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In a Bizarre Move, Flynn Judge Lawyers Up

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Cross Radio
May 26, 2020 1:00 pm

In a Bizarre Move, Flynn Judge Lawyers Up

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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May 26, 2020 1:00 pm

In a Bizarre Move, Flynn Judge Lawyers Up. This and more on today's show.

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Jay Sekulow live in a bizarre move. Judge Fuentes federal judge lawyers up talk about that on Jay Sekulow live live from Washington DC Jay Sekulow live he's going to play every position he will supply you be verifying the prosecutor, he will supply the they will supply the judge he will stood to Brandon's own hearings or this is something as big as a shock to me that he had finally had to go get his own outside counsel. Phone lines are open for your questions right now. Call 1-800-684-3110 likely he needs to explain the nothing. The Court of Appeal is saying this. This is something wrong here. When you look at DOJ's are acting properly is. It happens all the time. In cases why is he not doing this, I think, defined by politics or and now your hose here is the order you want for your scope of holding my hands right now United States Court of Appeals. You see, In re Michael Flynn this is that the judge in the case. Judge Sullivan. We talked about the bizarre actions of appointing as he did a couple weeks ago reported a retired judge to basically prosecute Michael Flynn because the partner adjuster said wheat we don't we don't believe this should go for that. We were wrong and it is a big admission like that to say that there was no legitimate basis for their investigation and we talked about Peter struck but this is all this is all very new legal ground. Remember, the judge initially claimed that his authority was inherent so it wasn't codified it wasn't in the rules of criminal procedure yesterday took it and said well if I got this power in the civil and civil actions. I can then take this kind of power into a criminal case, but there's a lot of constitutional rights that kick in when you're dealing with a criminal matter intake or phone calls. This 1-800-684-3110 you had just for those you maybe just be joining us at an if you missing the broadcast last week she had a judge writ of mandamus is is is granted by the Circuit Court. The appeals court and they tell the judge you based you got to tell us why you made the decision you did to point this outside counsel what you know what kind of conversation to have with you. The judge in the case that you talk but you constructed the that retired judge to how they should carry out their actions. So now you have the judge has lawyered up on his own. It's a very high-profile attorney in Washington DC, Beth Wilkinson, it does indicate to me, and in this is not just speculation.

This is folks who watches closely that this is not just about responding to a writ of mandamus, that there may be conflicts there could be issues and when there are conflicts judge to recuse, but that that obviously I got a fair bit in Washington DC fan. Maybe it's because of the news coverage focusing it on your reopening states and Memorial day weekend gatherings and things like that that this judge did not realize up until Friday afternoon.

How serious this was.

I think is probably right Jordan reset on the broadcast last week how this granting of the writ of mandamus.

Only happens in extraordinary circumstances in the DC circuit Court of Appeals said that is certainly the case. This is an extraordinary situation looks like the injured Judge Solomon has all that has overstepped his bounds. Try to be article 1 article 2 article 3. Jordan, I think the judge probably does realize he's in hot water, but rather than backing down. He seems to be doubling down, you know, it looks to me Jordan that he's trying to play judges try to play advocate. He's trying try to play prosecutor and now he realizes he is forced to play a defendant because of the actions he took during the hiring of this attorney well known in the DC area, I think, is that it's an acknowledgment on his part of it is in deep water so that this is a gamble when we come back and economist for the US attorney and defense attorney on both sides of this and I will tell you folks the people I talked to their legal issues. The judges sometimes face for wrongdoing, usually outside of court and and they would have an attorney and they may be facing some kind of action, but in this matter. This is highly bizarre.

This order we think about this.

He's appointed now. He's got his own attorney is appointed and a retired judge to put out the case about why Mike Flynn should be found guilty and why the Department of Justice is wrong in saying we were wrong. This is this is taking on a whole life itself really explain this, you will become backdated, as well. 100 684 30 what if you have questions, get them in now is a call one 800-6843 10.

The challenges facing Americans or substantial time when our Valley freedom sword constitutional rights are under attack is more important than ever to stand with the American Center for Law and Justice for decades ACLJ has been on the frontlines protecting your freedoms defending your rights and courts in Congress to get in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms. In the event remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

Thank you for your thoughts. Well, this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable invoice is certainly protected.

Is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition like it will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activists.

