Judge Sullivan: A Prosecutor in Robes, via @AlanDersh gatestoneinstitute.org/16025/judge-em…
In the @GenFlynn case, the prosecution and defense both agree that the case should be dropped. Because there is no longer any controversy between the parties to be resolved, there is no longer any case properly before the judge.
His only job is to enter an order vacating the guilty plea and dismissing the case with prejudice.
Under our constitutional system of separation of powers, the new prosecutor has no standing.... the separation of powers.... allocates the power to prosecute to the executive, not judicial, branch.
It makes no constitutional difference that Flynn pleaded guilty — EVEN if his plea was voluntary, which is questionable in light of the threats against his son.
The Justice Department has the constitutional authority to dismiss a prosecution that it has brought at any time and for any reason, without being second-guessed by the judicial branch.
Judge Sullivan is endangering our system of separation of powers and he should be stopped by a writ of mandamus or a motion to recuse. Judges, too, are not above the law or the Constitution.
#Obamagate #Flynndication
#Obamagate #Flynndication
