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James Boasberg and Tanya Chutkan are worthy contenders for anybody’s list of worst judges in America. So is federal judge Emmet Sullivan, a 1991 appointee of George H.W. Bush to the District of Columbia Court of Appeals. In 1994, President Bill Clinton appointed Sullivan United States District Judge for the District of Columbia. In due course he would encounter Gen. Michael A. Flynn, President Trump’s pick for national security advisor.
As a veteran of the Defense Intelligence Agency, Flynn knew what had gone down in Libya and other places under Hillary Clinton and the composite character David Garrow described in Rising Star: The Making of Barack Obama. His deep-state squad “unmasked” Flynn, exposing the general to surveillance, and FBI boss James Comey sent agents to set a perjury trap. That led to charges of lying to the FBI, which is not the same as perjury.
The establishment media presumed Flynn guilty and the case wound up in Sullivan’s court. As it emerged, the FBI agents weren’t sure whether their task was to get Flynn fired or trick him into a lie. When that and other misconduct finally came to light, the Department of Justice dropped the case against Gen. Flynn. Judge Sullivan opposed the dismissal and appointed former federal judge John Gleeson, a 1994 Bill Clinton pick, to argue that the DOJ decision to drop the case was improper.
The former Clinton judge accused the Justice Department of a “corrupt, politically motivated dismissal” that constituted a “gross abuse of prosecutorial power.” Gleeson threatened to have Flynn prosecuted for criminal contempt on the theory that, if he was now claiming innocence, he must have committed perjury when he pled guilty. Flynn’s attorney Sidney Powell appealed and a three-judge panel agreed with Flynn. The U.S. Court of Appeals for the D.C. Circuit rejected Flynn’s petition for dismissal and voted 8-2 to send the case back to judge Sullivan.
Flynn’s attorneys then filed documents with the court showing that FBI agents knew the case was bogus. As one wrote, “if this thing ever gets FOIA’d, there are going to be some tough questions asked.” Flynn’s attorneys again requested a dismissal, which was not granted. Judge Sullivan was not disqualified and did not recuse himself. The Clinton judge duly pushed the case past the November election but before he could issue a ruling President Trump granted Flynn a full pardon. Like Chutkan and Boasberg, Sullivan then pivoted to the January 6 defendants.
As the intrepid Julie Kelly explained, January 6 defendant Robert Geiswein was indicted by a federal grand jury a week after his arrest and “has been behind bars ever since, denied bail while judge Emmet Sullivan delayed his trial on numerous occasions.” If Sullivan, Boasberg and Chutkan continue to escape accountability, the injustice will continue.