George Washington University professor Jonathan Turley warned Wednesday that Judge Emmet Sullivan might be overstepping his bounds.
Sullivan, who is presiding over the case against former national security adviser Michael Flynn, responded to Attorney General William Barr’s call for dismissal by appointing retired Judge John Gleeson to rebut Barr’s argument and potentially find a case against Flynn for perjury. (RELATED: Flynn Judge Appoints Retired Clinton-Appointee To Rebut DOJ’s Call For Dismissal)
The judge in Flynn’s case just appointed a retired judge appointed by Bill Clinton to argue *against* dismissing the corrupt case against Flynn. Note that the motion to dismiss the case is unopposed by all parties to the case.
Emmet G. Sullivan is as corrupt as Comey’s FBI. pic.twitter.com/sZ2X2FF0VP
— Sean Davis (@seanmdav) May 13, 2020
Turley, who recently appeared before Congress as an expert witness in President Donald Trump’s impeachment hearings, voiced his concerns on Twitter. He began by suggesting that the “threat of a judicial charge” alone could have serious implications going forward.
Judge Sullivan has now appointed a retired judge to look into “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.” Thus, the court is not only considering denying an uncontested motion for dismissal but…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…but considering a new charge based on Flynn’s effort to withdraw his plea. Consider the implications for many cases where defendants seek to withdraw pleas due to prosecutorial abuse. It would create a threat of a judicial charge even when prosecutors agree with defendants.
— Jonathan Turley (@JonathanTurley) May 14, 2020
Turley then suggested that Sullivan’s motives could be personal, given the fact that he had spoken about his own feelings with regard to Flynn in the past. (RELATED: Obama Claims ‘No Precedent’ In Flynn Dismissal — There Is, And His Own AG Eric Holder Used It)
Judge Sullivan was previously criticized for suggesting that Flynn could be charged with treason. He is now allowing third parties to make arguments in a criminal case on an unopposed motion. In addition, he is exploring a charge that he might be able to bring against Flynn…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…These extraordinary moves by the court are increasingly discomforting. This is a single charge where significant jail time was neither warranted nor expected. The Court’s effort to import arguments and explore new charges could be raised on appeal given the prior record…
— Jonathan Turley (@JonathanTurley) May 14, 2020
…there comes a point where the Court appears too invested in the punishment of a defendant and too active in creating alternatives to dismissal. As a criminal defense attorney, I find these moves unnerving, particularly when prosecutorial abuse has been raised by DOJ and others
— Jonathan Turley (@JonathanTurley) May 14, 2020
“There comes a point where the Court appears too invested in the punishment of a defendant and too active in creating alternatives to dismissal,” Turley concluded, calling Sullivan’s pursuit of such punishment “unnerving.”
Turley followed his series of tweets with an article addressing the topic more fully, saying that Sullivan “is moving well outside of the navigational beacons for judicial action and could be committing reversible errors if he denies the unopposed motion or moves forward on this perjury claim.”
Despite my admiration for Judge Sullivan, I believe he is moving well outside of the navigational beacons for judicial action and could be committing reversible errors if he denies the unopposed motion or moves forward on this perjury claim… https://t.co/x15urd4A3G
— Jonathan Turley (@JonathanTurley) May 14, 2020
Gleeson wrote an editorial Monday concerning the Flynn case for the Washington Post, arguing that Barr’s dismissal was unwarranted and politically motivated. Other critics of the move have suggested that Barr was attempting to save President Trump the bad optics of pardoning his friend.
Barr’s request prompted a number of former DOJ employees to call for his dismissal.