Comments by "gary K" (@garyK.45ACP) on "Tom Fitton says Trump should pardon Flynn for this reason" video.

Actually, the Supreme Court does NOT have that power. The Federal District Court can remove the judge FROM THIS CASE and assign another Judge TO THIS CASE, but only an impeachment can remove a sitting judge. The Supreme Court WILL NOT, and should not, interfere at this point. If the Appeals court refuses to hear his case "en banc" and Sullivan does not dismiss the case...as he has been ORDERED to do, then it is likely the Appeals Court WOULD assign another Judge to the case. All of that will take TIME. How will it play out? 1. Most likely the Circuit Court will deny Sullivan's petition. They have already ruled in similar cases, there is no need to reinvent the wheel. The court will deny the petition, citing precedent. 2. Sullivan will ignore the order to dismiss. Just ignore it. Do nothing. 3. Then, after a reasonable period (probably 30 days), Flynn's attorney will file a request to have Sullivan removed and a new judge assigned. In another 30-60 days the Circuit Court will rule on that motion. OR 4. The Circuit court COULD, on their own or by a cross filing by Flynn's attorney, deny Sullivan's motion AND assign another judge in one ruling, and they MAY if they consider his actions to be slow walking justice for an innocent man. That would be the best case. The law is NOT "self enforcing". No one "has to do" anything just because the law says that is what they are supposed to do. Each and every court order is subject to "due process" by specific court action. Each action requires a motion, or petition, by an interested party and then takes time to be ruled upon. It is ALWAYS like this, in every court case. This is why cases can take YEARS to be resolved. Please try to remember, it is the INTENT of Judge Emmet Sullivan to FORCE President Trump to pardon Flynn. Why? Because it would spare the DOJ and FBI the embarrassment of having the case dismissed. Have you read the dismissal order? It sounds like an indictment of James Comey! If the Judge is FORCED to sign it, it will damage the FBI and DOJ. IF Flynn is pardoned, Sullivan is "off the hook" and so is the DOJ and FBI in the case. NO! We WANT the DOJ and FBI to be embarrassed and pounded into the ground and THEN pardon Flynn so no one can dream up new charges against him
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@PPISAFETY I just read your answers also. Great explanations, and better on the issue of impeachment than mine. I wasn't clear that removing a judge from the case does not mean removing him from his office. And yes, Flynn's attorney did ask for a new judge in the original writ of Mandamus. And probably will again in her answer to his petition for an en banc consideration. That is enough on it's own to allow them to appoint a new judge. Sullivan is playing with fire, in a legal sense. While the DC circuit is overwhelmingly "liberal", they have ruled on exactly the same question in the past and that ruling was endorsed by SCOTUS 9-0. The only good legal reason for the Circuit Court to hear the case en banc would be if there was a different legal question...OR if they were just being blatantly political. And since Sullivan has demonstrated his disregard for the court's orders, they MAY just decide to grant the motion for a new judge and nip this in the bud. Just let Sullivan "twist in the wind" while another judge dismisses the case. Your assessment of Sullivan's reasons are just as valid. Protect the FBI and DOJ and/or deny Flynn the opportunity to say "I told you so" It is all political cover for Democrats. Sullivan is clearly a Democrat party advocate.
