It appears as though the ‘judicial bureaucracy’ of the United States is as partisan as the Left-wing federal bureaucracy and the Democrats it serves, because if that were not the case, then former National Security Adviser Michael Flynn would have gotten justice by now.
But he hasn’t – because Democrat activist judges refuse to give it to him, which is a disgrace.
Earlier this year, on instructions from Attorney General William Barr after evidence was found that the FBI acted to catch Flynn in a perjury trap as part of the bogus ‘Spygate’ probe, the U.S. attorney for the Eastern District of Missouri Jeff Jensen, himself a former FBI agent, found additional evidence exonerating the former three-star general.
Acting on that new information, the Justice Department went to the courtroom of U.S. District Judge Emmet Sullivan and sought to dismiss their case against Flynn, despite the fact that he had pleaded guilty to one count of lying to FBI agents in 2017 (Flynn went on to cooperate with Robert Mueller’s probe and was thus never sentenced).
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But no. Instead of accepting the DoJ’s request and vacate Flynn’s case, Sullivan launched a jihad against the one-time Defense Intelligence Agency director with an eye toward getting him sentenced for a crime he did not commit, despite his plea.
The Justice Department wouldn’t accept that and instead appealed to the entire D.C. Circuit Court of Appeals, seeking to have the panel order Sullivan to do the DoJ’s bidding and get rid of the case or assign the case to another judge that is not so obviously biased.
In a massively lopsided (and politicized) decision, however, the appeals panel ruled 8-2 – the two judges being appointees of Presidents Donald Trump and George W. Bush – to send the case back to Sullivan where he will no doubt hem and haw for another couple of months to see whether Joe Biden becomes president, at which time he’ll simply continue delaying the adjudication of Flynn’s case until a new Democrat attorney general reverses the Barr Justice Department’s decision and reengage to prosecute the 30-year Army veteran to the fullest.
It’s an outrage.
In its 61-page ruling, the D.C. Circuit found Flynn “has not established that he has ‘no other adequate means to attain the relief he desires.'” The full court also declined to require the case be assigned to a different judge, as Flynn “has not established a clear and indisputable right to reassignment.”
In May, the Justice Department filed a motion with the U.S. District Court in Washington seeking to dismiss its criminal case against Flynn, arguing “continued prosecution of this case would not serve the interests of justice.”
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U.S. District Court Judge Emmet Sullivan, however, declined to immediately dismiss Flynn’s case, and appointed a retired federal judge, John Gleeson, as a “friend of the court” to argue against the Justice Department. In response to Sullivan’s move, Flynn filed an emergency appeal to the D.C. Circuit to force Sullivan to drop the case.
A three-judge panel on the D.C. Circuit, which included Rao and Henderson, ruled 2 to 1 in favor of Flynn in June, but Sullivan appealed the ruling and asked for the full court to rehear the case. The full D.C. Circuit held oral arguments earlier this month.
Enough of this partisan clown show. Every day that goes by, Flynn gets no justice and deeper in debt.
President Trump should preemptively pardon Flynn now and end this disgusting abuse of judicial power.
