If you have been scratching your head–no matter your politics, and assuming that not every decision you make is based upon personal bias–you may still be aghast at Judge Emmett Sullivan’s refusal to grant the prosecution’s motion to drop the case against Gen. Michael Flynn.
The motion was unopposed, since his defense also had a motion to withdraw his guilty plea. That motion too was obviously unopposed since the prosecutors wanted to drop the whole case. You don’t plead to a charge that doesn’t exist.
But, instead, Judge Sullivan appears to have decided to “leap across the bench” and become a prosecutor himself. He intends to see if there are charges he can file against Flynn, and is bringing prosecutors in from a time gone by, and a retired judge to show him how to still prosecute the man for something.
For all Americans, we have a right to a fair and impartial trial, whether criminal or civil. Under the Constitution, there are three branches of government–separate but equal. And there is a separation of powers between the branches. Each is to wear their own “hat” if you will. They are to do what their branch of government has jurisdiction over, and not breach that separation of the branches of government.
Prosecutors (of all titles) are in the Executive Branch, and are part of the Justice Department. (state and federal) Judges are part of the Judicial Branch, and their purview is to mediate, and make rulings that insure a fair and impartial trial. That presupposes there is an actual case at hand, and not one that has been withdrawn.
It is so fundamentally unfair, you almost can’t get your wits around it. A man is sentenced for a crime he is not charged with. That sounds like an old “Gunsmoke” plot, a story from the Wild West. Certainly it does not represent Rule of Law and Due Process.
Not only does Sullivan appear to have skipped his Civics Class when he was young, where he would have learned about the separation of powers and the role of the three branches, but it appears he also skipped his Constitutional Law Class. That, I believe, is the first class in first year law school.
Either way, Due Process is granted to all of us, under the Constitution, as it is written. If any of you even consider right now inserting “politics” into this, and attempt to avert your eyes because you hold opinions about the defendant, the prosecutors, the Justice Department or anyone else, I want you to stop. If our Judicial Branch turns into a prosecutorial arm, God helps us all.
Take a deep breath, and know that I am grateful you would never be sitting on a jury deciding my fate. The issue would be guilt or innocence on the charges, based on the facts at hand. It would not be on whether or not you like me, my husband, my boss, or my voting habits.
The issues are only: Was there a crime? Did I commit it? Beyond a reasonable doubt? If so, what should my penalty be? And if I were charged with something–and later evidence showed that not only did I not do it, but that in fact no crime occurred, but prosecutorial misconduct may have occurred–and the prosecutors drop the case to avoid turning into “persecutors,” I would expect you to grant their request, no matter your fermenting biases.
I was just funnin’ with you a few paragraphs back. I don’t think Judge Emmett Sullivan did skip his Civics Class. I don’t think he skipped his Constitutional Law class. I think he knows exactly what he is doing. And that, my friends, should scare the living daylights out of you.
Every single American should protest this outrageous behavior. And know that the next time you are in trouble, or on trial, and the Judge gets mad at you and says to the Prosecutors, “do you want to also charge this person with Treason?” and no one does anything about it, I won’t be there to defend you.
Not true. Funning with you again. I WOULD BE THERE TO DEFEND YOU, because I believe in civil liberties and I do not believe they extend only to members of one political party, or one race, or one religion.
I owe a dream debt–as I have written about before–to my ancestor who fought with George Washington, to make it possible for this nation to be free, and for our Constitution to be written and followed. I might not believe in you; I might not even like you. But I believe in the Rule of Law. Without it, we sink back into the age of the Spanish Inquisition.