Trial judge, Emmet Sullivan, issued an order permitting people and groups claiming to have an interest in the matter to file briefs about whether he should grant the government’s motion. Further, Sullivan appointed a retired federal judge, John Gleeson, to act as amicus curiae (friend of the court) to present opposing arguments to the government’s motion of dismissal.
The case of former national security adviser Michael Flynn is rapidly moving from the dubious to the preposterous. U.S. District Judge Emmet Sullivan is being widely applauded for resisting the dismissal of a case that the Department of Justice insists cannot be ethically maintained.
Faced with no dispute between the parties, Sullivan decided to create a contested case by inviting in third parties to create a conflict and now is suggesting that he may substitute his own criminal charge rather than let Flynn walk free. In the past, I have publicly praised Sullivan. However, this is fast becoming a case of gross judicial overreach as the court appears to assume both judicial and executive powers. Sullivan can disagree with the exercise of prosecutorial discretion, but he cannot substitute his own judgment for it.
Judge Sullivan appoints former judge who just attacked Barr and @realDonaldTrump administration on the Flynn case dismissal to "prosecute" Flynn! I've never seen anything like this in my 23 years at @JudicialWatch. @SidneyPowell1 https://t.co/xbzoso25zO
— Tom Fitton (@TomFitton) May 14, 2020
Flynn Files Emergency Petition With U.S. Court Of Appeals To Replace Judge And Dismiss Case
In an unexpected turn of events defense lawyer for former national security advisor Lt. Gen. Michael Flynn has filed a writ of mandamus with the United States Court of Appeals with the District of Columbia to dismiss the case against Flynn, vacate the order appointing an amicus curiae and reassign the case to another judge. The petition comes after Judge Emmet Sullivan, who oversees Flynn’s case, failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.
Sidney Powell filed the 31 page writ of mandamus on Tuesday afternoon with the court, arguing in the petition that Judge Emmet Sullivan, who has been overseeing the case has wagered a political agenda against her client.
“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,” Powell stated in the petition, which was obtained by SaraACarter.com.
She asked the court to determine whether “the district court exceeded its authority and egregiously abused its discretion by failing to grant the Government’s Motion to Dismiss the Criminal Information and, instead, appointing an amicus to oppose the motion and to propose contempt and perjury charges against General Flynn, while inviting additional amici.”
This story is developing