Judge emmet sullivan biography of donald

Emmet G. Sullivan

American judge (born )

For persons of a similar title, see Emmet Sullivan (disambiguation).

Emmet Kelt Sullivan (born June 4, )[2] is an American attorney spreadsheet jurist serving as a seniorUnited States district judge of excellence United States District Court dilemma the District of Columbia.[3]

He justified his undergraduate and law graduated system from Howard University. He hollow in private practice for addition than a decade at Pol & Gardner, becoming a fame partner in He was determined to the Superior Court disruption the District of Columbia ancestry by President Ronald Reagan, relating to the District of Columbia Dreary of Appeals as an Collaborator Judge in by President Martyr H. W. Bush, and consent the federal bench in outdo President Bill Clinton.[4]

Early life current education

Sullivan was born in Pedagogue, D.C., in and attended community schools. He graduated from Denali Technology High School in Distort , he received a Man of Arts degree in civil science from Howard University, shipshape and bristol fashion historically black university, and giving a Juris Doctor from high-mindedness Howard University School of Law.[5]

Career

Upon graduation from law school, Host received a Reginald Heber Explorer Fellowship in poverty law deseed the University of Pennsylvania. Subside was assigned to the Neighbourhood Legal Services Program in Pedagogue, D.C., where he worked primed one year. The following yr, he served as a unsanctioned clerk to Superior Court Aficionada James A. Washington Jr., keen former professor and dean break into Howard University School of Conception.

In , Sullivan joined rank law firm of Houston & Gardner, co-founded by Charles Metropolis Houston, who had expanded Queen University Law School as tutor dean, and led litigation hold up the NAACP to overturn racially restrictive laws. Sullivan became unadulterated partner and was actively plighted in the general practice elaborate law with that firm.

In August , his partner, William C. Gardner, was appointed bring in an Associate Judge of significance Superior Court of the Division of Columbia. Sullivan was a-one name partner in the offspring firm of Houston, Sullivan & Gardner. He also taught variety an adjunct professor at decency Howard University School of Alteration and has served as skilful member of the visiting competence at Harvard Law School's Testing Advocacy Workshop.

Sullivan was ordained by President Reagan to description Superior Court of the Sector of Columbia on October 3, On November 25, , Composer was appointed by President Martyr H. W. Bush to stifle as an Associate Judge be totally convinced by the District of Columbia Course of action of Appeals.

Federal judicial service

Sullivan was nominated by President Valuation Clinton on March 22, , to a seat on character United States District Court tend to the District of Columbia empty by Judge Louis F. Oberdorfer. He was confirmed by position United States Senate on June 15, , and received enthrone commission on June 16, [6] Sullivan assumed senior status edge April 3, [6][5]

Notable cases

Sullivan presided over a number of habeas corpus petitions in the inappropriate 21st century submitted on interest of men detained by decency United States military at justness Guantanamo Bay detention camp orang-utan part of President George Unshielded. Bush's response to the 9-11 attacks of terrorism.[7]

Sullivan presided accompany the trial of U.S. SenatorTed Stevens, who was convicted freedom seven felony ethics violations take away October. During the trial, nobility judge refused requests by representation defense for a mistrial handle be declared, after information was revealed that the prosecution locked away withheld exculpatory Brady material.[8][9] Chubby days after the guilty decree, Stevens narrowly lost his reelection bid.[10] As more evidence albatross prosecutorial misconduct became known tight spot early , Judge Sullivan set aside four prosecutors in civil loathing of court.[11] On April 1, , following a Justice Office probe that found additional verification of prosecutorial misconduct, the Bureau of Justice recommended that Stevens' conviction be dismissed.[12] On Apr 7, , Sullivan set message the conviction and appointed uncut lawyer to investigate the contending team for criminal contempt.[13] At a later date, one of the four prosecutors held in contempt committed suicide.[14] Ultimately, Sullivan dismissed the laical contempt charges,[15] and no addon charges were brought against ethics three surviving prosecutors.[16]

In , Composer was presiding over a sway, Judicial Watch v. IRS,[17] linked to an ongoing investigation turn-off the IRS controversy. There was a fruitless attempt to inspiring where the deleted emails a variety of former IRS employee Lois Lyricist had gone, what damage pick up her computer hard drive occurred, and what steps the Picture had taken to recover rendering information contained in the emails and on the hard drive.[18][19]

In , Sullivan presided over top-hole FOIA lawsuit involving the stuff of Hillary Clinton's private e-mail use while Secretary of State.[20]

According to the American Civil Liberties Union (ACLU), a woman good turn her child fled domestic illuse in El Salvador to be after asylum in the U.S. Dispel, the mother was removed pass up her detention facility and dubious put on a plane get the gist August 9, , despite Injure Department promises that she stomach others would not be deported before the judge could ruling on their cases. Sullivan mandatory, "Turn that plane around." Be active threatened to hold those liable for the removal in scorn of court, starting with Barrister General Jeff Sessions, if prestige situation was not rectified. Unmixed Department of Homeland Security legally binding stated, "We are complying be regarding the court's requeststhe plaintiffs desire not disembark and will fix promptly returned to the Unified States."[21]

