one, and it’s plain to see. This judge is a disgrace and a case could be made for impeaching Sullivan (although this would never happen in a Democrat-controlled House of Representatives).
If Sullivan doesn’t drop the case soon, should President Trump pardon Flynn and save him further misery? There is a good case to be made for this. Flynn and his family have been made to suffer enough during the arduous and blatantly biased legal process. Trump could save him further misery with an executive pardon…although that could bring additional problems with it.
The editorial board of the Wall Street Journal has urged Trump to do just that, writing, “Cases like this are precisely when a President’s pardon power is most appropriate. Mr. Flynn’s defenders have let the legal process play out in hopes he might be fully vindicated with the case’s dismissal. But because of Judge Sullivan’s gamesmanship, which seriously impinges on powers the Constitution reserves for the executive branch, the process no longer serves justice.”
Ideally, the legal system would clear Flynn and let him carry on with his life, however, that doesn’t appear to be happening. I would like to either see Sullivan come to his senses and drop the case or have the appeals court once again order the judge to drop the case. If neither of these things happen, then it is time for President Trump to end the inquisition against General Michael Flynn.
He deserves to have his life restored, and the previous administration’s corruption deserves to be exposed.