BY FLORIDA BILL
The U.S. Court of Appeals for the D.C. Circuit has ruled that the ornery and stubborn Federal Judge Emmett Sullivan must dismiss the case against General Michael Flynn.
It's over, and Sullivan was told to immediately sign an order terminating the make-believe case against the retired three-star general who had served briefly as National Security Adviser to President Trump, following Trump's win in 2016.
In a 2-1 decision by a three judge panel, the court found that Judge Sullivan had committed "clear legal error" and overstepped his role and that the determination of who shall or who shall not be prosecuted "lies squarely within the ken of prosecutorial discretion."
Sullivan's recalcitrance in dismissing the criminal charge that Gen. Flynn lied to the FBI is really artificial since all lawyers know that the decision for any criminal prosecution is within the discretion of the prosecutor. That rule is absolute. Sullivan's notion that he, as the presiding judge, would decide that Flynn should be prosecuted is ridiculous. The veteran judge went so far as to attempt to enlist his friend, John Gleeson, a retired federal judge, as a friend of the court to argue on behalf of the Sullivan position.
So why was the 72-year-old Sullivan pushing so hard for a prosecution, and seemingly attempting to lay the groundwork for his sending Gen Flynn to prison? Gen. Flynn is a retired three-star general with 33 years in the army, and has an unblemished record as a soldier. He had served in combat and was the recipient of four bronze stars and numerous other decorations.
In D.C. where 90 per cent of residents oppose President Trump and his supporters (Flynn included), Sullivan is said to be a popular jurist. Some see him as the "mustached Democrat in a robe." Sullivan doesn't forget that he was lifted from obscurity and given a life long appointment to the federal bench in 1994 by President Clinton.
In finding for Gen. Flynn, the Appellate court called it "clear legal error" on the part of Sullivan. Sullivan's bizarre invitation to the man on the street to file amicus briefs suggesting how he should rule was peculiar and over the top. Of this, the court noted that such a "searching inquiry was not justified."
. The controversial case involving Gen. Flynn began after he was was appointed by President-elect Trump as his adviser on national security. Flynn had served for two years as Defense Intelligence Agency chief for President Obama and in that role had become familiar with the negative downside of Obama policies. His appointment as NSA chief was "disturbing" to Democrats who with FBI agents on the highest level hatched a plan to take out Flynn as a part of Trump's collusion with Russia.
Flynn was sandbagged and accused of lying to FBI agent Peter Strzok in an interview, and last January Flynn moved for dismissal of all charges against him based upon misconduct of Strzok and others in the the FBI. Attorney General William Barr informed Judge Sullivan that there would be no prosecution of Gen. Flynn. Sullivan refused to dismiss the case and his decision was appealed to the DC Appeals court which upheld Barr's decision that that all charges against General Flynn be dismissed, and that the case was over and that Flynn is a free man.
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