The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the and what Obama care means to the prone life in many ways your membership abuse you is empowering the right to question your free copy of mission life today online ACLJ/again Friday evening and what time you're watching the news because so much of the coverage is focused on states reopening how businesses responded to to the covert, 19 issue and to be on your state. But if you're watching the national news. That's the focus of the coverage so this story popped up a little bit through the weekend and this morning, but I want to explain we will explain it for you. The significance here and how bizarre it is to have a judge in the case In re Michael Flynn appoint his own.

He's not bringing in his own defense counsel and is putting in orders in the case tube to actually put that defense and look at this entry of appearance in its from the judge in the case now having a defense counsel right to any condo I and you been on both sides who bid on the prosecution side as former US attorney you bid on this as a defense counsel never seen a judge in an actual trial appointed for a defense counsel before.

No Jordan this is the most ordinary move. I have everything taken by the judge in all the years I have practiced here is the judge whose job is to rule on motions that are brought by the parties. He has now been directed by a superior tribunal, the DC circuit to explain the ruling that he entered appointing this judge Gleason and as a state, in effect, special prosecutor and now the DC circuit has ordered him to respond and what is he do instead of doing the deliberative process that a judge should do that is to say make a decision as Sidney Powell signature law clerks find out what to your response to the DC circuit is he goes and hires his own lawyer who makes an appearance.

And I looked at her entry of appearance for the defendant appellee or or one of the parties in the case.

He's not a party to the case. The judge, not the plaintiff is not the defendant is not the appellant is not the appellee, the respondent petitioner. He is the person who is the Empire was supposed to make a ruling in now, he brings in a lawyer to advise him how he is to rule if that's the case then you want to not be a judge.

This is what is people are watching the show a nuclear call aunt Ida Brown face with the sword.

And why would a judge need to lawyer up. It seems like you would need counsel to explain his ruling. I think that's an important point Andy because in this matter. This was it about that the courts are saying. Explain your reasoning. Not you're in some kind of legal jeopardy judges get overturned all the time. If your District Court judge you know that can happen and and they get told by the Court of Appeals. You got to do this or to send this back to you. To do this because we think you're wrong on this party didn't analyze this didn't spend enough time on this and you go back, have the parties argue that happens all the time and appellate level to go back to a judge of the writ of mandamus.

It was again, everything's been kind of unique to this case and it hasn't happened a lot for is not a lot of precedent, but the judge began this by claiming he had some inherent authority.

This all started with the judge not just ruling on make a decision on whether he wanted to accept the DOJ motion or not, which he didn't have to do, but instead he set up this new process of appointing some outside counsel to come in and argue about why the department of justice is wrong. Not anything that he is supposed to do. The Department of Justice has made a decision to do to stop the prosecution of the general plan okay file the motion to vacate the plea and the judge's job is to rule either granted or denied. If you say you denied them sentence the men and let them go and we take the next steps up the ladder of what it appellant would do in that case, which you don't go hi appointing judges to give you the side opposite to the Department of Justice's position that is this judge, former judge Gleason and you certainly don't go higher a lawyer to represent you in making a deliberative decision as to what you should do what has he done something here that we don't know about has engaged in public politics that he shouldn't have engaged in. Has he done something that is incorrect or wrong. Does he need to plead the Fifth Amendment does he need to take some constitutional privilege in the consideration that would be the reason to me why he would go and retain Beth Wilkinson or any lawyer to represent him. There's something that does not smell right near Jordan's attorney is very high-profile animosity. See both sent both sides of the political aisle of Eliza before, but is it matters when you're being accused of something serious not usually in matters where your judge, where if it was just about the writ of mandamus and wide to make decision made, and maybe you're wrong I don't you take this action would you go to a attorney like Beth Wilkinson know I would not any attorney, I would sit down and I would say well the DC circuit is founded explain myself. I better get a decision as to why I did what I did. If I can possibly do that but I will go to an outside lawyer and state coming here in my courtroom and the magnetic case going there and the DC circuit is only the good of the appellate court above me is tell me to do something that give me some legal advice here as to what I'm supposed to do. You are the judge you make the decision. You don't go hire lawyers to give you legal advice. That's what you been there 25 years appointed by President Clinton.

You're supposed to know the law and if not, you're supposed to go find not by your law clerk or yourself not supposed to go as lawyer from outside the company and advise you that's the most ridiculous thing I've ever heard silence Jerry in Rhode Island online wanted to talk to Stan 1-800-684-3110 110 Jerry Buckner Jay Sekulow logger on the air. Hello Dame Dir. kind of man shall be injected at the very minimum Bible doctrine has been either backward himself from this case, Yreka personal issues.

