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May 19, 2020

Michael Flynn Asks Appeals Course to Do Its Duty and Dismiss His Case, and Furthermore, to Remove the Lawless Lunatic Emmet Sullivan from the Case

He applied for a writ of mandamus, which is a writ, a decree, by a court ordering the recipient to do his job/do his duty.

The DOJ has declined to prosecute; the executive's power to charge a crime, or to not charge a crime, or to withdraw the charge of a crime, is plenary -- complete, unlimited -- and cannot be questioned by another branch of government.

There is nothing to do here but take the minor ministerial step -- a step without judgment or consideration; literally just stamping a form -- and dismissing a case.

But the lawless tyrant Emmet Sullivan refuses to do so, and is contriving to create his own illegal private executive branch to file new charges against a man he has previously accused of treason, with absolutely no evidence or reason to support this charge at all.

Except that: Sullivan did not like being contradicted.

Some suspect that Sullivan is attempting to delay dismissing the case until the election, hoping that the Biden Justice Department will give this crazed monster a chance to violate further a man who's only guilty of not being sufficently deferential to a lunatic and an incompetent.

This man is plainly incapable of acting as an impartial judge in this case, or, in fact, any other. He should be impeached and removed from the bench altogether.

He should be compelled to take a Mental Acuity Test to prove he is still of sound mind.

But short of that, he certainly should be removed from this one:

Flynn has just filed an Emergency Petition for Writ of Mandamus (pdf.) in the D.C. Circuit Court of Appeals. Here is the Jurisdiction statement:

This petition seeks an order directing the district court to grant the Justice Department’s Motion to Dismiss its criminal case against former National Security Advisor to President Trump, Lieutenant General Michael T. Flynn (Ret.) ("Motion to Dismiss"). ECF No. 198. The Government moved to dismiss the Information charging a violation of 18 U.S.C. §1001 after an internal review by United States Attorney Jeffrey Jensen unearthed stunning evidence of government misconduct and General Flynn's innocence.

This Court has jurisdiction pursuant to the All Writs Act, which authorizes federal courts to issue writs "in the aid of their respective jurisdictions and agreeable to the usages and principles of law." 28 U.S.C. §1651(a). The district court’s failure to grant the Government's Motion to Dismiss defies this Court’s binding precedent in United States v. Fokker Servs., B.V., 818 F.3d 733, 740 (D.C. Cir. 2016). The district court's sua sponte appointment of an amicus to oppose the Government's motion and its Minute Order to issue a schedule for additional amici are at loggerheads with the unanimous Supreme Court opinion in United States v. SinenengSmith, No. 19–67 (U.S. May 7, 2020)."

...

Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings.

More:

Michael Flynn's attorney Sidney Powell on Tuesday filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking the immediate removal of Judge Emmet Sulivan from the case -- and saying that under appellate precedent set by the "Fokker Services" case, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.


Writs of mandamus are extraordinary remedies, which are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable" -- and, Powell argued, Sullivan's behavior fits the bill. Powell pointed in particular to Sullivan's bizarre suggestion in December 2018 that Flynn had "sold out his country" and could have been prosecuted for "treason," as well as Sullivan's misstatements on the facts of the case.

...

The amicus appointed by Sullivan, retired federal judge John Gleeson, has openly criticized the Trump administration's handling of Flynn's case, raising concerns that he was selected to improperly bolster Sullivan's efforts to keep the Flynn case alive even though both the government and defendant want it dismissed. (In 2013, Gleeson himself held that “the government has near-absolute power under [the Federal Rules of Criminal Procedure] to extinguish a case that it has brought" -- but he has since apparently changed his opinion.)


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posted by Ace at 05:26 PM

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