We’ve been doing a lot of coverage on the horrible way in which Judge Emmet Sullivan has been dealing with the Gen. Michael Flynn case.
Despite both the prosecution and the defense wanting to dismiss the case, in an incredibly unusual move, Sullivan decided to open up the matter to amicus briefing from people who had nothing at all to do with the criminal case, an unheard of move on the trial level. On top of all that, he also appointed a retired federal Judge, John Gleeson to brief the opposition to the DOJ motion to dismiss and to opine on whether Flynn should be charged with criminal contempt for his prior plea to the Court.
Prior to that he had improperly accused Flynn of treason, showing both his bias and his failure to understand the facts of the case.
We have pointed out the problems in Sullivan’s positions and that he may be tending toward reversible error.
But CNN law enforcement analyst and former FBI official James Gagliano pointed out another problem in what Sullivan has previously said about the case that’s more than a little concerning and screams a problematic attitude toward the case.
Shockingly cavalier take by Judge Sullivan to defense counsel @SidneyPowell1 on 9/10/19 re: FBI’s *lost* original Flynn interview 302:
“[T]hings happen and documents are lost. I mean, it just happens.”
Excused *misplacement* of seminal interview document? 🤔
— James A. Gagliano (@JamesAGagliano) May 17, 2020
According to the Judge, just happening not to have the very item that you need to prove lying is an “oh well, who cares” moment.“ “[T]hings happen and documents are lost. I mean, it just happens.”
Think about that for a second. The very item alleged to prove what you are charged with is missing and the judge has no problem with that? Any other judge would probably consider tossing the case for that reason alone and/or have a serious question about the nature of the case being presented.
How bad is it?
Gags is right…this looks terrible. Trust demands transparency https://t.co/VasFl1ytCW
— Christopher C. Cuomo (@ChrisCuomo) May 17, 2020
When even CNN’s Chris Cuomo gets that it’s unseemly but the judge who is supposed to be unbiased doesn’t, there’s a problem.
They never turned over the original 302 (interview notes that were required to be taken), they turned over something written weeks later with a lot of edits. That’s a problem, as Flynn’s attorney Sidney Powell pointed out.
Just one more problem in the long list of issues in this case.