This case could not travel through the court system in their chief judge of the pack will coordinate SQL management docket and negating yourself target case. While judge language. Case resolution seems like that again. Judges are given have the power to remove the sensory case on their own know… That is anything wrong. In fact, we judges do that. I think it shows you the strength of our legal system that they may have an issue inmate they may not be able to be at the not the right person for whatever reason there not the right person right human being. You have to read their arguments to make these decisions. I think Andy that is a key point to me. It is reeks of. There's got to be something else here.

You could you could come up with legal theories all you want to submit that to the Court of Appeals.

If they don't like it they can then go take the next steps but that this is not indicating if you get a judge in this matter. You think that by next week were in a very different situation here. I mean II just feel like at some point the ball is dropping something is going to drop in this because this judge keeps doing these are unprecedented is Artie been asked to show cause for one. One of those actions now is taking another unprecedented action yeah you got 10 days for whatever the date of the circuit ended in order to explain this without of Monday is that it of next we will and then when exposed, explain himself. So he's he's got that time to do that but the callers the real question that I guess he could and perhaps should have, at some point himself, but that's a decision that the judge makes no chief judge were superior judge can tell them that the DC circuit may say we are removing you from this case because of whatever reason, but usually it's the judge makes the decision that, for whatever reason, I cannot be fair and impartial and neutral and I and I've got to recuse myself in this case and that's what Judge Sullivan should have done instead. He takes this unprecedented unheard-of step of going and hiring a lawyer to advise him as to how he should respond to a superior tribunal crazy. I succeeded 100-684-3110 at 2000 684-3110 we take Marilyn's conquest exactly the kind of keys in order to talk about and also the dates so the judge has until Monday, June 1 at the base you have the submitted mail welcome to Jay Sekulow logger on the hello, thank you for taking my call on vacate. All you all do now that he has been given first date, but that now with this new request that the new request for precedent that Jennifer stated if they still have to that and can they drop this and they just throw out this second request so there's nothing in the even actually take that which was any unprecedented to have you supporting hiring outside counsel to come in and embraces all these issues, problems for judge because of us must be talking about where they're going in a case with outside folks with folks were not part of the judicial branch of the United States government so Andy he still bound by the June 1. That is when the Court of Appeal said you must respond now.

The response could look very differently when you have the fixtures you brought up their constitutional rights. He could invoke. But there certainly rights it again in the criminal setting. You can't use as a reason why but in civil settings different so he starts claim to fit in a civil action arose out of this. You can take inferences from that yes and the inferences that they you that you've done something wrong. The inferences that burst to you, but who knows what is the thing that that needs to be emphasized is he's got a deadline date that for him by the DC circuit and that fixed unless his lawyer Wilkinson get fed and for some reason our iPhone to give 1-800-684-3110 if you want to talk to us on their 100-6431 10 check@aclj.org as well is ACLJ.org will be right back only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn gold mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right to question your free copy of mission in life today online/challenges facing Americans for substantial time and are now free to sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades ACLJ has been on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you.

If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing, member today ACLJ Jay Sekulow like this Jordan secular take your phone calls, one 800 68 or 3110 against the federal judge in the Michael Flynn cases that the district court level has been has now hired high-profile DC defense attorney and again there are times are people point out that while this attorney was Britt Cavanaugh hired her because the accusations he was facing during his confirmation again. If you face accusations like that, that's serious and it's outside what would be the this case that would be something you'd be doing without individual matter. You have to still deal with whether you think it was wrong right politically motivated belief. Whoever you want this again you are using to get attorneys in that matter.

When you do something that high-profile, that makes sense to me. And again, you're being accused of something that would be criminal in this matter, the judge and let's go back and just explain the writ of mandamus action, which, again, it is fairly unpleasant to see granite it in this matter and in it in a case like this, but because the judge took unprecedented action that was not based on anything that he could even point to in the criminal code for Washington DC if federal courts are model anything hitting you civil procedures to bring in why he was doing what he did and said he had some inherent authority than to take the action.

