I will not repeat those reasons here because, frankly, they are immaterial given the status of the case. Of course, nothing is “regular” about Flynn’s prosecution. For the record, I have been a longtime critic of the Flynn prosecution for various reasons. On Friday, a colleague, Judge Reggie Walton, unexpectedly discussed the merits of the Flynn case in a Freedom of Information Act hearing about releasing documents from special counsel Robert Mueller’s office. Walton held forth on how Sullivan did not have “a lot of options” but could possibly challenge the pardon as “too broad.” That discussion of a pending case before another judge was highly irregular. Even with a presidential intervention, Sullivan kept the case open - but he was not the only judge raising eyebrows over it. Cromwell’s head was put on display and not reburied until 1960. By that measure, Sullivan’s three-year treatment of Flynn seems like a virtual “rocket docket” of justice.Īfter Flynn’s presidential pardon, Sullivan again was reminded that he was clinging to a dead case. Some 360 years ago in England, the body of Oliver Cromwell was exhumed from Westminster Abbey and posthumously chained, thrown into a pit, and then decapitated.
His action in this case has long been controversial and was expressly criticized by appellate judges.
No matter that the case was dead: Judge Sullivan would still render a verdict. In this case, Sullivan publicly condemned Flynn in a long opinion that should have been one sentence in length. After all, a defendant has no appeal or recourse from such a declaration from the bench. Even in live cases, judges refrain from such commentary until sentencing a defendant. When prosecutors drop charges, most judges are careful not to offer their own views on an individual’s guilt or innocence. But principles of judicial restraint seem suspended when dealing with anyone associated with Trump. Such a decision ordinarily would outrage civil libertarians. The judge issued an opinion that seemed intent on clearing his reputation by trashing what reputation remains for Flynn. It did not matter that this case has been effectively dead for months. Yet Sullivan still decided to effectively declare Flynn guilty to the whole world - a final gratuitous act from a court long criticized for using Flynn to criticize President Trump and his administration. Ultimately, it took a presidential pardon to compel Judge Emmet Sullivan to release Flynn from the seemingly inescapable vortex of his docket. Michael Flynn‘s three-year odyssey in the criminal justice system finally came to an end this week with the long-delayed dismissal of his case in federal court.
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