Come on, Judge Sullivan; at this point, you’re just embarrassing yourself.

I say this because at the time of this writing, late Wednesday night, Emmet Sullivan, the presiding judge in the Michael Flynn case, still has not complied with the federal appeals court that ordered him to drop the case. What he did was issue a “stay of the current settings” for a hearing already on the calendar and for any further briefings.

The vote was 2-1 from a 3-judge panel of the D.C. Circuit Court of Appeals. I’m not a lawyer, but it seemed to me that even the judge who dissented was doing it based on the timing of their intervention, not the merits of the case itself. But that’s not enough for Judge Sullivan, who, in defying Attorney General Barr’s decision to drop the case, has shown himself to be the very incarnation of Captain Ahab, determined to harpoon the Great White Trump if it sinks him.

(Aside: to show how apt this imagery is for describing TDS, I’ve included this quote from Melville’s MOBY DICK: “...all evil, to crazy Ahab, were visibly personified, and made practically assailable, in Moby Dick. He piled upon the whale’s white hump the sum of all the general rage and hate felt by his whole race from Adam down; and then, as if his chest had been a mortar, he he burst his hot heart’s shell upon it.”)

Anyway, Barr –- who is, after all, the prosecutor –- wants to dismiss the case. The D.C. panel wants to dismiss it. Lord knows Flynn and attorney Sidney Powell want to dismiss it. One would think even the original prosecutors would want the case dismissed, as Powell has amassed a mountain of evidence of their misconduct big enough to send THEM to the hoosgow. It seems the only one still involved who doesn’t want to drop it is Judge Sullivan, and the appeals judges have essentially kicked the ball back to his court. He doesn’t get to exercise his own discretion on whether or not to drop it, but he may choose to continue to stretch this out and have the matter re-heard by the full appeals court.

Former deputy Assistant AG John Yoo, speaking Wednesday with Shannon Bream, pointed out that issuing this writ of mandamus to Judge Sullivan’s court was “an extraordinary step on the part of the D.C. Circuit Court." They’re rare, and apply when a judge has abused power. He said Sullivan could indeed appeal to the full panel of 13 or even to the Supreme Court, but “that would just be prolonging his own mistake.”

We’ve been following the case against Flynn from the start, and it has recently been blown wide open with revelations from FBI interview notes, texts and other declassified documents that it was a trap set for him early on. As the incoming national security adviser, Flynn did nothing wrong in speaking with the Russian ambassador, and he never tried to be less than forthcoming in his interview with agents Strzok and Pientka. It’s clear now that Flynn was railroaded, but the judge is on a mission to take him down just for pleading guilty --- never mind that his plea was coerced and that Powell has the goods on what they were trying to do.

Just this Tuesday, the Justice Department informed Sullivan that it had just found another page of Strzok’s notes that are exculpatory for Flynn. Strzok was the lead investigator on “Crossfire Hurricane,” which encompassed Trump and Russia and also “Crossfire Razor,” the case against Flynn.

At the time of that report, the notes were subject to a protective order, but they've now been released with some redactions. Here is Solomon's updated story, which makes additional points about the case.

A former senior FBI official told Solomon that Strzok’s notes about the Oval Office meeting are a “red flag” that the Bureau, under Comey, “may have been involving itself illegitimately in a political dispute between the outgoing Obama administration and the incoming Trump administration.” Ya think?

The notes were said in Powell’s brief to have been taken January 4, 2017, the day Strzok relayed a request from “the 7th floor” to the lead investigator in the case telling him to keep it open, but that appears to be wrong, as they refer to events that happened on the 5th. The DOJ has said they were taken between January 3-5, which would have included the Oval Office meeting. But Strzok wasn’t at that meeting, so he was probably writing down someone else’s account of it.

Still, with stunning evidence like this on Flynn’s side, it’s quite a spectacle to watch Judge Sullivan trying so hard to keep the case going. Curiously, Sullivan seems as desperate to keep it open now, against all odds, as Strzok was in early January 2017. And we know that there were others back then who were just as keen on it, including both Obama and Biden. We know this because they attended a now-infamous Oval Office meeting January 5 to talk about this. And, yes, there are notes.