He did, it started raising these other matters that usually don't come up, but a kind of again you had that matter in a writ of mandamus gets it in order and in late on Friday evening we find out that this judge is lawyering up the writ of mandamus is an order from the DC circuit Court of Appeals that was sought by Sydney Powell representing Michael Flynn that said to the judge rule. That's what it says rule on these motions and make a decision and do what you're supposed to do as a district judge instead of doing that. He goes and hires a lawyer to advise them as to what he ought to do in response to the second order issued by the DC circuit, which was the order to explain your cell as to what you did and that in that earlier order now it's like a judge who is been appointed confirmed by the Senate as a case before him or her and in deciding what a motion should be in the case, how they should rule. They go outside and hire a lawyer and bring in a lawyer and say well I have been told by the upper court. The court above me that I'm supposed to explain myself to give me some legal advice. Here's the what I'm what you need legal advice for have you done something wrong. Have you played politics have you injected a political aspect into this case that you should not of done. Should you have recused yourself are you in deep water with the appellate court.

That's the kinds of things that I'm wondering that Judge Sullivan needs to be worried about, and that's why he has one to retain counsel on anybody retaining counsel problems with that.

But a judge to retain counsel on how to rule in a case that doesn't make any sense take Alyssa Doug Collins is on Fox news today talking about the play every position he will supply in the past are the prosecutor, he will supply the they will supply the judge he will start to brand as all hearings here and this is something that is very concerning is no shock to me that he had finally had to go get his own outside counsel because he just operating in areas right here that frankly he needs to explain and nothing. The Court of Appeal is saying this. This is something wrong here. When you look at Neil J's are acting properly is.

It happens all the time. In cases arising under this, I think it's time to play politics or cc point and I think Doug Collins. He did, Carson County, keen on something important. There one action that is not so outside the norm is that if the Department of Justice and the prosecutors at the trial court stage of the case before. Again, you've gotten through everything I said that they were wrong. They even, regardless of testimony that was given there was no basis for legitimate investigation.

So we are as a prosecution filing at this this again they file and and safety of the judge can accept it or not any that was the key to the judge. Judge Sullivan could've easily denied the request.

The motion that they might look. They filed a motion to allow Flynn to vacate his weight because that will because the government the molar squad had violated the law and giving exonerated and exculpatory material to him and they tried to entrap him. So Atty. Gen. barn now looks at himself. We should never have brought this case and the man's plea should be allowed to be withdrawn as Ian is the requested to be done in the case, Judge Sullivan, under rule 28 of the Federal rules of criminal procedure, we move that you withdraw the defense agrees it's a miscarriage of justice. If you don't, instead the judge instead of ruling on the motion that's before him goes and give that I'm going to get a special counsel a judge to argue against the Justice Department's position on this case, pursuant to what inherent authority.

What are you talking about inherent authority inherent authority from where just pulled out of the air.

You can't do that.

You got to have some law to support you in Washington DC.

It seemed to me talk to have these legal issues but there's obviously in this matter merely to time. Any former national security advisor to the current present United States who is facing this kind of action, and it's been bizarre from the start. We learned a lot about the investigation. It was bizarre wrong from the start. So you have and don't take our word for our opinion, the Department of Justice said they were wrong yet that they were wrong that they took the wrong Ashley should've brought this prosecution had no legitimate basis for their investigation and this kind of action it should.

Even though won't. It should chill both sides, Republicans and Democrats to realize this is wrong and and again you do not want these kind of government entities playing politics and as we saw from the start with Michael Flynn. He was being set up by Peter Strauch and Jim come in when you zoom out a little bit Jordan that really is the biggest take away from either from the very beginning of this investigation. In general, Flynn and their example after example after example of federal officials overstepping the bounds of the Constitution and the laws of this land get them in Jordan. You know most of the abuses were in the article to grant you think back to the origin of this investigation, you think about back to back days. Think about January 4, 2017, when the Washington field office of the FBI F recommended the crossfire razor the look into general Flynn be closed and then Peter Strauch exceeded the authority that he had by overturning that decision in keeping the case open anything about the very next day Jordan January 5, 2017. That infamous White House meeting where both Barack Obama and Joe Biden were Pres. and James call me a sort of identified as the one person he was going to translate into the next administration and might be able to keep tabs on general Flynn.

Even though Jordan in that very meeting of the memo from Susan Rice indicates that there has been no indication of wrongdoing by Gen. Flynn that is egregious overstepping by the article to branch. Then Jordan and then just quickly. Of course the impeachment proceedings were the overstepping of the article one branch and now you have Judge Sullivan from the article 3 branch trying to play the article to role in making prosecutorial decisions tournament just on and on and on. Federal officials from every branch, taking more power than is intact and they are entitled to hi folks. Rates are taken more because we come back second half hour Jay Sekulow live, 1-800-684-3110, 1-800-684-3110 is always good ACLJake.org stay updated with the issues and again that is a lot of accident between now and Monday the who could predict any of the actions can happen next. In this case and that's were bringing in post analyze it for you because it is unprecedented second half hour coming up next Jay Sekulow decades ACLJ has been on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and secular Jay Sekulow. This Jordan secular.

