Aug 18 , 2020
I want society to return to what was once considered normal but that’s the problem, defining normal. Whatever normal might be, the past several years, even before Trump became President, we have not experienced normal. Maybe we are nearing the proverbial ‘Ends of Days’ and it’s just a matter of time before we are all just ashes and dust? That being said, Judge Emmet Gael Sullivan, the US District Court Judge for the District of Columbia, is not helping to quell the spirit of craziness which has been emanating from our nation’s Capital for quite some time. Congratulations to Judge Sullivan because he is this week’s winner of our Dumbass of the Week award for his continued refusal to drop a case that the Department of Justice had decided that it will not prosecute. More than that, a 3 Judge panel ordered him to drop the case and he has since appealed that decision. Worse, his motion of appeal was actually granted which makes me believe that this is all just a game to the entrenched Swamp Creatures of Washington DC.
Let’s take a step back for a moment, Judge Sullivan was the Judge presiding in the case against General Michael Flynn. General Flynn had pled guilty to 2 charges of perjury, which some say were coerced under dubious circumstances. The DOJ decided that the confessions were not legitimate and that the FBI played dirty with General Flynn and decided to drop the case altogether. The Judge in the case, Emmet Sullivan, had decided that the case should not be dropped and has pressed his position legally. He hired a legal team; he requested that legal scholars opine as to the legitimacy of dismissing the case and has challenged the DOJ’s authority of dropping the case altogether. Here’s the problem, he’s the Judge and not one of the litigants. Full stop. He has NO STANDING in the case. None. His job is to call balls and strikes, not to decide who pitches or which pitches get thrown. He knows this, and he knows that the case has been dropped, but yet, he still is demanding to preside over a case that won’t be prosecuted. Further, the Judge that he asked to file a brief detailing the DOJ’s lack of authority to drop the case was Judge John Gleeson, formerly of the same District Court of Columbia. Judge Gleeson did just as expected, however, several years ago, this same Judge Gleeson wrote an article that the DOJ has supreme authority on deciding which cases to prosecute. I wish that I was making up these claims but I am not. I am merely pointing out the horrible political games which are being played every day by people who we are supposed to be able to trust. People who are tasked with adjudicating the law free and clear of political games. People like Emmet Sullivan and John Gleeson for that matter. Then again, this is an election year so all bets are off the table.
I guess that it matters who is running the DOJ before we decide the authority we are willing to give to the DOJ? I guess that some people, Judge Sullivan and apparently Judge Gleeson for two, have decided that their own authority supersedes the parameters outlined for District Judges when it comes to playing Presidential politics? I guess that Judge Sullivan would only be happy if we allowed him to participate in the Trial of General Flynn as the Judge; Jury and Prosecutor? I do believe this exercise in futility by Judge Sullivan is politically motivated and has nothing to do with the law. I also believe that this is yet another case of “The Swamp” fighting back against the will of the American people. We voted for change and we are going to have to keep fighting for that change to be realized because there is another side to this fight and that side is intent on winning its battle against the will of the American people. And, that is just the way I see it.
Eventually the case against General Flynn will be dropped because the DOJ has decided to not prosecute the case, which means that the case will not be prosecuted. The DOJ decided that the pleas entered in the case were gotten by using under handed tactics and, as such, has chosen not to prosecute. The prosecution has decided that it does not have a case against the General and will not prosecute the case. The Judge does not get a say in that decision and the expert he brought in to challenge the DOJ’s position, not very long ago, held that the DOJ gets to make that call without exception has now changed his mind. Hmm? If it sounds confusing, it’s not. It’s merely stupidity magnified to an unbelievable extent.
Unfortunately, it’s also a sign of the times in which we exist. Worse, it’s an election year and this is all political. Hang on, strap in and get ready for a wild ride because things will only get worse before Election Day. I think the way “The Swamp” sees things is that this is an all hands on deck moment and every effort to derail, to discredit and to hurt the Trump administration is a welcome line of attack. I also think that Trump is 3-4 steps ahead of them most of the time. Just Yesterday, a great step towards Peace in the Middle East was accomplished. Again, and because it’s worth repeating, Peace in the Middle East. Negotiated by Trump, the same person who we have all been told for the past 3 ½ years is unqualified to be President and will only make the world a more dangerous place. Trump is a problem solver thrust into a system designed to exasperate problems for its own purposes. So, he’s their problem. Stay strong.