Appearing on Fox News with Sean Hannity, Mark Levin blasted District Judge Emmet Sullivan for his handling of the Michael Flynn case.
Fox News reports earlier this week, Sullivan appointed former New York federal judge John Gleeson to submit a brief opposing the Justice Department’s (DOJ’s) motion to dismiss the case against Flynn and considering whether Flynn could be held in contempt of court for perjury.
Levin addressed Sullivan, saying he needs a “case or controversy” to continue proceedings against Flynn.
“You don’t have a case and you don’t have a controversy,” he said. “The parties have dropped out. The parties want to get out. You don’t have the right to continue to do what you are doing.”
Levin also characterized Gleeson’s appointment as akin to Sullivan asking a “homeless guy” or fast-food worker to submit their formal opinion of Flynn to the court.
“Another backdoor way to violate the Constitution,” Levin exclaimed. “Judge [Sullivan], you expect us to follow your rulings and your opinions? You think you are the law? The United States Supreme Court … in the unanimous decision … written by Ruth Bader Ginsburg took a situation like this where the Ninth Circuit was using amicus curiae/friend of court briefs to change the nature and position the case — not what the parties were fighting over but what the court wanted them to fight over.
“This judge is a rogue judge. He’s out of control, he should recuse himself but he is too damn arrogant and he won’t,” said Levin, who added that Flynn’s Fourth Amendment rights have been or likely will be violated.
“This judge lacks jurisdiction to do what he is doing, according to the United States Supreme Court [and] according to the United States Constitution. And if he wants to be an Obama flunky and a NeverTrumper, then take your black robe off, judge, leave the courtroom and join the rest of us,” he continued.
“But if you are not going to conduct yourself like a serious judge, you either recuse yourself, resign, or the [DOJ] has to go over his head to the D.C. Circuit [of Appeals] and get him the hell off this case.”