I suspected something like this would happen.
When the news first broke that documents were released showing rampant corruption in the Michael Flynn case, my immediate reaction was that Judge Emmet Sullivan wouldn’t care. Anyone following the case knew that he wasn’t friendly to any new evidence coming out. In fact, just a month prior, the judge hand waved away the then missing evidence, suggesting that “documents get lost” and that it wasn’t a big deal.
In an article I wrote on the matter in late April, here’s what I said about Judge Sullivan.
Unfortunately for Flynn, the judge who is presiding over his case made up his mind long ago. No matter what they produce, the outcome will likely be the same. But it’s still incredibly corrupt for the FBI to have sat on this evidence for literally years now.
But when the DOJ moved to drop the charges, I figured his hand would be forced. How could he go ahead and sentence a man against the request of the prosecution and whose case had been completely blown up by formerly covered up documents? Well, Judge Sullivan is signaling he may find a way.
Looking at the docket entries (#201 not present), we suspect an amicus brief has already been filed.
Perhaps by the former DOJ employees who want Sullivan to improperly proceed to sentencing.
Judge Sullivan risks turning this into a circus. pic.twitter.com/hJpxForsdS
— Techno Fog (@Techno_Fog) May 12, 2020
The fact that he’s requesting comment means he’s still leaving sentencing on the table. Further, if you read into things a little more, he mentions “organizations” might want to lobby the court in this instance. He’s almost assuredly winking at Project Democracy in this case, the group of former DOJ officials who constantly sign letters demanding AG Bill Barr resign. As Techno Frong notes, it’s possible they’ve already submitted something. No doubt, many other partisans will jump into the ring as well.
Also note that the only ones that will be shared are those approved by Judge Sullivan himself. You can bet they will all be critical of Barr. This is essentially one giant political statement being made via the court system. It’s especially gross given what we now know about the Flynn case and the misconduct of the FBI.
Judge Emmet G. Sullivan just signaled he’s not interested in the law, due process, equal rights, or justice. He already called Flynn a traitor in open court, and now he’s going to invite left-wing lawyers write his final order against Flynn for him. https://t.co/UFO7ZEn74u
— Sean Davis (@seanmdav) May 12, 2020
If Flynn is indeed sentenced, it’ll be appealed and almost certainly overturned, but it should never get to that point. We know that the very agents who did the interview didn’t think Flynn lied, that Flynn showed no intent to lie, and that the entire thing was a political setup to try to get him fired. His family was threatened and his finances destroyed until he finally plead guilty. Any judge that goes ahead with a sentencing after what’s been revealed needs to be removed from the bench.
Regardless, it looks like the deep state aren’t going to go quietly, and Judge Sullivan is going to make sure they are given a platform.