Emmet Sullivan Wiki – Emmet Sullivan Biography
Emmet Sullivan, the federal judge presiding over the Michael Flynn case, issued a controversial order this week allowing friend of court briefs in the case of the former national security advisor.
The move came on May 12 after the U.S. Department of Justice moved to dismiss its case against Flynn, following the recommendation of U.S. Attorney Jeff Jensen. That came after the release of FBI agents’ notes that said things like, “What is our goal — truth, admission or to get him to lie so we can prosecute him or get him fired?” The DOJ found that statements Flynn made to investigators weren’t material to a justified investigation. The order signaled that the judge won’t immediately rule on whether to dismiss the criminal case against Flynn.
Who is Judge Emmet Sullivan?
Judge Emmet G. Sullivan was born in Washington, D.C., and attended public schools in the District of Columbia until his graduation from McKinley High School in 1964. In 1968, he received a Bachelor of Arts Degree in Political Science from Howard University and, in 1971, a Juris Doctor Degree from the Howard University School of Law. Upon graduation from law school, Judge Sullivan was the recipient of a Reginald Heber Smith Fellowship.
What is Sullivan’s Order?
Flynn Update –
Looks like Judge Sullivan will allow for public comment.
Judge Sullivan a minute order anticipating that “individuals and organizations” will seek leave to file briefs “for the benefit of the Court.”
A briefing scheduling order will follow. pic.twitter.com/7Ot9T8SgzH
— Techno Fog (@Techno_Fog) May 12, 2020
Sullivan’s order was immediately critiqued. Supporters of Flynn derided it. The briefs are technically called “amicus curiae,” and they allow outside parties to legally weigh in.
Sean Davis, a conservative with the Federalist, wrote on Twitter, “Judge Emmet G. Sullivan just signaled he’s not interested in the law, due process, equal rights, or justice. He already called Flynn a traitor in open court, and now he’s going to invite left-wing lawyers write his final order against Flynn for him.”
Sidney Powell, Flynn’s attorney, wrote: “The proposed amicus brief has no place in this Court. No further delay should be tolerated or any further expense caused to him and his defense.”
Neal Katyal and Joshua Geltzer, two Georgetown Law professors critical of the DOJ’s decision on Flynn, wrote an opinion piece in the New York Times on May 8 that noted that the court’s approval is needed to drop a prosecution. They wrote that Judge Sullivan had several options:
During Flynn’s sentencing on December 18, 2018, Sullivan appeared to question whether the charges against the retired Army lieutenant general and President Donald Trump’s first national security adviser went far enough. Sullivan asked prosecutors whether treason had been considered as a charge, to which they replied it had not, and the judge told Flynn, “arguably you sold your country out,” warning him he could send him to jail. Sullivan eventually allowed Flynn to delay the sentencing while he continues to cooperate with the government. A status hearing is now scheduled for March. Sentencing guidelines call for Flynn to receive from zero to six months in prison for lying to the FBI, and prosecutors agreed with the recommendation from Flynn’s attorneys that he serve no time behind bars.
Sullivan chastised Flynn one day after two of Flynn’s former business associates were indicted on federal charges accusing them of conspiring to cover up lobbying work they did for Turkey while working with Flynn’s company. Flynn was not charged in that case and cooperated with the government in relation to that investigation as part of his plea deal.
“All along, you were an unregistered agent of a foreign country while serving as the national security advisor to the president of the United States,” Sullivan told Flynn, according to CNBC. “That undermines everything this flag over here stands for. … Arguably you sold your country out. I cannot assure you that if you proceed today, you will not receive a sentence of incarceration. This is a very serious offense. … A high ranking senior official of the government making false statements to the Federal Bureau of Investigation while in the White House. … Very serious crime. … I’m not hiding my disgust, my disdain.”
“If you want to postpone this, and come back at some later point … that’s fine with me,” Sullivan told Flynn, according to CNBC. “I have to caution you that the sentence imposed today may not be the same sentence you would get after cooperation ends. … The court likes to be in a position to say there is nothing else this defendant can to do help the United States of America.” Sullivan told lawyers from both sides that he has “many, many, many, more questions,” about the case.
However, Sullivan later clarified his comments: “I wasn’t suggesting he was committing treason. I was just curious if he could have been charged. Lots of conspiracy theories out there. Not taking any uncalled offenses into consideration. Was trying to consider benefit. I’m not suggesting treason.”