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The Cruelty Heaped upon Gen. Flynn Is Beyond Belief; Sullivan Should Be Removed from the Bench
Sidney Powell, Esq., will go down in history as one of the most skilled, talented, knowledgeable, tenacious, and relentless lawyers ever to take on the unlimited power and resources of the federal government. She has filed an application to the DC Court of Appeals for a writ of mandamus, ordering the rogue Judge Sullivan to grant the Government’s Motion to Dismiss the persecution of Gen. Flynn. The motion, which also calls for the reassignment of the case to another Judge, and the extensive brief which accompanies it, is highly recommended reading for anyone who wants to fully understand the cruelty and indignity heaped upon this honorable man who served his country in uniform for 33 years.
To say that Powell’s brief does not mince words is the mildest possible way to describe the way she goes head-on to attack what this out-of-control Judge is trying to do to Gen. Flynn and his family. In this recovering lawyer’s humble opinion, he deserves every word of it and it is high time he encountered a lawyer with the courage to call him the monster he obviously has become in the years since he performed so heroically in the Sen. Stevens case, about which Powell wrote in her book, Licensed to Lie.
I have written several times here on my views about this wretched persecution, including a post I entitled “The Kafkaesque Persecution of Gen. Flynn,” so I was naturally struck by the following passage in Powell’s brief (p. 29). It describes so well the strange and unlimited hatred of the General, first by the FBI, then the Special Counsel’s office, continued by the Justice (?) Department and its jackboot representative, Brandon van Grack, who should be, at the very least, permanently disbarred, and Judge Sullivan himself:
First, Petitioner, through no fault of his own, has been drawn into a Kafkaesque nightmare that is a cross between The Trial and In the Penal Colony. He has been subjected to deception, abuse, penury, obloquy, and humiliation. Having risked his life in service to his country, he has found himself the target of a political vendetta designed to strip him of his honor and savings, and to deprive the President of his advice. He has been dragged through the mud and forced, through coercion and the artful withholding of information crucial to his defense, to confess to a crime he did not commit—indeed, to a crime that could not exist. Having at last, through the relentless determination of his current counsel, brought the truth to light, he now learns that the judge who is charged with adjudicating his case impartially
has, in Judge Posner’s words, decided to “play … U.S. Attorney.”
This Judge’s latest unlawful shenanigans prompted Powell to describe his unbelievable conduct as follows (p. 32):
The district judge’s latest actions—failing to grant the Government’s Motion to Dismiss, appointing a biased and highly-political amicus who has expressed hostility and disdain towards the Justice Department’s decision to dismiss the prosecution, and the promise to set a briefing schedule for widespread amicus participation in further proceedings—bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny. This is an umpire who has decided to steal public attention from the players and focus it on himself. He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field.
As one who has followed this case rather closely, I no longer have the faintest idea of what this Judge thinks he is doing or why he is doing it. The one thing I do know, however, is that he must be stopped and removed from this case, so that a real Judge can perform the simple, ministerial task of dismissing this persecution so that the General and his family can finally be free to live their lives as the genuine, deserving Americans they are. This madness has got to end.
Published in General
This story should scare everyone. It should not matter what anyone’s political leanings are, the use of entrapping and getting confessions can happen to anyone. I think Martha Stewart should not have done time, and I don’t like her.
I hope they stream it live and really lay out all the facts. I don’t just want Flynn off the hook, I want the FBI and Team Obama cleansed by fire.
Do you think that your post is a wee little bit over the top? If Judge Sullivan is acting outside of his mandate, then the Court of Appeals will stay his decision.
I trust that you erred in your title where you suggest that Judge Sullivan should be removed from the bench. Judge Sullivan is a federal judge, and the way he would be removed from the bench would be impeachment. Perhaps the title should be that he should be removed from this case, which the Court of Appeals could order.
