Liberal justice 'warned' Flynn-hating judge about partisanship

Thursday, May 14, 2020
 | 
Chad Groening, Billy Davis (OneNewsNow.com)

gavel with U.S. flagA former prosecutor, watching the U.S. Department of Justice run from its controversial prosecution of Michael Flynn, says the presiding judge must honor the prosecution’s wish to drop the case.

Ordered by Attorney General Bill Barr to cease its prosecution, the DOJ announced May 7 it was doing so, drawing praise or howls of protest depending on how one views President Trump's former national security advisor, who was unknowingly set up by FBI officials. 

Meanwhile, U.S. District Judge Emmet Sullivan is drawing scrutiny after inviting amicus briefs about the case then, just hours later, appointing a former prosecutor to argue the case against Flynn before him.

In an op-ed published at Forbes.com, civil liberty attorney Michael Chenoweth warns that Judge Sullivan is ignoring a U.S. Supreme Court decision from just last week that denounced judges for court-solicited amicus briefs that demonstrate partiality.

Flynn freed (with attorney)The high court’s decision, a unanimous 9-0 ruling, was authored by liberal justice Ruth Bader Ginsburg. She faulted the Ninth Circuit Court of Appeals for selectively seeking pro-immigration groups to comment on the case before it. Such a decision, the justice wrote, suggests an effort in “redirection” and “takeover” by the court when the court is restricted to decide the case by what is presented by the parties before them.   

Former assistant district attorney Abraham Hamilton III, now general counsel at the American Family Association, says the judge’s invitation for amicus briefs gives “official cover” for groups that oppose Donald Trump to “smear” Flynn and “malign” Barr as a law breaker.

“There is no legal significance of this third party,” Hamilton told American Family Radio. “I've never in my life seen a court where a judge says, Okay, non-parties of the case, you are now free to give your legal opinion."

U.S. Supreme Court w/ flagHamilton points out that Judge Sullivan already inserted himself in the trial by accusing Flynn of “treason” from the bench, which leaves no doubt how the judge views the defendant and his case.

And the federal judge isn’t done, either. With the prosecution dropping its case, and Flynn set to walk free, Judge Sullivan has appointed John Gleeson to argue the prosecution’s case and more specifically to pursue a perjury charge, too.

Hamilton

In the legal op-ed, Chenoweth writes that if Judge Sullivan does not dismiss the charges against Flynn, "he will duplicate the Ninth Circuit’s violation of the party presentation principle. Hence, he is coming perilously close to completing the very trifecta that drew the Supreme Court’s wrath against the Ninth Circuit."

According to Hamilton, Judge Sullivan’s actions are putting him in potential violation of the Judicial Canon of Ethics.


Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates OneNewsNow.com.

Comments

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

FEATURED PODCAST

SIGN UP FOR OUR DAILY NEWSBRIEF

SUBSCRIBE

VOTE IN OUR POLL

Do you agree the virus pandemic has impacted our constitutional rights?

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

Memorial Day weekend draws crowds and triggers warnings
Slowly, surely, US houses of worship emerge from lockdown
White House imposes coronavirus travel ban on Brazil
Israel’s Netanyahu attacks justice system as trial begins
Desperate Indian girl bikes 745 miles home with disabled dad
Hong Kong police fire tear gas, water cannon at protesters
Taliban, Ghani declare three-day cease fire for Eid holiday

LATEST FROM THE WEB

Sen. Rick Scott: Bill of Rights allows Americans to worship at church service, no matter what gov't leaders say
Will Trump order sanctions on China's president for Hong Kong crackdown?
Beto O’Rourke mocks Texas governor’s reopening message – then hears back from Crenshaw, Cruz
Opinion — Newt Gingrich: On Memorial Day, we have a duty to honor Americans who died defending our country
Trump to attend Wednesday's NASA astronaut launch in Florida

CARTOON OF THE DAY

Cartoon of the Day
NEXT STORY
PJI readies new legal fight over Oregon lockdown

Judge banging gavel 2Oregon is one of several states where a legal fight is underway over lockdowns and executive orders, and now the state’s highest court has temporarily reversed a lower court ruling and sided with Gov. Kate Brown.