The case against Micheal Flynn is abusive and should be dismissed, as the Justice Department requests. But Judge Emmet Sullivan has other ideas, from usatodayopinion.
Under Sullivan’s theory, any time a defendant seeks such a dismissal he could face a judicially mandated perjury charge. Faced with evidence of prosecutorial wrongdoing , defense counsel would have to warn clients that the court might just swap one crime for another.The FBI properly, legally investigated 2016 Trump campaign. The rest is noise and spin.
The chilling implications of such a theory are being brushed aside by those eager to see Sullivan mete out his own form of justice. However, such an unsustainable decision would quickly careen out of control. Consider the scenario. Sullivan knows that such a charge would not be prosecuted by the Justice Department. However,states that such cases are to be prosecuted by the government, but “if the government declines the request, the court must appoint another attorney to prosecute the contempt.”
So what is Sullivan going to do? He cannot force the Justice Department to prosecute a case that it considers to be unethical. He would have to enlist his own outside prosecutor after creating his own dispute with outside parties. If Flynn is convicted, Sullivan will have to order the Bureau of Prisons to incarcerate someone who was convicted by judicial design.Ironically, Sullivan is largely responsible for the current posture of the case.
Michael Flynn has the curse of being useful. He was useful to investigate for officials like FBI special agent Peter Strzok, former FBI Deputy Director Andrew McCabe and former FBI Director James Comey, though investigators found
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