No, a most emphatic no, to your question, and to say that you and I disagree on many things, legal and political, would be the understatement of the Century. You are certainly entitled to your opinion, and I have read many of your opinions, and I have to wonder sometimes, and I say this with all due respect to your right to have your own opinions, how a practicing member of the Bar can express some of the opinions you express here on Ricochet. I wrote this mainly from the standpoint of the General and his family, in trying to empathize in some small way what they must be feeling right now being victimized — that’s my word and I’m sticking with it, whether it’s a “wee little bit over the top” (how quaint a phrase) or not– by a Judge whose every action since he decided to call a 3-Star General of the Army a traitor guilty of treason has been either totally or largely without proper authority.
Thank you for your kind offer of help to a lawyer who practiced trial law for over 5 decades but I think, with all due respect, I’ll just muddle along on my own without your help, as I wrote exactly, precisely and accurately what I intended to express. Judge Sullivan is a disgrace to the Bench, and he should be removed from the Bench, by all appropriate means. For that matter, he should have been removed from the case the day he called Gen. Flynn a traitor, conduct so loudly bespeaking deep seated bias and prejudice against a defendant it should never be tolerated. Ever.
Most respectfully submitted, and with all due respect, Jim.
In the meantime, before it goes to appeals, Flynn has to endure months of more trial and perhaps a change in administration. I cannot speak for Jim George, but I would guess that he knows the difference between removing Sullivan from the case and removing him from the bench.
The only logical explanation is Judge Sullivan is ready to retire and wants to go down in history as a hero to the #RESISTANCE.
Otherwise the best Judge Sullivan’s legacy could hope for would be a few chapters worth of well deserved biting critique in Sydney Powell’s next book.
He’s an Obama true believer fighting to his last breath. His over the top behavior throughout this case will look even worse in light of these shenanigans. He has bought the whole party line and now all of his efforts are for naught and he can’t let go.
I can.
He does.
The guy could have walked away from Obamagate as a footnote.
A barely recognized instigator of courtroom “shenanigans” lost in a sea of Obamgate corruption, but now Sullivan will memorialized in Obamagate history as highly politicized Lefty in a robe subverting his courtroom the to punish the innocent and protect the guilty involved in this sordid Obamagate affair.
I appreciate your strong feelings and opinion. I think that the Court has no option but to dismiss, not unlike the Obama Administration withdrew the prosecution of the New Black Panthers for sending out men with guns to the polls. Please see Justice Ginsberg’s opinion a couple of weeks ago where she chided a Court for ruling on issues that the parties never raised on appeal.
I’ve got 43 years of practice.
Respectfully Submitted this 20th day of May, 2020.
Judge Sullivan is a disgrace to the legal profession, and should be removed. Impeachment will never happen because the Democrats almost always circle the wagons around one of their own. Sullivan must go, even by way of a means other than impeachment.
I’m thinking induced retirement . . .
You mean SHE of course?
Thanks for spotting that — now corrected. My admiration for this particular lawyer, who makes one proud to be a member of the Bar, unlike so many these days, is unbounded and I would have hated to have that error continue as it was. Thanks again! Jim.
The Court of Appeals for DC has been packed with leftist judges by Obama. Ms Powell may have to go to the Supreme Court to get fair consideration. And the title is NOT over the top. He is a senior status judge. His judgement seems to have altered since the Stevens case and it may be argued that senility has set in. I also detect more than a smidgen of TDS in your comment.
I’ll just throw this in, as a “wee bit over the top” reaction from the people siding with those siding with Sullivan in his actions against Flynn, and their continued belief that the Trump-Russia collusion was real and it was spectacular. Usually only little kids can spin this fast without getting nauseous….
Can somebody post a version of the motion that I can download? I keep getting rejected when I try to set up an account in order to download it. Retired though I am, I keep files on some of the most memorable (euphemism for horrible) cases I’ve encountered.
There are more ways than one to get rid of a judge: paper him. I wouldn’t trust this _______ to adjudicate a parking ticket. And that goes for both ends of the table.
https://sidneypowell.com/the-michael-t-flynn-case/
The police should do a safety check at the Kristol residence.
