In the Flynn case, Sullivan’s last sally

The outrage perpetrated on General Michael Flynn should live in infamy along with the Dreyfus affair. The Flynn outrage revealed the rotten core of the Obama administration and the multidimensional corruption of our most trusted institutions. It awaits its own Émile Zola, but Margot Cleveland recently took on the mantle in the excellent Federalist column “Trump’s Michael Flynn Pardon Is Only The Beginning Of The Justice This Nation Deserves.”

Among those who have earned a share of the infamy in this case are Barack Obama, Joe Biden and Susan Rice, the rotten James Comey and his rotten FBI underlings, John Brennan, Robert Mueller and everyone who had a hand in the case on his team and, last but not least, Judge Emmet Sullivan.

Long after the Department of Justice moved to dismiss the case against Flynn, months after the D.C. Circuit Court of Appeals remanded it to him on the understanding it would discharge his duties in the case with due dispatch, and two weeks after President Trump pardoned Flynn, Judge Sullivan has now dismissed the case against Flynn as moot.

Sullivan’s determination that the case was moot should have ended the matter, but something is seriously wrong with Judge Sullivan. His appointment of an amicus curiae to press the case for pursuing Flynn over the motion of the Department of Justice should have been a clue. Sitting en banc, however, the D.C. Circuit court of Appeals pretended that nothing was amiss. (Judges Henderson and Rao got it right in their dissents.)

According tot he D.C. Circuit, all was well. There was no reason to take the case from Judge Sullivan’s hands and order him to do what the applicable law required him to do.

On remand Judge Sullivan continued to sit on his hands and dream of the possibility of a renewed prosecution of Flynn, perhaps by a prospective Biden administration. Biden, after all, had mulled over Flynn’s possible culpability for violation of the Logan Act in the waning days of the Obama administration. It was a stupid idea to the extent that it was proposed in good faith, and Biden’s mental acuity hasn’t improved since January 2017, when Biden played his part in the infamous OvaL Office meeting with Comey to discuss the investigation of Flynn.

Based on President Trump’s pardon, Judge Sullivan has denied the government’s motion to dismiss the case against Flynn as moot and dismissed the case as moot — but not without rendering a 43-page memorandum on the merits of the case that is a nullity beyond the determination of mootness.

Judge Sullivan wants it to be known that the pardon does not render Flynn “innocent.” Judge Sullivan at last takes up the government’s motion to dismiss the case against Flynn. He finds it “a close question” (memorandum opinion at 38).

As I say, something is wrong with Judge Sullivan. He is not fit for the high office he holds. Looking back, that judgment applies as well to every official who had a hand in the case against Flynn including Barack Obama and Joe Biden.

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