General Flynn’s torment appeared to be finally coming to a close. Admittedly, the kind ordeal he went through isn’t something you shake off. Four years of his life constantly fighting his own government. Four years without sleep. Four years wondering if he was going to have to take a Blackmail plea bargain to protect his son. Four years wondering if the president would pardon him if he had to go to prison.
The DOJ at long last declared what everyone knew to be the truth. The FBI had railroaded an innocent man. And moved for dismissal.
And then Judge Emmet Sullivan decided to launch a private prosecution of the defendant. Bringing in a Friend of the Court to argue that Flynn should be imprisoned even after the prosecution said, he shouldn’t be.
The question that is on everyone’s mind (to include the Court of Appeals), is why?
Why, is he doing something this far out in Left Field?
The answer appears to be that Judge Sullivan is allegedly an idiot. He got his job, exactly how you think he got it, despite not being mentally qualified to hold the position. If true, he’s certainly not the first idiot judge. What makes Sullivan worrying, is what he portends for the future.
A lawyer I’m acquainted with claims that there is nothing a defense attorney loves more than an idiot judge. “A guy like that is completely dependent on his clerks. So you just force him to make a lot of decisions on the spot.” After the judge racks up enough mistakes it’s easy to get an appeal. The idiot judge will know that and also know what the defense attorney is up to. He doesn’t want to look bad before the appeals court, so he will usually be willing to plea bargain down to a wrist-slap for just about anything short of first-degree murder.
And that isn’t the worrying part of the Flynn case.
The scary part is what has happened to the clerks. The view among the legal beavers is that Judge Sullivan has one of the “new breed,” as his law clerks. If true, this is a situation where the kindly old lord of manor is completely dependent upon his servants and they don’t have his best interests at heart.
The “new breed” are SJWs. They don’t care about the law, they care deeply about desired-endstates. They want the law to be whatever progressivism needs it to be on whatever case it’s being applied to.
If this is the case, then it is no surprise that the day after Obama had snarled that General Flynn had committed perjury by changing his (coerced) plea from guilty to not guilty, Judge Flynn was suddenly trying to build his own case for that very charge. Because his clerks would have talked him into it.
The rest of the story you know. Flynn’s lawyers finally threw up their hands and requested that Sullivan be removed. The Court of Appeals, apparently to Judge Sullivan’s horror ordered him to explain his actions. From what I understand, just the way the Appeals Court phrased it, indicated that Judge Sullivan is under threat of disciplinary action.
Sullivan hired a high priced lawyer, at taxpayer expense, (teeth grind) to make his reply for him. A lot of people were wondering why but if the rumors of his lack of intellect are true then the answer is obvious. He dimly remembered something from law school about “the man who acts as his own attorney has a fool for a client.”
The odds are good that the Flynn case will shortly be dismissed. Although, the process was clearly the punishment. He’d be nuts if he didn’t retire from public life after this ordeal.
But getting back to my original point. The most troubling aspect of this case is the fact that the “New Breed” is already working its way up the judicial ladder. This is going to be a species of activist judiciary unlike anything we have ever seen before. There is doubt at all that they will try to govern the country from the bench. Because it won’t cross their minds for an instant that we will cast off the Rule of Law, when the laws only function is to oppress us.
Okay, I’m done here.