Mark Levin: Here’s What DOJ Must Do to Force Judge Sullivan to Grant Its Motion to Dismiss Flynn Case

By Craig Bannister | May 15, 2020 | 10:42am EDT
Mark Levin

The prosecution and treatment of Gen. Michael Flynn was a “clear violation of the purpose, the intent of the Bill of Rights and the Fourth Amendment,” yet a “rogue judge” is preventing the Justice Department from dropping the case against him, Constitutional scholar and conservative pundit Mark Levin says.

“You ought to take a wing at Leavenworth and put all these guys in there, what they did to this country, the rule of law, the Constitution – and now our courts with this judge, Emmet Sullivan,” Levin said Thursday at the opening of his appearance on Fox News Channel’s “Hannity.”

“This judge is a rogue judge. He’s out of control; he should recuse himself – but, he is too damn arrogant and he won't - so, let me make a suggestion to the folks over there at the Department of Justice,” Levin said: “It’s called a Writ of Prohibition.”

Judge Sullivan is refusing to grant the Justice Department’s motion to dismiss case against President Donald Trump’s former National Security Adviser so he can invite outside parties to advise him on how to justify denying the motion – and to suggest additional charges that can be pressed against Flynn.

Levin noted that, just last week, a unanimous 9-0 Supreme Court decision written by Ruth Bader Ginsburg ruled that a judge can’t use friend of the court briefs (as Judge Sullivan is doing) to change the nature and position of a case in order to force the parties to fight over “not what the parties were fighting over – but, what the court wanted them to fight over.”

It is obvious that Judge Sullivan is acting out of a hatred for Pres. Trump and a love for the Obama Administration, and “it’s an absolute disgrace,” Levin said:

“What’s happened here: we have an imperfect human being, he’s of flesh and blood and he obviously hates Trump and he honestly loves the Obama administration, because that is what is going on here.

“This is the Obama administration against the incoming Trump administration, the Trump candidacy and the Trump presidency. It's an absolute disgrace.”

But, if Judge Sullivan won’t recuse himself despite his bias, what can be done? Levin offered a solution: the Justice Department should file a Writ of Prohibition preventing Sullivan from going outside his jurisdiction in an effort to act as both judge and prosecutor:

“So, this judge is a rogue judge. He’s out of control; he should recuse himself – but, he’s too damn arrogant and he won't.

“So, let me make a suggestion to the folks over there at the Department of Justice. They've got a lot of smart attorneys in the office of legal counsel and elsewhere. I used to work at that grand Department of justice before the Left destroyed.

“It's called a Writ of Prohibition. It's almost never used, because we almost never have situations like this, and you file it with the appellate court, the D.C. Circuit court: an appellate court’s order to a lower court prohibiting it from acting, because it lacks jurisdiction.

“This judge lacks jurisdiction to do what he is doing - according to the United States Supreme Court last week, according to the United States Constitution.

“And, if he wants to be an Obama flunky and a Never Trumper, then take your black robe off, judge, leave the courtroom and join the rest of us.

“But, if you are not going to conduct yourself like a serious judge, you either recuse yourself, resign, or the Department has to go over his head to the D.C. Circuit and get him the hell off this case. That’s it.”

MRC Store