Michael Flynn Judge Emmet Sullivan Needs To Recuse Himself Already

1. But the recusal issue could still rear its head if the appellate court does not also nix any attempt by Sullivan to hold Flynn in criminal contempt of court for perjury; or if the long-time federal judge decides to issue a flurry of rulings before the D.C. Circuit rules on the mandamus petition.
2. After the government filed a petition for mandamus, the D.C. Circuit in Fokker appointed an outside attorney to act as an amicus curiae, then went on to grant the petition, holding that “decisions to dismiss pending criminal charges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion.” The Fokker court, however, did not invite the trial judge to answer the petition for mandamus, allowing him to stay on the sidelines of the dispute.
3. Craig, the defendants in an underlying lawsuit sought to disqualify the presiding judge, Judge Highsmith, pursuant to Section 455, “solely because he submitted a brief in response to the Eleventh Circuit Court of Appeals’ order directing him to answer the petition for write of mandamus.” That order, like the D.C. Circuit’s order, “directed Judge Highsmith to respond within 10 days and requested that he address two specific cases.” Judge Highsmith “promptly complied” with the directive.
4. If that were still not enough under Section 455 to demand Sullivan’s recusal, the currently pending mandamus proceedings in the D.C. Circuit Court cement the conclusion that Sullivan can no longer fairly preside over the Flynn criminal case.
5. After the Third Circuit resolved the mandamus question, the defendants sought recusal of Judge Highsmith, and the government agreed that “the court’s impartiality might be questioned since it personally responded to defendants’ mandamus petition.” The court agree and ordered recusal, citing the Third Circuit decision in Alexander v.
6. Section 455 provides that “any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Sullivan’s order welcoming amicus curiae briefs in a criminal case would cause a reasonable person to question Judge Sullivan’s impartiality.
7. Emmet Sullivan’s order welcoming amicus curiae briefs in a criminal case would cause a reasonable person to question Judge Sullivan’s impartiality.

https://thefederalist.com/2020/05/27/michael-flynn-judge-emmet-sullivan-needs-to-recuse-himself-already/