WASHINGTON, D.C. - A Republican congressman who represents Southeast Ohio wants the House Judiciary Committee to open an impeachment inquiry of a federal judge overseeing the criminal case of former National Security Adviser Michael Flynn.
Rep. Bill Johnson of Marietta says he’ll introduce a resolution seeking an impeachment inquiry of Judge Emmet G. Sullivan, arguing that Sullivan has “far exceeded his authority” in the case of Flynn, who admitted lying to the FBI but later withdrew his guilty plea. Sullivan appointed a third party attorney to present legal arguments against dismissing Flynn’s case after Attorney General William Barr declared the Justice Department was dropping charges against Flynn.
A statement Johnson released on Wednesday declared that Sullivan was was making his own rules, and pronounced it “tyranny.”
“Judge Sullivan gets to interpret the law; but he does not get to say how to enforce the law," said Johnson. "Both parties in this case have made clear they want the matter dropped. Judge Sullivan appears to be attempting to continue this case as ‘Sullivan v. Flynn,’ and that can’t happen!”
Flynn resigned as President Donald Trump’s national security adviser in February 2017, after admitting he gave Vice President Mike Pence an incomplete account of his communications with Russia’s ambassador before Trump took office. Flynn later pleaded guilty to a felony count of lying to the FBI about his conversations with Ambassador Sergey Kislyak, but asked to withdraw the guilty plea this year after getting new lawyers and arguing he was entrapped.
Champaign County Rep. Jim Jordan, who is the top Republican on the House Judiciary Committee, has accused the Federal Bureau of Investigation of trying to entrap Flynn.
Sullivan’s refusal to dismiss the charges against Flynn has drawn widespread outrage from Republicans, with Senate Majority Leader Mitch McConnell of Kentucky arguing his conduct “subverts our constitutional order in which the executive alone decided whether to prosecute cases.”
“No matter what Washington Democrats may try to claim, you’re not crazy or a conspiracy theorist if you see a pattern of institutional unfairness towards this president,” McConnell said Tuesday.
Attorneys for Flynn on Tuesday asked an appeals court to order Sullivan grant the motion to dismiss Flynn’s case and to reassign the proceedings to another judge to wrap them up.
“This is an umpire who has decided to steal public attention from the players and focus it on himself,” Flynn’s legal filing says. “He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field.”
Johnson opposed Democrats’ efforts to impeach President Donald Trump last year, arguing that Trump did not commit any impeachable offenses, that Democrats wanted to remove Trump even before he was sworn in, and that impeaching Trump would disenfranchise the 63 million Americans who voted for him.
“This is nothing more than an attempt to bloody up President Trump less than a year before he faces reelection,” Johnson argued at the time.
On Wednesday, Johnson said that even if Democrats who control the House of Representatives don’t act on his request “it’s still the right thing to do.
“Judge Sullivan knows his efforts aren’t going anywhere either, because he doesn’t have the authority to do what he is doing,” Johnson continued. “And I hope that Democrats on the Judiciary Committee will acknowledge that Judge Sullivan is wrong, and that a judge cannot also act as a prosecutor. They would certainly be upset over Judge Sullivan’s actions if the roles were reversed and a Democrat was in the White House.”
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