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AG Barr Responds to Judge Emmet Sullivan’s Actions in General Flynn Case with Massive Fire Power


Reported By Joe Hoft | Published June 2, 2020 at 8:03am

TOPEKA, KANSAS – OCTOBER 02: Attorney General William P. Barr speaks to Kansas law enforcement officials at the Kansas Bureau of Investigation Forensic Science Center on October 02, 2019 in Topeka, Kansas. Barr was invited to the round table discussion by Senator Jerry Moran (R-KS) where they discussed the state of Kansas law enforcement and ways to curb crime in the state. (Photo by

Not only did the Department of Justice respond to corrupt Judge Emmet Sullivan’s actions in the General Flynn case yesterday, but they did so with massive fire power.

The Barr Justice Department dropped its case against General Mike Flynn last month after bombshell documents were released that proved Flynn was framed by Comey’s FBI.  But the Clinton-appointed Judge Emmet Sullivan made a shocking, political, move to delay justice for General Mike Flynn. Judge Sullivan extended the case by soliciting amicus briefs to allow for public comment on Flynn’s criminal case. Judge Sullivan also appointed retired Clinton appointee judge John Gleeson to argue against the government’s motion to dismiss the charge against Flynn!

This is unheard of!

This came after the US Supreme Court just one week earlier ruled that rogue judges CANNOT do what Judge Sullivan is wanting to do.  The Supreme Court ruled 9-0 to prevent judges like Emmet Sullivan from becoming tyrants on the bench. On Monday Judge Emmet Sullivan claimed he was not required to “rubber stamp” the Justice Department’s bid to dismiss the case.

This is a ridiculous statement by the corrupt judge turned prosecutor.

On Monday afternoon the Department of Justice responded to the rogue judge reminding Sullivan, “We’re the prosecutors here, not you!” But what has gone unreported is that the brief filed by the Justice Department has massive fire power.  The response from the Department of Justice came directly from the office of the United States Solicitor General, Noel Francisco.

Sean Davis at the Federalist reported:

In a sign of how important DOJ views the underlying constitutional issues in the case, the formal brief to the appellate court wasn’t just signed by the line attorney managing the government’s case. Instead, it was signed by Noel J. Francisco, the Solicitor General of the United States who is tasked with representing the U.S. government in the most important appellate cases across the country; Brian A. Benczkowski, the Assistant Attorney General and head of DOJ’s entire criminal division; Deputy Solicitors General Jeffrey B. Wall and Eric J. Feigin; assistants to the Solicitor General Frederick Liu and Vivek Suri; Michael R. Sherwin, the acting U.S. Attorney for the District of Columbia; Kenneth C. Kohl, the acting Principal Assistant United States Attorney for D.C.; and Jocelyn S. Ballantine, the line prosecutor handling the Flynn case at trial.

“The Constitution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes,” DOJ argued in its brief. Rules of federal criminal procedure, cited by Sullivan in support of his gambit to appoint himself both judge and prosecutor in the inquisition against Flynn, “do[] not authorize a court to stand in the way of a dismissal the defendant does not oppose, and any other reading of [those rules] would violate both Article II and Article III” of the constitution, DOJ wrote.

“Nor, under the circumstances of this case, may the district court assume the role of prosecutor and initiate criminal charges of its own,” the brief continued. “Instead of inviting further proceedings the court should have granted the government’s motion to dismiss.”

The case is now in the hands of the DC Circuit Court.  Obama’s plans to indict General Flynn are over.

ABOUT THE AUTHOR:

Joe Hoft
Joe Hoft is the twin brother of TGP’s founder, Jim Hoft. His posts have been retweeted by President Trump and have made the headlines at the Drudge Report. Joe worked as a corporate executive in Hong Kong and traveled the world for his work, which gives him a unique perspective of US and global current events. He has ten degrees or designations and is the author of three books. His new book: ‘In God We Trust: Not in Lying Liberal Lunatics’ comes out soon.

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Judicial Watch: Federal Court Issues Ruling Compelling IRS to Provide Answers on Lerner IRS Emails


waving flagJUNE 08, 2015

tyrants(Washington, DC) – Judicial Watch announced that Judge Emmet Sullivan of the U.S. District Court for the District of Columbia granted a Judicial Watch request to issue an order requiring the IRS to provide answers by June 12, 2015, on the status of the Lois Lerner emails the IRS had previously declared lost.  Judicial Watch raised questions about the IRS’ handling of the missing emails issue in a court filing on June 2, 2015, demanding answers about Lois Lerner’s emails, which had been recovered from backup tapes.  Judge Sullivan issued the court order on June 4, 2015.