We are to your phone calls. We hundred 64 3110. That's 100-684-3110 and and I would like to save in Washington DC because Dan often times you brought this up in our chat during that break.

We just had first toy second half hour begin, and that in Washington you get these high-profile names we talk about a lot the kind of become the center of the focus where there was Colby McKay, Peter Strauch and you realize those folks had a Lotta people working for them and you bring up a get an agent you may believe you people might be talking right now in a way that they didn't until there were, yup, it's whether it's Inspector General's looking at it when there was the department justice. Looking at it. There are a lot of folks who the paper would've passed in front of absolutely Jordan this really stems from the announcement from the Senate Judiciary Committee Chairman Lindsay Graham last week that he is issuing 53 subpoenas to individuals involved in the opening of crossfire hurricane. The FISA applications and all the related matters. Jordan and one of those individuals is FBI agent Joseph P. And Cal. A lot of people probably haven't heard of him but he was the other agent that James Comey bragged about sending over along with Peter Strauch over the White House to just see what they can get away with and talking to general Flynn and after that meeting Jordan. It was agent PMK that drafted the original 302 net then after that infamously Peter Strauch and Lisa page had this back-and-forth about editing the 302 to make it more favorable but keeping agent PN because of voice, not Jordan, I don't know anything about that agent other than the fact that he had his work redone by Peter Strauch, who obviously had a bias, but assuming that agent Bianca had a a genuine motive that was operating like most of the FBI agents and trying to do his job. Jordan I would venture to guess that he probably wants his good name to be redeemed. So when he gets this, this subpoena from the Senate Judiciary Committee. This would be his opportunity to tell the truth to be forthcoming and inserted to reveal what actually happened in that meeting.

In the aftermath of Jordan. No wheat wheat we surmised last week that maybe a lot of these people will take the fifth. I'm not so sure about this agent. I think he might be ready to tell what actually happened is involved in a level where again you say like it if you can clear your good name. This would be the opportunity to do so. Peter shocks along your boss that they can't really in a holy thing over you and McCabe is not there to Macomb is not there and again I think that's important and it's a key. We said from the beginning. This is a very long process to get to the truth and because you have allowed courts it's got a political process involved subpoenas and of course this criminal to allegations here and in that those are being a motion to quash those by the department justice, who would prosecute them in the it it again.

There's a lot of moving parts but we said that the beginning I think we tried to take as this develops it so that you understand the analysis as it moves forward. You understand what's going on because it is a tough thing to keep track of. If you're just watching the news because the way the news will focusing on things like this and then you know if there's any kind of action, and then it kinda moves it moves along.

And right now because there's other issues that are facing the country. You don't get the kind of I don't think the deep analysis of were going into here we come back we'll talk more, and he will answer more your questions, 1-800-684-3110 at 2000 684-3110 is a rogue judge is a judgment.

The conflict is it a judge's got something going on that again has led to doubt multiple acts of unprecedented action was to say unprecedented to see a judge appoint outside counsel. The case criminal case of unprecedented to see a judge that it is a writ of mandamus get issued on the judge's accident that his niece was supposed to respond to by week from yesterday were under week lot of unprecedented action were actually don't see a lot, but again were talking about people's people's lives and livelihood criminal being accused of a crime and in the government coming in saying who prosecute the crime saying we were wrong. There was no crime to even be investigated.

The resume reasonable basis for our investigation is pretty broad statement. If there's no reasonable basis for even investigation certainly would be a basis to bring charges for challenges facing Americans are substantial time and are now free to insert constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades.

ACLJ on the frontlines projecting your freedoms defending your rights and courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts. Well, this is the perfect time to stand with us ACLJ.where you can learn more about her life changing become a member today ACLJ only one.

