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|Re: Emmett Sullivan is a political whore. He's preparing to hold Flynn in contempt for perjury, sua sponte. He doesn't constitutionally have that power. -- TEEBONE||Post Reply||Top of thread||Forum|
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Dershowitz: Judge should dismiss Flynn case or be impeached - WND
Politics U.S. WorldWND
Liberal legal scholar blasts delay after DOJ dropped prosecution
By WND Staff
Judge Emmet G. Sullivan should dismiss the case against former Trump national security adviser Michael Flynn or face impeachment, contends Harvard Law emeritus professor Alan Dershowitz.
The Justice Department filed a motion last week to dismiss the case, but Sullivan has refused to sign off on the order. Instead, he has invited third parties to submit friend-of-the-court briefs in the case.
The DOJ moved to dismiss at the recommendation of a U.S. attorney assigned to review the case and after the unsealing of documents that confirmed Flynn's claim that he was framed by the FBI.
"If this judge has the gall to not throw this out, he ought to be impeached. Remember that judges only have jurisdiction for cases and controversies," Dershowitz said. "There’s no controversy here. Both sides agree this case should be dismissed. This judge has no power to do anything else. And if he asserts that power, he has violated the Constitution."
In a motion to the court, Flynn's attorney, Sidney Powell, argued there is no provision in federal criminal cases for such briefs.
The "proposed amicus brief has no place in this court … it is no accident that amicus briefs are excluded in criminal cases," she wrote. "This court, on 24 specific occasions has rejected all prior attempts … to intervene."
Powell said no "further delay should be tolerated or any further expense caused to him and his defense."
Evidence released last week shows the investigation against Flynn was to be closed due to lack of evidence before lead investigator Peter Strzok ordered it remain open. A memo shows FBI agents then discussed trying to get Flynn to lie so they could prosecute him.
The interview of Flynn, which led to his guilty plea, had no legal foundation because the FBI already had a transcript of the telephone call at issue with Russian ambassador Sergey Kislyak, critics argue.
A group calling itself "Watergate Prosecutors" requested permission from Sullivan to file a brief opposing dismissal of the case, even though the DOJ will not continue its prosecution.
Former assistant U.S. attorney Andrew McCarthy called Sullivan's actions "unhinged," Fox News reported.
"Judge Sullivan, who has been so unhinged on this case that he originally characterized it as a treason case, decided this was just a peachy idea so now he’s inviting basically an anti-Trump group therapy session," McCarthy said. "All the lawyers out there who want to file amicus briefs are invited to do that. It will make no difference in the end but it will just drag the process out."
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
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