This is so far outside the bounds of traditional judicial activity it
is unprecedented. In the case against Michael Flynn the court
appointed amicus curiae, essentially a court appointed outside lawyer
enlisted to prosecute the case despite the DOJ withdrawal motion, John
Gleeson has now
filed a motion requesting: (1) a briefing schedule, (2) oral arguments; and (3) the possibility of interviewing witnesses.
Within Mr. Gleeson’s motion (
link here)
he will file his amicus brief on June 10th, and asks Judge Sullivan to
set up a briefing schedule and allow him to make oral arguments.
Why
would John Gleeson get the chance for a hearing to make an oral
argument within the court, yet Flynn’s defense team couldn’t get a
hearing scheduled on his original motion to withdraw his plea? This is
ridiculous.
In the traditional sense, to the extent that traditional applications
can be considered in this bizarre situation, the amicus would present a
written briefing to the court for the judge to consider; and that’s
it. However, Mr. Gleeson appears to be requesting his amicus status to
be elevated to the position of intervening authority where he replaces
the prosecution.
A request for a briefing schedule? The only purpose of Judge
Sullivan allowing a briefing schedule would be to drag this case out as
long as possible. Perhaps that is the goal; we shall see in his
decision on this ridiculous request.
“Any additional factual development” would seem to imply Mr. Gleeson
is planning to spend time investigating facts that are not currently
before the court; including the possibility of Mr. Gleeson interviewing
witnesses.
If Judge Emett Sullivan grants anything even close to the requests
within this motion he will be operating so far outside of judicial
boundaries an appellate court must intervene.
Seriously, this is Lawfare madness in the extreme.
Source: https://theconservativetreehouse.com
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Judge Emmet Sullivan