A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition life will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question free copy of mission in life today online ACLJ/hundred 684-3110 is one line open right now to start dictating your phone because now you got any, with its former US attorney from both sides of this and it again. I think it's important to point out people have a lot of legal experience. Decades of legal experience and never seen anything like this before. This is not normal. This is not just getting to know because Mike Flynn and for ministry advisor it it it would be something that again you would you would take note of as attorneys if it was happening any in any case in any matter and this happens to be something very high-profile. The stakes are higher and you have to wonder if this judges didn't realize that I know for you that might be hard to imagine but you do have to understand these are senior judges in the in the federal court who are not used to getting the kind of attention that a District Court level where they get overturned or not by Court of Appeals. That doesn't mean that they have again needed defense attorney. That's the interesting part about this is that Court of Appeals was just what what what led you to think you had this authority to appoint someone like an former retired judge to come in and basically prosecute Mike Flynn when the prosecutors have filed a motion to say we were wrong.

There is not even a basis for our investigation that even a legal basis for our investigation. Let me go right to the phones 1-800-684-3110 is a good quest for Mary in Texas online for Mary Walker Jay Sekulow log on the air. I was just wondering will be picking up so attorney in this matter and this is the judge hired this person. It is his individual capacity, and he's marking himself down on the form that he filed in his you know it is own court system is found to the Court of Appeals Odyssey, but as an he's a respondent now, so he's actually put himself in a position yes he's has to respond to the writ of mandamus, but for legal term of art. He wasn't actually a respondent the matter mean that Court of Appeals often times suitcases back to district court judges they need to do this you do that you know what parties argue this her and then send your reasoning back on up and we may take we may not have a defense counsel help you answer that necessarily know it happens all the time.

Judges often reverse the order of the case is remanded that if the placement back for further elucidation of the judge as to why he did what he dinner for home or hearing. That doesn't mean you go hire, judge, and it certainly shouldn't be at the government's expense. On the day you hiring a law lawyer. I made this event at the government's expense. You don't need, you know, you think you need counsel.

I can't believe that you do, but I mean there to answer the callers question directly.

That shouldn't be at the government's expense that should be a judge Sullivan expense why you do need a lawyer to deliver a peak and just rule himself and not to. I'm sure you have the answer 24 years suddenly needs a lawyer to explain to him what he ought to do and responding to the DC circuit.

There's something here Jordan, that doesn't smell right surely set a single question on this site in Tennessee online to we kind of touched on this. I know I was still in the air early last week and then the previous week about the tent timing because you don't know who's going to be in charge of the partner.

Justice come January of next year and again Charlie bucket Jay Sekulow Lodge on the call scheduled to be delaying tactic Democrat when the November different Department of Justice might decide to bring the charges back against plant and would not be possible can I overrule this department of death that's the timing so long time.

That's the first part will be a long time to delay you see how long these cases can take obviously with general Flynn just been going on since day one. Basically the Trump administration, but this would be an awfully long time for judge to delay. We got now the Court of Appeals understand that may be wise. Maybe that's part of the reason to is that his attorney is if that was his mindset that's wrong to Shirley that will be wrong and an actionable, potentially putting the judge and potential legal jeopardy. Even if if he was making decisions based off politics and oh yeah I mean you know you overstepped their bounds and you violate someone's civil rights you can't hide behind judicial immunity and say that if it comes out that what you were trying to do was just drag this thing out.

So the new administration comes in and then revokes the Atty. Gen. bar's decision not to prosecute. Which by the way, they could do if they wanted to because you got, you know, new pre-theology that could happen come January 20 of next year, depending upon what the election is in the judge Sullivan is part of the dragging out process. I'd be looking at that. If I was Sidney Powell on behalf of Judge Flynn real hard doesn't look like the Court of Appeals now standing varsity season. Let him get away with that we know in Washington is often a delete when you look at a criminal case you always should imagine what it was. This happiness was on the other foot and and it puts people in tough situations, but it's almost word appoint washing that's and that's this thinking just doesn't go there yet we be looking at it very different dynamic. I guarantee it. During the look I would tell this to the caller.

This it might be a long time delay in general. Flynn's case, but I'm one of those he thinks that there's gonna be multiple cases coming out of John Durham's office. I think one of them is can be against Jim call me.

I really do Jordan, I thought that for a while. I think the evidence is overwhelming and I think there will be a case against him, and many others in it in the future. Those cases will be relatively new Jordan so if there's a new administration. If there's a new Atty. Gen. Guess what that article to branch under a different President will have prosecutorial decision-making authority and they may make different decisions, they likely would make different decisions in this case it's not how it's supposed to work necessarily Jordan justice is supposed to be blind but if you don't want a different administration or different Atty. Gen. making these prosecutorial decisions that can be on the ballot in November. Jordan just as I was going to Angela in Connecticut on line 5 and that is a good question for you Angela. Luckily Jay Sekulow log on their thank you for taking my call.

