As we reported yesterday, the United States Court of Appeals for the D.C. Circuit called Judge Emmet Sullivan on the carpet, demanding that he respond within ten days, explaining his unprecedented actions in the Michael Flynn case.
Flynn’s attorney had petitioned the Court to allow the dismissal sought by both the defense and the prosecution and vacate Sullivan’s order to allow amicus briefing.
But the Court of Appeals of its own accord demanded that Sullivan explain why he declined the prosecution’s request for dismissal, why he invited non-parties to the case to intervene with amicus briefing, and why he delegated to a retired judge, John Gleeson, to write a brief in opposition to the DOJ motion to dismiss the case.
The Court of Appeals’ action apparently triggered Sen. Sheldon Whitehouse (D-RI). You may recall him — he was the guy who was obsessed with Justice Brett Kavanaugh’s high school yearbook and the fact that he drank beer in high school and who championed the ridiculous conspiracy theories that flamed out against Kavanaugh.
While three judges made the decision, one appointed by President Donald Trump, one by George Bush and another by Barack Obama, Whitehouse attacked and blamed the judge appointed by Trump for the move.
Where you see Neomi Rao, you can expect a lot of Trumpy dirt to follow. She’s a cartoon of a fake judge. Watch this space.https://t.co/aOPt7HKweo
— Sheldon Whitehouse (@SenWhitehouse) May 21, 2020
“Where you see Neomi Rao, you can expect a lot of Trumpy dirt to follow. She’s a cartoon of a fake judge. Watch this space,” Whitehouse said.
Translation: how dare the judges actually apply the law and think what’s going on stinks, can’t have that because it doesn’t serve our narrative.
From the Washington Times:
His comment drew pushback from Sen. Mike Lee, who like Mr. Whitehouse sits on the Judiciary Committee.
“Not cool, Sheldon. Judge Rao is a gifted, hard-working legal scholar and jurist. I know you disagree with her here — and I strongly disagree with you on that point — but is it ever appropriate to call a sitting jurist ‘a cartoon of a fake judge’? I can’t think of a good reason. Ever,” the Utah Republican fired back.
Unprecedented attack on judicial independence https://t.co/aRFqpBYdPn
— Greg Price (@greg_price11) May 22, 2020
Not to mention attacking a woman of color.
But this isn’t the first time Whitehouse has gone after the judiciary.
Folks, remember. This is a U.S. Senator and former U.S. Attorney who has already threatened the Supreme Court in an amicus filing. https://t.co/4IoEv0qLVO
— Solomon L. Wisenberg (@WisenbergSol) May 22, 2020
Last year he filed an amicus brief claiming the Supreme Court was unwell and shouldn’t hear a Second Amendment case. He suggested the Supreme Court could be changed by expanding the number of justices.