In her court filing, Powell referred to these: “...Former President Obama, James Comey, Sally Yates, Joe Biden, and apparently Susan Rice [James Clapper also attended] discussed the transcripts of Flynn’s calls and how to proceed against him. Mr. Obama himself directed that “the right people” investigate Gen. Flynn. This caused former FBI Director Comey to acknowledge the obvious: General Flynn’s phone calls with Ambassador Kislyak ‘appear legit.’”

Of course, we already knew from Sally Yates’ testimony that she was surprised to learn Obama already knew in detail about Flynn's recorded conversations. And we’ve long known from a Lisa Page text that Obama “wants to know everything we’re doing.”

Funny that in Strzok’s notes there is nothing about Obama saying to do everything “by the book.” Susan Rice wrote that to herself –- repeating the phrase three times –- a couple of weeks later in her very last act as a White House official, on January 20 just as Trump was taking the oath of office.

Biden is playing dumb about the Flynn investigation –- one of the few instances where it appears to be just an act. Either that, or he only mentioned the Logan Act in that meeting because he was the one person in the room old enough to remember the day it passed, in 1799.

Speaking of people playing dumb, on Wednesday ABC, CBS and NBC slammed the decision by Barr to drop the Flynn case as purely political and pretended to know nothing about the release of the notes implicating Obama and Biden.

Powell, looking understandably weary at the end of the evening on Sean Hannity’s TV show, said she wasn’t sure what’s going on right now. When Sean asked if she was confident justice would be done, she only said, “I feel very strongly that we will make a lot of progress in that direction...and I don’t know that it will be what everybody wants to see as full justice, but we’re heading in the right direction. Today was a big step forward.”

Flynn, though, seemed newly energized on Wednesday and made it clear he intends to fight for justice and the rule of law.

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Comments 1-25 of 72

  • Robert Camp

    06/26/2020 12:31 PM

    Dear Mike Huckabee, what is the best way to initiate a petition or ballot measure to place on the November ballot, term limits for Senators and Representatives? I am so tired of the antics of Nancy Pelosi, Jerry Nadler, Adam Schiff, Maxine Waters, Chuck Schumer, et al. Is there any remedy to remove these career politicians from office? They have been in office longer than I have been able to vote.
    Regards, Robert Camp

  • Linda Olds

    06/26/2020 03:16 AM

    I don't know which of your commenters are right about why Judge Sullivan is acting as he is. I just hope that he finally allows the Flynn case to be dismissed.

    About Facebook, they need to be stopped. I have had posts removed in the past year that have no violence even implied. One was a mild joke about Elizabeth Warren. Another was not even political; it was a scene from a Beatles movie. Others I don't remember, but before their removal, they were 'liked' by friends who would not like violence or racism.
    Facebook and other social media mirror the whole country: humor and rational discussion are no longer allowed by the left.

  • Jeffrey Hurley

    06/26/2020 01:49 AM

    Gov. Huckabee, you've nailed it once again! This batch of Democrats in this Congress will go down in history with the likes of Benedict Arnold and Klaus Fuchs. It may not be in our history books because they're trying to rewrite the ones we have now. But it will be recorded somewhere, if only in heaven. And I wouldn't want to be in their eternal shoes!

  • Denei

    06/26/2020 01:07 AM

    What ever Flynn has on him (Sullivan), must be awful good. Can't think of any other reason he would do this.

  • Ronald Alton Brown

    06/25/2020 11:51 PM

    Sounds like Judge Sullivan is “obstructing justice”. Shouldn’t he be charged?

  • Carol Mathews

    06/25/2020 10:31 PM

    With all we have had revealed of the Dem dealings against Pres. Trump, is it not possible that Judge Sullivan is being used to keep this from closing such as; one, keep Flynn from being declared innocent, two, allowing the news to drop so that more bad things the Dems have done will then be exposed? Maybe he is being bribed or someone has something on him or family. He may even be on the payroll . Something is wrong and I don't think it is just that he, himself, is determined to prolong the inevitable or is so mighty in his principles as to hold out.

  • James K Mills

    06/25/2020 08:56 PM

    Dear Governor Huckabee:

    I would be willing to bet that the DNC has given Sullivan his marching orders to keep this story on the hot plate as long as he can just to distract and cause more controversy. Anything to stir the media pot, keep the public distracted and do all they can to mess up President Trump and all his associates, including former associates. What do you think?

