RUTHFULLY YOURS

https://www.wsj.com/articles/judge-sullivan-vs-justice-ginsburg-11589498942?mod=opinion_lead_pos2

“Justice Ginsburg’s argument is that the job of judges is to judge, not to substitute for prosecutors.”

In his zeal to convict Michael Flynn of something, federal Judge Emmet Sullivan is harming his own reputation. He’s also violating the law, as he’d know if he had read Supreme Court Justice Ruth Bader Ginsburg’s opinion last week overturning the Ninth Circuit Court of Appeals.

On Wednesday Judge Sullivan appointed an ex-judge to explore whether former Mr. Flynn should be held in criminal contempt for perjury even though prosecutors have sought to drop the charges against the former national security adviser. The relevant case is U.S. v. Sineneng-Smith, in which the Supreme Court reversed a Ninth Circuit ruling striking down a criminal statute involving immigration as unconstitutionally overbroad. The case was overturned because instead of adjudicating the issues raised by the parties, the Ninth Circuit panel invited outside groups to brief them about a defense the defendant never raised.

This is akin to what Judge Sullivan is trying to do with Mr. Flynn by asking outside parties to make new arguments for prosecution—and even appointing former judge John Gleeson, who has shown clear public bias (in an op-ed) against Mr. Flynn, to make the case. Judge Sullivan’s abuse is more egregious given that the real prosecutors now say they don’t believe they can honestly prosecute Mr. Flynn.

https://www.gatestoneinstitute.org/16025/judge-emmet-sullivan

In the Flynn case, the prosecution and defense both agree that the case should be dropped. Because there is no longer any controversy between the parties to be resolved, there is no longer any case properly before the judge. His only job is to enter an order vacating the guilty plea and dismissing the case with prejudice.

Under our constitutional system of separation of powers, the new prosecutor has no standing…. the separation of powers…. allocates the power to prosecute to the executive not judicial branch.

It makes no constitutional difference that Flynn pleaded guilty — even if his plea was voluntary, which is questionable in light of the threats against his son.

The Justice Department has the constitutional authority to dismiss a prosecution that it has brought at any time and for any reason, without being second-guessed by the judicial branch.

[Sullivan] is endangering our system of separation of powers and he should be stopped by a writ of mandamus or a motion to recuse. Judges, too, are not above the law or the Constitution.

Judge Emmet Sullivan’s decision to appoint a retired federal judge to argue against the Justice Department’s entirely proper decision to end the criminal prosecution of General Michael Flynn is designed to circumvent the constitutional limitation on the jurisdiction of federal judges. The Constitution limits this jurisdiction to actual cases and controversies. There must be disagreement between the parties that requires resolution by a judge. If the parties agree, there is nothing for the judge to decide.