Friday, May 15, 2020

Opinions On Sullivan and Flynn


We all have our go-to’s on legal questions. Even though Jonathan Turley has been weighing in on Judge Sullivan’s actions, I have been waiting for Alan Dershowitz and Andrew McCarthy – just in case I am missing something here.

After getting warmed up with “there is no longer any case properly before the judge,” and “he should be stopped by a writ of mandamus,”  Dersh’s key sentence is “Judge Emmet Sullivan's decision to appoint a retired federal judge to argue against the Justice Department's entirely proper decision to end the criminal prosecution of General Michael Flynn is designed to circumvent the constitutional limitation on the jurisdiction of federal judges.”

For Andy the fun phrase, after an intro with “bizarre order” and “cantankerous jurist” in it is “But Barr can’t stop Sullivan from turning the dismissal into anti-Trump group therapy.” I have friends who are judges, yet I also know that they can get into a mentality of “I’m the judge, dammit, and I’ll do whatever I please.”  From what I can tell from a distance, the higher up one goes the more common this is.

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