The FBI manipulated General Flynn into accepted a please. Flynn's lawyers had a conflict of interest, one of the partners being Eric Holder, side deals with the FBI made behind the client's Flynn's back.
The new Attorney General directs investigation and improprieties are discovered, charges are dropped.
The judges reaction?
Resistance to reality.
Judge Sullivan: A Prosecutor in Robes
Alan Dershowitz makes excellent points on Judge Sullivan's poor jurist prudence.
- In the Flynn case, the prosecution and defense both agree that the case should be dropped. Because there is no longer any controversy between the parties to be resolved, there is no longer any case properly before the judge. His only job is to enter an order vacating the guilty plea and dismissing the case with prejudice.
- Under our constitutional system of separation of powers, the new prosecutor has no standing.... the separation of powers.... allocates the power to prosecute to the executive not judicial branch.
- It makes no constitutional difference that Flynn pleaded guilty — even if his plea was voluntary, which is questionable in light of the threats against his son.
- The Justice Department has the constitutional authority to dismiss a prosecution that it has brought at any time and for any reason, without being second-guessed by the judicial branch.
- Sullivan is endangering our system of separation of powers and he should be stopped by a writ of mandamus or a motion to recuse. Judges, too, are not above the law or the Constitution.
Sullivan has already had to apologize for inappropriate remarks made toward Flynn, has made new statements suggesting that new events amount to a failure of due process.
A better comparison would be that the judge is a modern day Roy Bean that feels the law is what he say.
