Go here to read it. The Government has filed its brief in support of Flynn’s Petition for Writ of Mandamus. Go here to read it. Color me extremely unimpressed by Sullivan’s submission. At bottom his response comes down to him questioning the decision of the Government to drop the case. That is not his call. The Government gets to decide whom to prosecute and whether to proceed with a prosecution. Criminal cases are dismissed routinely by governments at all levels every day. Courts also, routinely, grant the dismissals even if, privately, the judge in a case believes the prosecution should proceed. Why? Because a judge is not a prosecutor. A judge has no more right to usurp the power of a prosecutor than a prosecutor has to usurp the power of a judge. This is Criminal Law 101, and that Sullivan does not see it, indicates that he should immediately be removed from a case where he seeks to claim the dual roles of judge and prosecutor. I hope however, probably in vain, that he will soon have a chance to don a new role for him, that of defendant.
Just to point out that the ‘response’ was drafted by the outside counsel he hired, who had the assistance of three attorneys whose names appear on the cover sheet.
I’ve heard conflicting accounts of Sullivan’s mundane conduct. Two accounts (with names attached) have said he was satisfactory and two (under pseudonyms) have said he had a stew of deficiencies intellectual and characterological. His behavior has been so erratic in this matter that cognitive decline is something you have to consider in pondering this. Many dementia patients are quite aware of their impairments. Alzheimer’s patients generally are not.
We know now that he was in cahoots with van Grack and before that with Weissmann’s crew. We just don’t know what sort of ex parte communications they had.
Justice won’t be done in this case until van Grack, Mueller, Weissmann, and any subordinate of theirs substantially responsible for this train wreck are disbarred. Not holding my breath.
Sullivan needs to be disbarred. Not surprisingly, his lawyers misrepresent the key case upon which they rely. More significantly, the government makes a great argument: who will carry out any prosecution Judge Sullivan forces upon Gen. Flynn? It actually highlights the absurdity of Sullivan’s position that judges have the power to charge and prosecute crimes. Seriously, this man has never read the Constitution.
He belongs in an adult high chair in a nursing home in a room next to Biden, who also belongs in an adult high chair in a nursing home.