Andy McCarthy reacts to judge delaying decision on Michael Flynn case
Judge Emmet Sullivan is allowing ‘friends of the court’ submissions from outside groups in the case of security adviser Michael Flynn; reaction and analysis from former assistant U.S. attorney and Fox News contributor Andrew McCarthy.
Former federal prosecutor Andy McCarthy told “America’s Newsroom” on Wednesday that the federal judge presiding over the case of ex-national security adviser Michael Flynn has been “so unhinged on this case.”
McCarthy, a Fox News contributor, made the comment a day after D.C. District Court Judge Emmet Sullivan angered critics Tuesday by saying he would not immediately rule on the Justice Department's decision to dismiss its criminal case against Flynn and issued an order indicating he would soon accept "amicus curiae," or "friend of the court" submissions, in the case. The move drew immediate scrutiny and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.
“Judge Sullivan, who has been so unhinged on this case that he originally characterized it as a treason case, decided this was just a peachy idea so now he’s inviting basically an anti-Trump group therapy session,” McCarthy said.
“All the lawyers out there who want to file amicus briefs are invited to do that,” he went on to explain, adding “It will make no difference in the end but it will just drag the process out.”
Host Ed Henry then asked McCarthy “Where has he [Sullivan] been on some of these Trump-era issues?”
“I think he can be a very hard-nosed judge when he decides to roll up his sleeves and do his work. He can be very engaged and he can do a fine job,” McCarthy said in response.
He went on to explain why he thought that “in this particular case” involving Flynn, Sullivan did not act that way.
McCarthy noted that Sullivan inherited the case after Flynn pleaded guilty to making false statements to the FBI regarding his communications with Russian Ambassador Sergey Kislyak. Earlier this year, Flynn moved to withdraw his guilty plea.
“And at the time that he got the case, the prosecutors were recommending no jail time,” McCarthy said, adding that still “Judge Sullivan comes out, basically calls it a treason case” and then claimed Flynn sold out his country, “which is nuts.”
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“So Judge Sullivan can do a good job when he decides to go do a good job. I don't think he’s done a particularly good job on this case,” McCarthy said.
Fox News’ Gregg Re contributed to this report.
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