By Duncan Smith
When the Justice Department informs a federal court it is dropping a case against a suspect, that is nearly always the end of it. The judge dismisses it, the case is over, and the accused is released with a clean record.
Well, that’s nearly always the end of it. But not in the age of President Donald Trump.
‘The Swamp’ so hates this president (because he really wants to bring ‘hope and change’ to the nation) that its inhabitants are in outright rebellion against him, as evidenced by the fact that U.S. District Judge Emmet Sullivan, a Clinton appointee, has steadfastly refused to honor the DoJ’s request to drop its case against former National Security Adviser Michael Flynn because he was obviously set up by Obama’s FBI in a gross miscarriage of justice.
And now, after Sullivan asked another Clinton appointee, former federal judge John Gleeson, to 'review' the dismissal request and after Gleeson has argued against it (surprise!), the whole thing has become “a spectacle,” according to Jeffrey B. Wall, principal deputy attorney general for the department.
“This has already become a public spectacle and, I think, becoming more of a public spectacle,” he told a federal appeals court on Friday, according to the Washington Times.
'It threatens to harm not just the integrity of the Executive [Branch] and its prosecutorial discretion and its deliberative processes but I think it threatens to harm the Judiciary [Branch] as well,' he continued.
The paper added:
Attorney General William B. Barr last month directed the Justice Department to drop the charges, saying newly surfaced evidence revealed the FBI had no basis to interview Flynn because it planned to close the case after failing to uncover wrongdoing.
U.S. District Judge Emmet Sullivan has challenged the Justice Department's decision to drop the case and appointed a retired federal charge to argue in favor of continuing the case review whether Flynn should be held in contempt.
Mr. Barr's actions have shifted the case from broader questions about guilt and innocence to allegations of political interference and when it is appropriate for an attorney general to intervene.
'It's an intrusive process,' Mr. Wall said adding that the case is 'playing out in a politicized environment.'
He warned the court that real harm could occur if the government is forced to answer questions about Mr. Barr's policy [judgment] and why prosecutors in the case refused to sign off on the motion to dismiss.
'Courts were not supposed to go down this road,' he said.
Also at the hearing was Flynn’s attorney, former federal prosecutor Sidney Powell. She noted that Sullivan was out of order in appointing Gleeson.
'The judge has no authority to do anything further in this case,' she said. 'The parties have decided, the government has quit, and he also has no authority to go into the reasons behind the executive's determination to dismiss the case.'
The appellate court, however, challenged Powell on why she believed that Sullivan overstepped.
Powell insisted Judge Sullivan's actions were inappropriate as she noted that the entire ordeal was having a very negative affect on Flynn.
'It's a travesty of justice that this man has been dragged through for three years on a case that was absolutely concocted by FBI agents on falsified evidence with some help from the Department of Justice,' she said.
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