Judge Sullivan's misjudging his role

Friday, June 5, 2020
 | 
Chris Woodward (OneNewsNow.com)

Lady of JusticeAs the D.C. Circuit has scheduled oral arguments to review a judge's refusal to immediately close the federal government's prosecution of Michael Flynn, one legal fellow says he's never seen anything like this before.

The Department of Justice has already moved to drop its case against Flynn, a former national security adviser to President Trump. Still, Judge Emmet Sullivan has been reluctant to sign off on the dismissal. He has more recently obtained legal counsel, and Sullivan stated this week that there is reason to question the DOJ's motives.

Hans von Spakovsky, senior legal fellow for The Heritage Foundation, tells OneNewsNow Judge Sullivan has no legal basis to do that.

"In fact, the Justice Department filed a brief in response to what Judge Sullivan filed with the court of appeals, and they pointed out that not only is he wrong under the federal rules of criminal procedure that govern him, he's wrong under the law and the Constitution," says Spakovsky, who worked previously at the Justice Department as counsel to the assistant attorney general for civil rights.

von Spakovsky, Hans (Heritage)"The reason is very simple," he continues. "The executive branch enforces our laws and decides whether to prosecute or not. The judicial branch has no role as a prosecutor, and that is exactly what Judge Sullivan is attempting."

In terms of Judge Sullivan getting a lawyer, Spakovsky has never seen anything like this before.

"It is bizarre what he has done," the legal fellow submits. "The judge is just completely wrong in all of this."

The legal fellow adds that the worst part is "we the taxpayers are paying the cost of Judge Sullivan's lawyer."

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