“Take this case away from this rogue, partisan, anti-Trump, pro-Obama judge,” Levin said during an appearance on Fox News’ “Watters’ World.” “Take it away from him and end this travesty.”
Levin even explained how Justice could go about seeking the removal of Judge Emmet Sullivan from the case involving Flynn, a former White House national security adviser who pleaded guilty in 2017 to lying to investigators — only to see the Justice Department drop the case earlier this month, citing concerns about how the FBI handled its questioning of Flynn.
“File a motion for prohibition with the Circuit Court in D.C.,” Levin advised, “and tell the Circuit Court this judge has no jurisdiction based on your prior opinion, based on the Supreme Court’s opinion.”
Sullivan, a D.C. District Court Judge, issued an unusual order Wednesday, appointing a law firm partner “to present arguments in opposition to the government’s motion to dismiss” the Flynn case — and to consider whether the court should hold Flynn in contempt for perjury.
The partner, retired federal Judge John Gleeson, has openly criticized the Trump administration’s handling of the case, raising concerns that he was selected to improperly bolster Sullivan’s efforts to keep the case alive — even though the Justice Department and Flynn want it dismissed.
Levin, the host of “Life, Liberty & Levin,” continued his argument for Sullivan’s removal.
“This judge is an eyewitness to the corruption. This judge has failed to handle this trial properly, for instance. The government is compelled to provide any exculpatory evidence and other information it has to the defense. It clearly did not,” Levin said. “It took a U.S. attorney from the eastern district of Missouri — under the watchful eye of the attorney general of the United States — to drag, like pulling teeth, this information out, which shows how corrupt this prosecution was.
“This judge is in Washington, D.C. He’s defying the Supreme Court,” Levin continued. “The D.C. Court of Appeals has done the same thing. He’s defying the court of appeals. He’s defying the wishes of the parties. And he’s violating the Fourth Amendment of the Constitution because he knows what was done to Flynn was an unreasonable search and seizure.”