Judge Emmet Sullivan has delayed ruling on the Justice Department’s motion to dismiss the case against Gen. Michael Flynn – and appointed an anti-Trump third-party to advise him on why he should deny the motion – in order to force Pres. Donald Trump to pardon Flynn, former Whitewater Deputy Independent Counsel Sol Wisenberg said Wednesday.
On “The Ingraham Angle,” Host Laura Ingraham asked Wisenberg about Judge Sullivan’s “de facto outsourcing of the prosecution to a partisan legal analyst who want Mr. Flynn to hang because he worked for President Trump” – noting that Sullivan’s appointee, former federal Judge John Gleason, had even written a recent Washington Post Op-Ed saying that Sullivan has the power to just go ahead and sentence Flynn, anyway:
“If the prosecution and defense both want to drop a case, can a federal judge review and sentence the defendant anyway? The easy call should be no, which makes all the more bizarre Federal Judge Emmet Sullivan's decision Tuesday to invite outside briefs in the Michael Flynn case, which amounts to the de facto outsourcing of the prosecution to a partisan legal analyst who want Mr. Flynn to hang because he worked for president trump. Sol, where are we here?”
Wisenberg replied that Sullivan’s move is just one more sign of the contempt he’s publicly displayed toward Flynn.
“Judge Sullivan is trying, basically, to force Donald Trump to issue a pardon,” Wisenberg said:
“Here is what's going on here. I believe Judge Sullivan is trying, basically, to force Donald Trump to issue a pardon if he wants Mike Flynn to go free - and that's not right. Bill Barr has given his reason for why the case should be dismissed. He's the executive branch, he represents the executive branch in the courts and he is allowed to do that.”
Wisenberg also said that Gleason is wrong about Judge Sullivan having the power to refuse the Justice Department’s motion to dismiss the case, because “binding circuit court law” says Sullivan cannot second-guess the basis for the government’s decision:
“Aside from everything else, he's wrong. That's very misleading. In fact, under the D.C. Circuit, binding circuit law, the case has the ungainly name Fokker -- under the Fokker case which just came out two years ago, the D.C. Circuit which you cannot refute -- if the government wants to dismiss a case, the district court not refuse to do so because he doesn't like the government's theory, because he thinks the government should continue the case. And it doesn't matter if the defendant has pled or not. The law is clear and former Judge Gleason in his Op-Ed made it seem like it's all up to the judge now and it isn't. The judge has a ministerial function.”
Wisenberg and Ingraham also noted the blatant animus Sullivan exhibited toward Flynn during the sentencing hearing, when the judge made additional accusations against Flynn he hadn’t been charged with and refused requests by both the prosecution and defense asking for no jail time.