Judicial Watch has argued that the IRS misled the court and Judicial Watch by withholding the truth about the existence and content of the backup tapes.  In response to Judicial Watch’s litigation and pressure from Congress, some of Lerner’s emails had been recovered by the Treasury Inspector General for Tax Administration (TIGTA) despite testimony from the IRS Commissioner and representations to Judge Sullivan that Lerner’s emails had been irretrievably lost and destroyed. In its June 2 filing, Judicial Watch detailed:

Because the emails recovered from the backup tapes are responsive to [Judicial Watch’s] FOIA request, [Judicial Watch] respectfully requests that the Court order the IRS to submit to the Court a report by June 12, 2015 addressing the status of the emails recovered by TIGTA.  The report should include:

(a) clarification as to whether all emails that have been recovered by TIGTA have now been turned over to the IRS for review and processing in response to Plaintiff’s request, the volume of those emails, and the time frame in which the IRS anticipates completing its review and production of responsive emails, and

(b) clarification as to whether the processing is complete for all 1,268 backup tapes to determine what emails are recoverable, and if not, when the processing is expected to be complete.obama-and-IRS

Two days after Judicial Watch’s filing, Judge Sullivan issued the following order:

The IRS is directed to respond to [Judicial Watch’s] notice by no later than June 12, 2015.

Judicial Watch is seeking Lerner’s emails as part of its Freedom of Information litigation over the Obama IRS’s targeting  conservative political groups and citizens in the months leading up to President Obama’s reelection bid in 2012 (Judicial Watch, Inc. v. Internal Revenue Service (No. 1:13-cv-01559))

On February 26, 2015, TIGTA officials testified to House Government Oversight and Reform Committee that the oversight agency had received 744 backup tapes containing emails sent and received by Lerner. These tapes had been obtained one day after TIGTA requested that the IRS provide any backup tapes that contained records from Lerner’s email account. The IRS subsequently produced 424 additional backup tapes in February 2015. More than 32,000 emails from Lerner’s account were recovered from the initial 744 tapes; Judicial Watch is still seeking information regarding the contents of the additional 424 tapes.

Judicial Watch outlined the continuing IRS cover-up to Judge Sullivan:

The aforementioned testimony is uncontested that the recovered emails are from the email accounts of IRS officials, including Ms. Lerner, and cover the time period of (Judicial Watch’s) request. The testimony also is unequivocal that the IRS reported publicly that any backup tapes had been recycled and were no longer available without asking its technicians whether the tapes existed. [TIGTA Deputy Inspector General] Camus also testified that hard drives previously reported by the IRS to have been destroyed had not, in fact, been destroyed.Obamas IRS Gestapo

However, the IRS has yet to provide answers to Judicial Watch regarding the content of tapes it turned over to TIGTA, specifically “whether the emails are from all or only a subset of the 1,268 backup tapes located since July 1, 2014,” or whether additional emails remain to be recovered.

As the Obama State Department has argued with respect with Hillary Clinton’s hidden emails, the IRS has now argued that Lerner’s emails are no longer “IRS” records and it has no legal obligation to request them:

Agency counsel responded that the IRS is under no obligation to request copies of the emails recovered by TIGTA because they are allegedly not agency records. The IRS’s position is extraordinary considering that, not only are the backup tapes and emails obviously IRS records, but the Court went to great lengths to address the issue of the “missing” emails, including holding a status conference, ordering a meet and confer before a magistrate judge, and ordering the IRS to submit multiple declarations about its efforts to recover or locate the emails.Obama's IRS Gestapo

“The Obama IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about Lois Lerner’s emails,” said Judicial Watch President Tom Fitton. “The IRS, including its top political appointees IRS Commissioner John Koskinen and General Counsel William J. Wilkins, has much to answer for over its contempt of court and of Congress.  And the Department of Justice officials enabling this cover-up in court need to be held accountable, as well.  The IRS is out of control and Judicial Watch is happy that Judge Sullivan has taken this key step to remind the agency that it is accountable to the rule of law and the American people.”Party of Deciet and lies  freedom combo 2

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