"Either way, the department is arguing that Judge Sullivan has little choice but to drop the case. A 2016 opinion by the Court of Appeals for the District of Columbia Circuit, which oversee his district, said that the judiciary 'generally lacks authority to second-guess' executive branch decisions about whether to charge or drop a case."
See also UNITED STATES OF AMERICA, v. FOKKER SERVICES B.V., APPELLANT (No. 15-3016, 15-3017): Judge Sri Srinivasa: "The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive’s charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences."
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Prosecutors across the country are disgracing themselves — the very scenario that the jurist Robert Jackson warned us about 70 years ago.
And the judiciary branch appears determined to join the corruption.
Waycross (Georgia) District Attorney George E. Barnhill covered for three racist killers to achieve his plan to protect white supremacists.
This corrupt intent is autocracy. Writes Jay Bookman in the Wisconsin Examiner:
That willingness of the justice system to give safe harbor to the [Georgia killers] McMichaels sends a message to everybody in that community, but particularly to those in the minority.
It says the 'justice system' is not about justice, it’s about control.
Calumet County (Wisconsin) District Attorney Ken Kratz, a sex offender and fabulist, perpetrated a fraud on juries to convict two innocent men, before Kratz was driven from office. Kratz claimed narcissistic personality disorder, drugs and sexual addiction made him do it.
Iron County (Wisconsin) Martin Lipske persecuted the innocent and protected the favored guilty before leaving office under a cloud as reputed probes poked around this beautiful but notorious region in northern Wisconsin.
An innocent Penny Brummer was targeted by bumbling police, maliciously prosecuted and wrongfully convicted of murder because she is an out lesbian.
Crooked prosecutors populate our country, most commonly targeting black and brown folks, but most anyone will do.
Dominating the headlines now is Gen Michael Flynn and the determination of a federal judge to dodge the prosecution in his scheme to both privatize and appropriate the United States Department of Justice (DoJ).
U.S. District Judge Emmet G. Sullivan wants to do the job of the DoJ after the government dismissed its case against Flynn.
Instead of dismissing the case against Flynn, Sullivan rules he wants to hear what third parties have to say, no matter the position of the prosecution and defense, both of which want the case dropped.
Why doesn't Sullivan just put the case to a popular vote in his next ruling?
The United State Dept of Justice has exercised prosecutorial discretion and dropped a criminal case rife with misconduct and redolent of a political prosecution.
Holy shi!t! Judge Sullivan just told Project Democracy and Adam Schiff to submit briefing because Barr can't be trusted. https://t.co/11NXCjyteZ— Margot Cleveland (@ProfMJCleveland) May 12, 2020
And Sullivan wants Flynn every bit as badly as the DoJ did before the Attorney General and a U.S. Attorney put a stop to this malicious prosecution.#FLYNN defense cites AG Holder, and Judge Sullivan track record “..proposed amicus brief has no place in this Court.. It is no accident that amicus briefs are excluded in criminal cases.. this Court, on 24 specific occasions has rejected all prior attempts..to intervene” @CBSNews pic.twitter.com/XqT2fKZWTp— Catherine Herridge (@CBS_Herridge) May 13, 2020
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