The government filed a “writ of mandamus” with the D.C. But when the parties went before a federal district court judge to formalize the arrangement and a waiver of the Speedy Trial Act, the presiding judge refused to accept the waiver-which in essence doomed the agreement-because he believed the agreement was too lenient on the business owners. The government and defendant entered a deferred prosecution agreement, under which the government would dismiss the charges in exchange for Fokker Services agreeing to several compliance provisions. In that case, the government had criminally charged Fokker Services with violations of export control laws. Fokker-made clear Sullivan’s order was lawless. In fact, the very case Judge Sullivan cited for the proposition that he had the inherent authority to appoint an amicus curiae- United States v. Constitution makes clear that the judiciary has no business second-guessing prosecutorial decisions. This order was jaw-dropping for two reasons. What was surprising-no, unbelievable-is what Judge Sullivan did on Wednesday: He entered an order “appoint The Honorable John Gleeson (Ret.) as amicus curiae to present arguments in opposition to the government’s Motion to Dismiss.” That a group of left-leaning lawyers intended to relitigate Obamagate via the Flynn case wasn’t surprising. Soon after Judge Sullivan announced he would accept amicus briefs, a group of lawyers operating under the moniker Watergate Prosecutors filed a notice of its intent to file an amicus brief. attorney, Jeff Jensen, and detailed the government’s position that even if Flynn had made false statements to FBI agents about his conversations with the Russian ambassador, as a matter of law there was no crime because the false statements were not “material” to a legitimate investigation. The government’s motion to dismiss highlighted new evidence uncovered by an outside U.S. Flynn, who more than a year ago pleaded guilty to making false statements to the FBI, was seeking to withdraw his guilty plea when the Department of Justice filed a motion to dismiss the criminal charge against Flynn. On Tuesday, Judge Sullivan shocked court watchers when he entered an order stating that, “at the appropriate time,” he intended to enter a scheduling order permitting “amicus curiae” or friend of the court briefs to be filed in Flynn case. Circuit Court ordering the criminal charge against Flynn dismissed and reassigning the case to another judge. To preserve the rule of law and our constitutional separation of powers, the Department of Justice has no choice now but to seek a writ of mandamus from the D.C. On May 13, Judge Emmet Sullivan issued a blatantly biased and unconstitutional order in the long-lasting Michael Flynn criminal case.
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