By Clarence McKee | Newsmax
Michael
Flynn, President Donald Trump's former national security adviser, leaving
federal court following a status conference with Judge Emmet Sullivan, in
Washington, D.C., on Tues. Sept. 10, 2019. (Manuel Balce Ceneta/AP)
Washington Democrats, much of the major media, and other
"Trump haters" have a new hero — the once very highly respected U.S.
District Court Judge Emmet
G. Sullivan in Washington, D.C.
Why is he their hero?
It's not because of his stellar
reputation in the District of Columbia’s legal and judicial
systems; appointments to the bench by President’s Ronald Reagan, George H.W.
Bush and Bill Clinton; being named by former Supreme Court Chief Justices
William H. Rehnquist and current Chief Justice John G. Roberts to prestigious
federal judiciary oversight roles; and, especially not for his criticism of
Hillary Clinton and her use of private e-mails during her tenure as secretary
of state.
Sullivan is their hero because he has put the brakes on
the Department of Justice’s (DOJ) efforts to dismiss the case against former
National Security Adviser Gen. Michael Flynn.
Just when many Trump supporters thought that Flynn’s long
nightmare of political persecution was finally coming to an end, Sullivan not
only refused to agree to DOJ’s request for dismissal, he invited outside
parties to submit
comments on Flynn’s case.
If this were not enough to bring cheers from the
galleries of the Trump hating left and media, he appointed retired federal
judge John
Gleeson to present arguments opposing the DOJ’s request to drop
the charges against Flynn; and, explore whether or not Flynn lied to Sullivan
and should be held in criminal contempt for perjury.
Keep in mind that Gleeson co-authored an editorial in The
Washington Post questioning whether the Justice Department acted honestly in
seeking the dismissal — "The
record reeks of improper political influence."
Such action was unusual to say the least.
Flynn’s attorney, Sidney Powell, said in response that
Sullivan had " . . . on twenty-four (24) previous occasions — summarily
refused to permit any third party to inject themselves or their
views into this case."
Even more to the point, Sullivan’s actions may contravene
a recent U.S. Supreme Court 9-0 opinion, authored by Justice Ruth Bader
Ginsburg,
U.S. v. Sineneng-Smith, that overturned a Ninth Circuit
Court of Appeals decision because outside groups were invited to participate.
So why did Sullivan make an exception in Flynn’s case?
Judges, especially federal judges with lifetime
appointments, have a special fiduciary duty to be beyond repute, above partisan
politics, and obedient to the U.S. Constitution.
The vast majority are.
Conservatives will argue that Sullivan put his judicial
foot on the scales of justice making him an easy target for those accusing him
of politicizing the judicial process.
It could be argued that he may be suffering from
Washington’s "Trump Derangement Syndrome" which infects so much of
the Washington Democratic — and media establishments.
Until Sullivan’s surprising actions, many felt that, in
most cases, at least the D.C federal judiciary was immune to the infection.
If anyone needed any more evidence of Sullivan’s bias,
recall his comments to Flynn in a 2018 sentencing hearing when he actually
questioned the former three star General’s patriotism telling him: “Arguably,
you sold your country out.”
The message was clear — he did not like Gen.
Flynn.
Mark
Levin, former Chief of Staff to U.S. Attorney General Edwin Meese,
called Sullivan a "rogue judge" who was “out of. . . control and
should recuse himself."
There is no doubt that those who file
"comments" against Flynn and the DOJ, including Gleeson, will be the
stars of the hate Trump media and praised by those on the left who consider
Sullivan a hero.
Judge Sullivan may find that his actions, which most
likely will be overturned on appeal, may result in his once good reputation
being irreparably damaged.
Clarence
V. McKee is president of McKee Communications, Inc., a government, political,
and media relations consulting firm in Florida. He held several positions in
the Reagan administration as well as in the Reagan presidential campaigns. He
is a former co-owner of WTVT-TV in Tampa and former president of the Florida
Association of Broadcasters. Read Clarence V. McKee's Reports — More Here.
