The Constitution Requires Judge Emmet Sullivan’s Lawless Amicus Order Against Michael Flynn Be Overturned

The U.S. Constitution makes clear that the judiciary has no business second-guessing prosecutorial decisions. That’s what Michael Flynn judge Emmet Sullivan decided to do.

On May 13, Judge Emmet Sullivan issued a blatantly biased and unconstitutional order in the long-lasting Michael Flynn criminal case. 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. Circuit Court ordering the criminal charge against Flynn dismissed and reassigning the case to another judge.

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. 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.

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