Tuesday, May 26, 2020

It’s Not The Trump Administration Politicizing Flynn’s Case, It’s Judge Sullivan

  1. Notwithstanding the many connections between Gleeson and members of the Resistance, and the obvious bias of Weissmann and other former special counsel team members, such as Lisa Page and Peter Strzok, the left and Never Trump right are portraying Mueller and the special counsel’s office as the apolitical arbiters of justice and Sullivan and his hand-selected amicus as defenders of the rule of law.
  2. Not quite two weeks ago, Judge Emmet Sullivan threw open the doors of his federal courtroom to the swamp when he invited third parties to pontificate on the propriety of the Department of Justice’s motion to dismiss the criminal charges against Michael Flynn.
  3. Rather than come to terms with the fact that it was President Obama and his team who weaponized the DOJ, Judge Sullivan, by welcoming third-party briefing in the Flynn case, gifted the Resistance a platform to continue to push nonsensical conspiracy theories under the guise of law and order.
  4. In its motion to dismiss the criminal charge against Flynn, the government highlighted the already-public evidence of misconduct, such as the text messages that revealed that FBI management intercepted the closing memorandum in the Flynn case, holding open the investigation to provide a pretext to question Flynn on January 24, 2017, about his conversations with the Russian ambassador.
  5. Rather than express outrage over this government misconduct, the left and Never Trump right decided to spin the DOJ’s decision to dismiss the Flynn case as politically motivated and directed by a tainted attorney general.
  6. The government also detailed in its motion to dismiss changes made to the FBI’s 302 interview form that, when read in light of the corresponding text messages, establish that FBI attorney Page wordsmithed FBI agent Joe Pientka’s interview summary, with Strzok’s help, to create the impression that Flynn had made false statements to the FBI—the crime for which he was later charged.
  7. The next day Sullivan went further: He appointed a former federal judge, John Gleeson, as an amicus curiae, or friend of the court, to argue that the government’s motion to dismiss should be denied.
  8. The Washington Post cloaked Gleeson and his co-authors, David O’Neil and Marshall Miller, with an aura of impartiality and authority by highlighting their past service in the Department of Justice: “John Gleeson served as a U.S. district judge for the Eastern District of New York and chief of the Criminal Division in the U.S. Attorney’s Office in that district.
  9. Those condemning the DOJ’s decision to drop the charge against Flynn likewise ignore the growing evidence of misconduct by both the FBI and the federal prosecutors who handled the Flynn case.
  10. In any event, why should Judge Sullivan consider the opinion of some 1,100 former federal prosecutors significant? The size of the contingency says nothing of the merits of the DOJ’s action, and if size mattered, the total number of signatories is but a sliver of the total number of DOJ attorneys now retired or working elsewhere.


https://thefederalist.com/2020/05/26/its-not-the-trump-administration-politicizing-flynns-case-its-judge-sullivan/

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