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Russ Gallagher Not really a "disgrace". It is called "due process" Everyone does it, in every case, civil and criminal, from "small claims" to the Supreme Court, at least as much as they can afford to do so. Everyone seems to be OK with "due process" when it works in their favor, but it is a "disgrace" when it doesn't. FWIW Trump has done the same thing and the SCOTUS rulings this week on his taxes are perfect examples. Bearing in mind that the Dems GOAL was to obtain his taxes prior to the election hoping to "mine them" for "political dirt" , they LOST. Both rulings did not deliver his taxes and essentially thres the cases back for more litigation that has -0- chance of being settled before the election. Trump WINS! Congress does not have his taxes and NOW has 4 new "legal tests" they have to meet in order to subpoena anything from any President! How is that a win for Pelosi? (she said it was) 🤪. Always remember "The Presidency" is NOT the same as "the President". SCOTUS made it more difficult for Congress to ever get ANY information from ANY President. As they SHOULD. It was a HUGE LOSS for Congress, thanks to Pelosi. Congress and the Presidency are "equal" branches of government. The President does NOT report to Congress. Congress is NOT his "boss". As far as the SDNY case, while the court did say that Trump's reasons for opposing the subpoena were not valid, they did state other reasons that would be valid. (SCOTUS almost never does that!) In other words, they gave Trump a "roadmap" to follow to challenge the subpoenas. He will. NO ONE got his taxes, all they got was more litigation, none of which will be concluded before the election. Trump wins! Due process. Another example...Roger Stone. Roger Stone is seeking to get a new trial, and he has legitimate reasons to ask for one. It is normal to allow a convicted person to remain free on bail while he goes through "due process" as long as that person is not a flight risk or a risk to the community. Stone is neither. He doesn't have a passport and "lying to congress" is hardly something you worry about when walking into a dark parking garage late at night. But the judge denied his request, which was clearly political. Trump fixed that by commuting the prison sentence but allowing Stone to continue seeking a new trial. A pardon would deny Stone the opportunity to prove his innocence in a trial and forever allow Democrats to say he was "guilty". Due process. On another note...what is Trump hiding in his taxes? Simple. Congress, in writing tax code, has given huge breaks to the hospitality industry because if they didn't no one would ever open a Hotel or Resort. Without going into exhaustive detail (I could) Trump used those exemptions to maximize his profits...as ANY BUSINESS SHOULD! It is perfectly legal, and even the INTENDED result of the tax code. Trump was a businessman, NOT a politician. He had a fiduciary duty to his investors to maximize profits. There were probably many years that Trump entities (NOT the same as Donald Trump) did not pay tax at all. Similar to Amazon, etc. The tax code allows them to "write off" their income in one LEGAL WAY or another. Thus protecting the industry and the millions of jobs it provides. Thank you, Congress! Democrats would LOVE to be able to say "Look, he is a billionaire and you pay more taxes than he does!" (conflating business with personal taxes, no problem for Dems) It has been said that "Jeff Bezos pays no tax" Amazon and Jeff Bezos are two different things. Democrats are searching for ANY WAY to separate Trump from his supporters and they think that showing "how little he pays in taxes" would help. They are MAD that Trump did not "release his taxes" like most politicians do and that he got elected anyway! HOW DARE YOU vote for a man that doesn't do what politicians want him to do. Anyway, the goal is political, not legal or legislative. Trump has nothing to hide. As with a LOT of big companies, the taxes are under continual IRS audit. If there were any mistakes they would be corrected by the audit.
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@pvb9964 How is that a "fly in my judicial ointment"? Please be precise in your answer.
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@pvb9964 That has nothing to do with what I commented on. Nor did I say Flynn's case would go past November. It may, indeed, but I did not say that. I also laid out a scenario where it could be resolved in a week or two. How is it a "fly in my judicial ointment" ? I said nothing about what may happen after Trump is re-elected. Please be specific in your answer about what I commented on. Not on what may happen after the election.
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@pvb9964 And how was I wrong? Specifically. What was the "fly in the ointment"? Why can't you answer? Nothing you are speaking of was even addressed in my comments. Feel free to copy what I said, paste it in your comment and describe what is incorrect about the comment I made. State with specificity where what I said is not correct. Or I will graciously accept your apology for your error.
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Please try to remember, it is the INTENT of Judge Emmet Sullivan to FORCE President Trump to pardon Flynn. Why? Because it would spare the DOJ and FBI the embarrassment of having the case dismissed. Have you read the dismissal order? It sounds like an indictment of James Comey! If the Judge is FORCED to sign it, it will damage the FBI and DOJ. IF Flynn is pardoned, Sullivan is "off the hook" and so is the DOJ and FBI in the case. NO! We WANT the DOJ and FBI to be embarrassed and pounded into the ground and THEN pardon Flynn so no one can dream up new charges against him
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Not yet. Let Flynn trash the courts, the DOJ and FBI in court, THEN pardon him to make sure none of these parasites can ever go after him for anything ever again. THEN hire him back in the White House. Let it play out in the courts, it will be over in a couple weeks.
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Chris Dotts Stone was NOT pardoned. His sentence was commuted. Two very different things. And the President can commute sentences or pardon anyone, any time, for federal crimes. Trump is not an idiot. Pardoning Stone would have been an idiot move. He didn't do that. Stone still has the opportunity to prove the DOJ and FBI are corrupt. A pardon would have denied him that. He just doesn't have to sit in prison while he does it. Commuting his sentence was GENIUS, not idiotic. He also does not want to pardon Flynn, because, again, that would deny Flynn the opportunity to prove the corruption of the FBI and DOJ and allow the Democrats to forever say "Flynn was guilty" Flynn WILL WIN his case. The corrupt judge can only delay, he cannot possibly win...UNLESS Trump pardons Flynn. That is what the judge WANTS. Trump will not fall for it.
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