I might have judge Sullivan done unprecedented for any judge to particularly on his level to do already. What was happened in this case is unprecedented. So this was unprecedented from the start, when he instead of just I get a ruling on the motion that could be appealed to the Court of Appeals. You and he could be overturned in this matter to still ended up you don't like Flynn could've seen justice, but he could make that decision on the motion. He didn't have to appoint a outside former retired judge. So from that there right from the start and end judge Sullivan can point any precedent for this he had to go to civil civil rules of procedure to find any similar that the right door near field of the local rules of the civil branch of the District Court but yet there's two unprecedented things here that I've seen so far, one that he appointed a judge to argue against the Department of Justice's motion and canoe that he hired his own lawyer to defend them or to speak for him. When the Court of Appeals ordered him to explain himself. I have been practicing law for 45 years. I've never seen a judge, hire a lawyer to help them make a ruling never never seen this before supposed just understand this is not's. This is not normal and we when you see the Department of Justice coming forward. We know for beginning this has stunk from the beginning, but now it's not just taking people from outside the government's view of this people inside the actual government and sees himself now you have the witness part of the separation. This confuses everything when the judge is now saying he's a respondent to the writ of mandamus in his got a lead counsel is bizarre to even say to reach out to you and I'm looking at this because the Circuit Court didn't say we think you you've done something where you can go to jail or he's not being accused of something or he would, you know that the actions could be.

He gets overturned District Court judge.

It happens outside but sometimes if you go here different parts the case in and all he was asking this essay, explain yourself.

Explain your reasoning behind why you thought it was okay to put forward a two appoint someone to prosecute Mike Flynn. What word you get this and really to take what he said to Satan ago that inherent authority expand on it, and the Court of Appeals probably was said wrong right and move for but there's got to be something else going on with this judge and to me there's Artie so much going on with the FBI agents were involved in starting this and what there is already here. The issues and and now that some of them are getting subpoenas from the Senate Judiciary Committee and from Chairman Grant but but to me, so eat it all.

Stick it all reeks of deep state action and again, which is high profile names who thought that they constantly are used to comment a lot now suddenly they're silent again this to me again.

It just it really is read from the beginning, but it's still shocking Jordan, I think it's the same actions from a different portion of the federal government mean back of the closing memo we talked about earlier found that there was quote no basis for an investigation." The FBI is closing this investigation and yet Peter Strock and Jim call me did the exact opposite. In this case. Judge Sullivan is told by the higher court know you are wrong. Go reconsider this do the right thing and he ignores that it's the same action. It's just from a different seat. I post 1-800-684-3110 at 2000 684-3110 lot calls you answer all those we come back on Jay Sekulow life. Only when a society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice defend the right to life. We've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question for copy mission life today online ACLJ/challenges facing Americans for substantial time and are now free to start constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades.

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Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing, member today ACLJ Jay Sekulow final Secretary of State taking more of the phone calls great questions coming for folk say this, my wanted. Terry can let this sink in here. The analysis because when I would see on TV as you make it like three minutes here this one are maybe a five minute segment another hour and so if you were watching, then this might not break through the Cova 19 into a full analysis and so I wanted to do that for you today. As we continued again to seek just unprecedented actions we was.

It was bizarre to see the news at the judge had hired someone so high-profile and usually when you're being accused of something, some have crime and to bring them into. I guess respond for him and to file an action in a case like this while you still sitting judge in the criminal case. Let's go right to the phones Allison Washington state online. Six. Alice Walker Jay Sekulow log on their taking my call. My question is what happened to our clean blankets of the government we have executive, legislative, and judicial and it just seemed like the line are no longer delineate that governors making laws. We've got this judge deciding you know laws.

Not that this job is to rule on the laws but actually making laws. I'm unconcerned. What should we do to get back to our Constitution.

