Woke Federal Judge Sullivan Uses Lifeline To Save Toxic Flynn Prosecution

I. ENTER JOHN GLEESON, STAGE LEFT Judge Sullivan asks Gleeson for Ruling When the Justice Dept.  informed Fed Judge Emmet Sullivan of Gen Flynn's case prosecutorial abuse, ordering dismissal, Sullivan flipped the script, claiming DOJ had no absolute right to dismiss. Instead, Sullivan invited retired Fed .Judge John Gleeson (who had just excoriated DOJ over Flynn's dismissal by op-ed) to rule on Flynn). So Gleeson filed an amicus brief employing sophistry and anti-Trump outrage, calling Flynn's dismissal, "Preposterous," "Corrupt," and a "Gross abuse of power." And yet neither Gleeson, nor Sullivan seem bothered by the case's 900 pound gorilla – Federal misconduct. 

Mueller's Flynn Case Can't Die The real issue? The Left can't bless Flynn's dismissal, for if he was railroaded at the start of the Russia hoax, then the entire "collusion" was contrived. Further, Sullivan knew of the Flynn problems and looked the other way to help the left. Gleeson is described as a Clark Kent of law with "Unimpeachable Character," Echos of tainted hoax-lord Bob Mueller, anyone?. Leftists Claim Intellectual/ Moral Superiority These dodgy maneuvers highlight the most bombastic claims of leftism. Liberals claim intellectual and moral superiority over any opposition. The clear implication here is Trump, AG Barr and department are ethically obtuse, unable to grasp the monstrous illegality in freeing Flynn, or too dumb to know.

II. DUE PROCESS

Trump's Friends Get No Due Process Gleeson claims the DOJ acted corruptly protecting Trump's friend and employee, Gen. Flynn, stating: "the instant the Executive Branch filed a criminal charge against Flynn, it forfeited the right to implicate this Court in the dismissal of that charge simply because Flynn is a friend and political ally of the President." Is it true Flynn gave up the right to protest abuse or error when he took a plea from Trump's legal system? Does that even make sense? Wow. In an interview, Judge Gleeson speaks of the need for "Milk of Human Kindness," in sentencing. But where is his empathy now? Or did Flynn simply commit the mortal sin of being Trump's ally?

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Government Can't be Criticized While State Can't Prove Case So Gleeson believes if the state lies to Gen.  Flynn, it's immaterial. What matters is whether Flynn lied to the state. And if he did, he must be punished, period. More problematic for Gleeson, is evidence tampering. So could the Feds prove their case in a regular trial? Probably not. Most shocking is neither Gleeson nor Sullivan have a problem with this.

III. DUE PROCESS REMEDY

Due Process Supersedes A colossal problem for Gleeson and Sullivan is Flynn was not afforded Due Process from the very beginning. A desire to punish Trump's "friend" Flynn doesn't excuse the state from not informing him he was under investigation, could stay silent, leave, or get an attorney, and needed a Miranda warning.  In fact, had Flynn known he was a subject of investigation as were his rights, he would have never been prosecuted because the entire FBI casual conversation was a setup to entrap Flynn, which no attorney would allow. Yet, it's sad Gleeson drags Trump into his argument. Is being friends with Trump a sin? Guilt "Already Adjudicated" Further, when Gleeson states Flynn's guilt was already "adjudicated", he's confusing a positive law understanding for the proper remedy—a natural law analysis taking into account all elements of the case. So Gleeson either doesn't understand the importance of the Natural Law/ Due Process clause in assessing the case, or more likely, he's pretending it doesn't matter since "its already been adjudicated."  Yet, if all cases had this standard, where the only thing that mattered was having "already been adjudicated," you could close down all courts of appeal.

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Fruit of Poison Tree The main problem here is that Flynn's supposed lies don't cure earlier FBI wrongdoing. This is what's known as the Fruit of the Poisonous Tree. Generally, information gained illegally by police can't be used for prosecution. This applies for Flynn because the FBI never told him he was under investigation  and so can challenge so-called "lies." Flynn claims during a casual FBI conversation he was going off memory without preparation and couldn't recall everything he said to Russian Kislyak – so he had no intent to deceive.   

IV. WOKE JUDGES = POLITICIZED CHAOS

Sullivan's Deus Ex Machina Of course, the real purpose of Gleeson's entry is to act as a deus ex machina (a tool used by ancient playwrights to solve storyline problems). Instead of stating his own opinion, Sullivan has Gleeson do so, since he already outlined this in an op-ed. So Sullivan takes the scrutiny off himself while preserving his position. Yet he knows his position lacks, explaining hiring his own lawyer for the case.  Gleeson Leftism Sullivan is apparently a leftist and Gleeson is also a man of the Left, appointed by Bill Clinton. According to Powerline, retired Gleeson was: 

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A left-wing judge whose attitude towards crime depends on the identity of the alleged criminal. He favored leniency for street criminals but, favors toughness for political enemies… Also, Gleeson has no appreciation of the distinction between judge and advocate. Thus he was always the perfect candidate to advise Judge Sullivan, who clearly wants to advocate in the Flynn case. 

Gleeson actually secretly advocated for defendants as a judge! He's in the  "Marshall Project," meant to "create and sustain a sense of national urgency about the U.S. criminal justice system."

CONCLUSION

Ultimately, as a good leftist, Gleeson answers to another authority, but not Natural Law. It's built from the tears and aspirations of Social Justice. If both Sullivan and Gleeson trample upon the rules and spirit of American jurisprudence, that's okay. The methods of socialism are antinomian, or lawless. These judges take comfort knowing, even risking exposure, they serve a higher order they know is the only salvation and heaven this world will ever offer: global Marxism.