It certainly appears as if some hard Left pajama boy has commandeered former conservative Bill Kristol’s Twitter account.
Or maybe Kristol has turned into a Neopajamaboy . . .
The fun part is the “ …to gain advantage in a presidential election…again” in the tweet. Which indicates that even though the Mueller investigation could turn up no indictable evidence, and even with all the revelations over the past month showing the collusion in the FBI and Obama Administration to set up Michael Flynn, Bill Kristol is still certain Trump colluded with Putin (which if you’re going to believe that, makes Trump some evil Super Genius, since the best progressive legal minds in Washington, plus slightly lesser lights like Adam Schiff haven’t been able to produce the smoking gun against Trump in 3 1/2 years of trying).
It’s tweets like this that completely delegitimize the NeverTrump side of the argument and makes the entire movement appear to be unhinged.
The Trump/Russia collusion theory was more than mildly insane from it’s inception, so to still be peddling the legitimacy of the Trump/Russia/Russia/Russia idiocy in May of 2020 makes Bill Kristol undeniably deranged.
Bill Kristol is in need of an intervention.
It’s also contradictory to the main focus of their dislike with Trump to begin with, which was his tact and decorum. Trump’s crudeness and his passion for spiking the football in his opponents faces meant if he had been conspiring with Putin he never would have been able to keep it to himself after his win over Hillary, and would have taunted her in some way after Nov. 8 (probably with a tweet picture of her and her ‘reset’ button with Vladimir from seven years earlier).
The fact that Kristol can hold this belief about Trump (which far more reflects the actual Trump persona) while at the same time believing he’s some evil mastermind who’s hidden the truth about his Russia dealings from Mueller, the House committees, the New York Times, the Washington Post, NBC-CBS-ABC-CNN and all the other publications not exactly in Trump’s corner shows that Kristol and The Bulwark have gone all-in on the ‘evil idiot’ scenario for Trump that’s the same that the left tried to use on Reagan and Bush 43, but that they would have howled about when it was used on Reagan and Bush 43.
In all three cases, the president is a drooling moron when the narrative calls for him to be a drooling moron, and he’s capable of Einstein-levels of intellect in using deception to hide the truth from the world, when the narrative requires that to be the reason the truth hasn’t come out (they’re not going with the alternative explanation there, which would be the truth is still hidden because they’re stupider than Trump).
Were you just trying to ruin my day? Bill Kristol can’t say “and or the” without showing the fool he has become.
The Court of Appeal has just entered this Order a few minutes ago, ordering Judge Sullivan to file a response to Gen. Flynn’s Motion for Writ of Mandamus within 10 days; the Government is invited to respond also within its discretion. It is noted that the Court specifically cited its Fokker decision, which many — including myself — believe that the Court of Appeal must order Sullivan to dismiss the case. FYI. Jim.
Henderson is a GHWBush appointee; Wilkins Obama; Rao Trump
I have to call that odds about as good, or maybe even far better, than one could dream of on this particular Court.
Note the panel ordered the judge instead of inviting him. That’s a clear indication that granting is likely unless Sullivan provides good reason not to.
Kinda like what the MSM says about Rush. One minute, he’s just an entertainer so we shouldn’t take him seriously. The next minute, he’s the titular head of the Republican party and Trump’s brain . . .
There are a number of very interesting comments along the following line on Twitter:
Wow. I have never seen an appellate court direct a district court judge to file a response to a mandamus. This is extraordinary. by Leslie McAdoo Gordon
And an extensive analysis by “Undercover Huber” and Prof. Cleveland, the tenor of all of which is that this is a very unusual move on the part of the Court, ordering, not inviting, Judge Sullivan, to justify what he is doing.
I would have to say that the early indications are, at the very least, favorable.
Hope springs eternal.
Jim.
Judge Sullivan’s turnaround since the Stevens case makes me wonder if he was threatened with something, he is appearing increasingly desperate.