  • Carl "T" Smith

    06/25/2020 08:48 PM

    I recall the CHIEF Justice saying there are NO Political Judges, or Clinton or Bush Judges, Just Judges doing their Jobs???? Legislating???

  • Jay H Mohler

    06/25/2020 08:21 PM

    The swamp smells worser and worser every day. Can it ever be cleaned?

  • James Cyrus

    06/25/2020 07:27 PM

    Judge Sullivan, it's time to get the chip off your shoulder, quit playing politics, and free General Flynn

  • Clarice Lutins

    06/25/2020 07:08 PM

    I stand in awe; how Judge Sullivan is hanging on after dismissal. I personally feel Obama/Biden have their fingers in the pie.

  • Jeanne Dukes

    06/25/2020 05:46 PM

    Yeah, I'm embarrassed for him too! He is doing this at the direction of Obama and Lawfare. Gleesen is Lawfare. Flynn knows all about Iran and that's what scares Obama and why they want to keep him tied up with this. The minute I heard the writ was given I said Sullivan will go for En Banc. Wouldn't surprise me one little bit. He wants to make Flynn and company as miserable as possible. They are that hateful. I just keep praying for that man and his family and Sidney too. I also asked God to clean out Sullivan's heart and brain if possible so he can have a do-over and see how great it is to know Jesus.

  • Charlie Hager

    06/25/2020 05:22 PM

    At 87 years old, I never thought I'd see the day!

  • Mary Manley

    06/25/2020 05:01 PM

    They need to investigate Judge Sullivan if there is connect with all the corruptions. and charges on validating the law and oath of judge.

  • Dianna

    06/25/2020 04:57 PM

    These people are getting to be so outrageous that’s it’s scary! Someone needs to do something out these people !

  • JOHN R WITTEMAN

    06/25/2020 03:51 PM

    A typical bumer judge trying to save obummer legancy. which by now is in the deep end of septic tank, or lagoon whichever works

  • Dale Baker

    06/25/2020 03:43 PM

    Is there any way Judge Sullivan can be held in contempt and have another judge set the verdict aside?

  • Patrick Tebo

    06/25/2020 03:31 PM

    Fight on, General Flynn!

  • Jack Bush

    06/25/2020 03:24 PM

    The judge never served in the military. Maybe he would have a different point of view.

  • Gary Willey

    06/25/2020 03:09 PM

    Judge Sullivan should be impeached!

  • Ellen Klapperich

    06/25/2020 02:58 PM

    Power Tripping and Grandstanding...liberals do it best.

  • Sidney Patin

    06/25/2020 02:29 PM

    Emmett Sullivan should be impeached and disbarred. He is obviously letting his political bias interfere with his duty to follow the law.

  • Dave Newbry

    06/25/2020 02:21 PM

    I'm somewhat perplexed that there appears to be no way to remove Sullivan from the bench for his egregious judicial misconduct. Your comparing him to Ahab seems to be dead on.

  • Florence Ross

    06/25/2020 02:16 PM

    Keep writing truth, thank you.
    Meanwhile Flynn is not free just yet. Two Judges out of three and another can't let go.
    So who is behind Sullivan? What is his possible vendetta? Most importantly when will
    it end? Not only for Flynn but for all of us, the people. When someone, anyone is
    appointed to a position for the welfare of the people, why haven/t they been more
    severely instructed the only why all decisions are to be made is with complete fairness.
    Their position of power, as decision making is, is to be totally objective. Not influenced
    by any outside forces or personal emotions ever. When fairness of this sort is forgotten
    then it is time to re-evaluate the decision maker.
    What may start as sincere fine intentions can over time be forgotten. In the private
    sector many persons have positions that are re-evaluated over time. IE: Every 6 mos.
    or year or so.... Why should this not be the case with those who's decision making
    can effect another's future. These positions and others which have license to change
    another's direction need repeated evaluation, including that which effects one person
    or the world.

  • Sharon A Cundiff

    06/25/2020 02:11 PM

    Im in complete agreement with you on the Judge Sullivan issue.