I do think gross election consequences these judges to get appointed for the lifetime but the President gets to make those appointments when their vacancies and so I get the sick appointee from President Clinton's is been on the court a long time at the trial court level where I give what is the criminal matter. You think that even if there was politics at play in in any of the shows bicycle issues like that involve abortion issues like that that would become sexual criminal case against any American that they should all be treated the same way by the judge Jordan to answer the callers question directly. The thing is to elect a President who will appoint a judge who will follow what an article 3 judges going to do that is not being a legislator that is not making a prosecutorial decision which is the executive branch of the decision to make is ruling on motions before you and if you reversed your reverse and you do what the appellate court tells you to do. If they tell you to explain yourself and you don't go out hiring a lawyer, so the remedy here is hiring is electing a President who will appoint judges who follow the Constitution and the and understand the distinction between the three branches of government. Judge Sullivan might want to be US Attorney my one of the Atty. Gen. and he might be great if both of those, but he's not those positions are already filled.

He needs to stick to be in the district judge and ruling on motions Gloria and Marilyn on line 3 glory Jay Sekulow log on their thank you for taking my call. As I understand it from listening to your program. Once the writ of mandamus was sent to the three-judge court they could hold against Landon and then his attorney would've had an option to take it to the Supreme Court.

I understand they also could have just ruled the judge was wrong, the end of it. So my question is why are they inviting him to give them an explanation. It just seems to me that prolonging this place is pretty quick. First court action.

You get this and within 10 days, including a holiday federal holiday. Yes, it was a mortal day and in the midst of Cova 19 all the things that everybody is facing operating in trying to get back to fully operational is and that is the writ of mandamus itself is a Ritz is to require some kind of response from the judge so that that would be than this would this would be if there was normal to say it snow was not normal it to have this habit, the normal would be that that this is to show cause Yamane telling the judge will order you to do something and I think the reason they did that instead of just reversing him. They could've done and ordered him to enter the plate rather to withdraw the plea and vacated if they were giving them an opportunity to save face and they said to him explain yourself instead he goes off on the lemon honors a little Washington lawyer to advise them on the deliberative process that he engaged into in making his rolling that's wrong that's not what he supposed to do judges rule on motions before if it was a child custody case, the father of the mother get the child in your before the judge.

The judge doesn't go and say I think I need to go hire me a lawyer to give me some advice on how to rule on this which is supposed to do is supposed to rule Scott South Carolina online for Hayes, Jay Sekulow life got thank you. Quick question, why can't our great President fired Judge Sullivan similarly to the way Clinton fartlek 51 federal judges, you cannot fire against the federal judges once they are appointed you to appoint them when there are vacancies as President, the Senate has to go through the confirmation process. Usually at these again.

These would not be names usually heard of it. If you even pay attention to the courts maybe focus on Supreme Court justices and asthmatic name lies within the legal world.

Of course this District Court judges play extremely important role because he put together the record for the entire case even though there's appellate process.

But this is important fan because it speaks to the political ramifications of all this is that you get to a point when there's vacancies there there almost always are at the in the District Court level Court of Appeals level but you don't not get to then step in as the executive branch because we except were supposed that the separation of powers and step on judges whether you like the decisions are not. These are all very careful balances between the articles during there's a reason that the article 3 branch wasn't given prosecutorial authority, it's because they're the least accountable to the voters.

It wasn't just an accident. There's also a reason that the head of the article to branch the President can't just fire judge because you want them to have independence. That's why there would be an impeachment proceeding which would bring in the third branch cc dirt. And you know this well but just to the callers point there is a very delicate balance here, and that's what makes Judge Sullivan's actions in this case, in my view Jordan so egregious because they don't just impact general Flynn. They threatened the very delicate balance and to Annie's point about them offering him a face-saving measure. I think that's exactly what they did.

They showed restraint when he did not been Jordan.

It's only face-saving if he keeps it at this point, it does look like he's taken them up on that opportunity. Whitney in Texas on line 5, when he will have Jay Sekulow live starting arbiter so clearly biased against general Flynn. I was wondering based on past commands in a court action teams will be compelled to be keys that would not be recuse at that point and it this again. He gets into bizarre territory.

Almost.

You have to find the judge did something illegal that would be its refusal to more it would not mean you have to find that he overstepped his bounds for political reasons and did something that was horrible which who knows what may be uncovered by the fact that recusal is what it judge should do when he or she has gotten so personally interested in the case that they can't be a new or neutral arbiter, and I think that Sullivan probably should've recused himself early on iPhone settled in force today on Jay Sekulow life watches very closely to this, I did interview for CBN news or radio broadcasts that and I said I don't think next week would have the same things which change again. There's a lot of moving parts and that's just because his sponsors do Monday like this again.

This can all be changing tomorrow.

Stay with us the week on Jay Sekulow good ACL genome is most aptly with all the work you were doing in ACLJ.org.

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