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 26-50 of 72

  • Carolyn Mataraza

    06/25/2020 01:39 PM

    I have never understood how this Judge could continue to defy AG Barr. Isn't Barr basically his boss? Why isn't the judge kicked off the bench for his defiance? Can you explain the chain of command here?

  • Bobby Scott

    06/25/2020 01:37 PM

    This is ridiculous. Judge Sullivan needs to be removed from the bench now.

  • Rebecca S. Grave

    06/25/2020 01:37 PM

    Judge Sullivan should be removed as a judge. When he rejects a higher court verdict, he is not upholding the law.

  • Robin Rebhan

    06/25/2020 01:34 PM

    It seems more and more that Judge Sullivan was directly involved in the Flynn Case long before the case was even brought before the court. You just have to wonder how many other innocent people in the past have suffered under Judge Sullivan's court. This case could end up opening a whole lot of other cases. Which seems like an odd thing to do. Why not just quietly drop the case?

  • Bette Solomon

    06/25/2020 01:33 PM

    I love your insightful and very funny columns, Mr. Huckabee. We need to continue to pray that the Lord shine His light on all the egregious evil hidden in this case/ and elsewhere. Sidney Powell is my new hero - she's doggedly pursuing what she knows is right. We need to pray for her as well. Maybe she could be AG in Trump's next term. It's good vs evil, as Archbishop Vigano so aptly put it, hobbits vs the orcs and balrogs. I keep thinking - the Lord put each one of us here at this time for His purposes. Fight for our country and keep on praying.

  • Janine Simonetti

    06/25/2020 01:24 PM

    This is ridiculous. This Sullivan character is getting his one minute of fame...for too long. How dare he go against the AG....and put this man and our country through anymore unnecessary legal proceedings.
    No wonder our country is in chaos. Even judges don’t show respect to the president or to court rulings. So upsetting to see this Go on and on.
    I pray for Mr Flynn and his family.

  • Robert Ryan

    06/25/2020 01:22 PM

    RECALL!

    A rogue judge does not belong on the bench

  • Darryl Davison

    06/25/2020 01:08 PM

    Another reason my decades old prediction of blood in the streets if we continue our slippery-slope
    of no discipline, no education of all history, & no respect for our culture!

  • Elizabeth N. Mayer

    06/25/2020 12:58 PM

    I think it is now more than clear that someone has something on Judge Sullivan. This is insane otherwise.

  • Floyd A Unger

    06/25/2020 12:52 PM

    Thank you....we’ll win

  • Gail Denham

    06/25/2020 12:47 PM

    Well - keep praying for Flynn - that poor judge is looking pretty bad right now - why don't they disbar him? Is it cuz He's African American?
    In your last newsletter - you mentioned the rioters (I think it was) - you called them "pig-ignorant" - well that's rather insulting to pigs -they're actually pretty intelligent I've been told.
    Thanks for hanging in there, commenting all the news that is news. I'm waiting for the "rest of the story"

  • Diana Talmadge

    06/25/2020 12:42 PM

    The left wing-nut Judge is still protecting Obama and Holder. He is not a neutral, fair, objective Judge at all. He should be impeached.

  • Anita Ward

    06/25/2020 12:35 PM

    Looks like OBarfma and his followers still have their dirty hands in everything they had them in during his 8 years of excrement that were and still are directed toward the people who love GOD, the United States of America and
    President Trump!

  • George T Spettigue

    06/25/2020 12:34 PM

    It is high time to start removal proceedings against Sullivan based on impaired judgement!

  • John Dahlke

    06/25/2020 12:33 PM

    America is in the worst state since the Civil War thanks to the Democrats and their left wing agendas. We very well may be ready for a revolution. I'm going shopping for an AR now. I spent 23 years as an Army pilot always ready to die for my brothers and country. I'm still ready and will fight to the end supporting America and God's values.

  • Andrea Helen Eckert Watters

    06/25/2020 12:29 PM

    Typical Democratic Sleeze!

  • Ed Thompson

    06/25/2020 12:27 PM

    Any one who is a supporter of the President knows how badly the opposition forces will use anything to try to make President Trumps days in office as uncomfortable as possible and this is just another example of losers showing their true vindictive feelings about anything associated with the President. If they could actually tie an anchor around President Trump’s neck in hopes of slowing his progress down , it would happen. And why is the mainstream media STILL Not being taken to task for ignorance and violence promotion among the people who are using violence and intimidation and complete lawlessness in their tactics around America? One look at the nightly news on these stations and you have to think they are pleased with what’s going on. Their condescending attitude towards the looters and so called protesters is part of the fuel these people live on! Add ridiculous statements from elected officials like Pilose and Schumer and airhead AOC the fuel is there for the taking. Patriotism is dying along with Respect and Religion—Christian—anything associated with Jesus Christ— the “other choices” are for now off limits—we have a very bad problem here in America . How we got here is not so big a mystery either when you allow so called teachers and college professors to use their influence on their students to peddle their own thoughts and ideas they have decided are better than what we have done with everything we have. Taxpayers money pay for these people! We need to take stock of what is being called education and take a long hard look at what those people are doing to our future generations or we are just going to keep having these problems go on for ever until it’s too late to turn back. Pray people! I do believe that God is getting angry at everything going on here. Out of everyone and everything around— HE is not who you/we want to be angry with us! Seriously! God Bless America and everyone on this planet.

  • Martha Schafer

    06/25/2020 12:26 PM

    Judge Sullivan has no doubt been promised a big reward or a big pot of gold at the end of his political rainbow for falling on not only his sword but perhaps the former administration's sword as well.

  • Don Crumbley

    06/25/2020 12:22 PM

    Gov. It's never over until the fat lady sings and Deep State is going all out to ensure this never happens.

  • Teresa C

    06/25/2020 12:20 PM

    Why isnt John Kerry in jail for defying, Logan Act? I don't get it at all.

  • RICK SIEGEL

    06/25/2020 12:17 PM

    Obama has some scandalous on the judge and the judge is doing all he can to keep it concealed. As I have been reading a lot about government officials they were in deep with Epstein and doing some pretty unconscionable sexual things with underage children. I am not saying he is one of them but it makes sense.

  • Catherine Zeien

    06/25/2020 12:17 PM

    Interesting that Sullivan is desperate to keep this carnival going. Sounds like he's trying to protect someone --- probably Biden.

  • Sharon Faulkner

    06/25/2020 12:15 PM

    Mike the reason the so called "Democrats" don't want Police Reform is the same reason they didn't bring the Cop in the Floyd case to accountability for his other Brutality complaints : he was protected by the Police UNION.
    The Dems will never buck Unions. Ever.

  • Julie Wiemeyer

    06/25/2020 12:12 PM

    The Moby Dick analogy was priceless!

  • Fr Christopher Kelley

    06/25/2020 12:08 PM

    So. What if the Eminent Sullivan REFUSES to yield to the District Court Mandate? Can Capt. Ahab be relieved of his command?