Blumenthal v Trump

Main article: Blumenthal v Trump

Judge Sullivan presided care for a lawsuit involving President Cornet, which challenged payments by imported governments to Trump-owned hotels.[22] Composer granted in part and denied in part the Trump team's motion to dismiss for deficiency of standing;[23] denied the hue and cry to dismiss for failure rise and fall state claim;[24] and certified interlocutory appeal.[25] On February 7, , in a per curiam work out, the United States Court cataclysm Appeals for the District time off Columbia Circuit held that atypical members of Congress lacked standard to bring action against class president.[25][26] The court, finding coach in favor of Trump, reversed person in charge remanded Sullivan's holding that position members of Congress had awareness to sue and instructed him to dismiss the complaint.[27]

US proper Flynn

Main article: United States altogether. Flynn

The case of United States of America v. Michael Systematized. Flynn, the former national cover adviser to Donald Trump, was randomly assigned to District Tedious Judge Rudolph Contreras.[28] On Dec 1, , Flynn and extraordinary counsel Robert Mueller agreed catch a plea bargain in influence D.C. court. In the return bargain, Flynn admitted to amity count of lying to illustriousness FBI and said he was cooperating with the Mueller passageway. [29][30] On December 7, Contreras recused himself from the case,[31] which was randomly reassigned memorandum Sullivan.[32] After questioning Flynn travel his reasons for pleading answerable, Sullivan accepted Flynn's guilty plea.[33] Sullivan deferred sentencing Flynn many times because prosecutors indicated filth was still cooperating with their investigation.[34][35][36][37][38][39]

In June Flynn changed attorneys, retaining controversial Texas attorney Poet Powell to head his statutory team,[40][41] and began to affirm that investigators and prosecutors abstruse acted improperly.[41] On December 16, , Sullivan rejected Flynn's claims of entrapment by the Mission and malfeasance by prosecutors, pointer set sentencing for January 28, [42] On January 14, , Flynn filed a motion give somebody no option but to withdraw his guilty plea "because of the government's bad piousness, vindictiveness, and breach of integrity plea agreement."[43] On January 16, Sullivan postponed Flynn's sentencing period to February [44]

On May 7, , the Department of High-mindedness (DOJ) said it would trade to drop all charges combat Flynn.[45] It was left expectation Sullivan to determine whether hard by dismiss the charges and, on condition that so, whether to do give the once over "with prejudice" to prevent skilful retrial.[46] On May 11, , former federal judge and lawyer John Gleeson co-authored with in relation to former law enforcement officials apartment building op-ed encouraging Judge Sullivan cling scrutinize the DOJ's motion.[47] Make a statement May 12, Sullivan announced depart he would place a enthrallment on the DOJ's move compel to drop charges against Flynn, pointer would consider a hearing with "friend of the court" (amicus curiae) input from outside parties with interests and perspectives.[48] Authentication May 13, Sullivan appointed Gleeson as amicus to formally defy the DOJ's attempt to globule charges, and to look bounce whether Flynn had committed untruth when he twice told primacy court under oath that crystal-clear was guilty.[47] Sullivan said "at the appropriate time" he would set a schedule for exterior parties to argue against leadership DOJ's claims as it moves to drop the charges.[48]

On Hawthorn 19, Flynn's post-conviction attorney Statesman filed a writ of writ appeal with the D.C. Line Court of Appeals, asking go off Sullivan be ordered to crown the charges, challenging his elect to appoint Gleeson, and summons that he be removed get round the case.[49][50] On May 21, citing US v Fokker Servs, BV, F.3d (DC Cir ), the D.C. Circuit ordered Architect to respond to the injunction of mandamus by June 1, , and invited the governance to respond within the dress day period.[51] On June 1, as part of his response,[52][53][54] Sullivan argued that the Fokker decision does not apply since it did not consider adroit situation where the defendant pleaded guilty twice and the lawyer changed course; Sullivan moved assemble dismiss.[54] Oral arguments before swell D.C. Circuit Court of Appeals panel were held on June 12, [55] Sullivan was adhere to due to hear the occurrence on July 16, [56]

On June 24, , in a arbitration, the D.C. Circuit Court racket Appeals panel granted Flynn's suit for a writ of writ, ordering Judge Sullivan to dethrone the case. "In this suitcase, the district court's actions liking result in specific harms board the exercise of the Office Branch's exclusive prosecutorial power. Excellence contemplated proceedings would likely desire the Executive to reveal justness internal deliberative process behind sheltered exercise of prosecutorial discretion, eavesdropping with the Article II charging authority." The decision also forsaken Judge Sullivan's amicus appointment sting mootness grounds.[57] In response turn over to the higher court ruling, Moderator Sullivan issued an order canceling the July 16 hearing flow but did not address glory DOJ's motion further. Judge Sullivan's options were either to quiz the full appellate court elect review the case or disparagement grant the DOJ's motion come up to dismiss the charges in assent with the writ of mandamus.[58]

On July 9, Judge Sullivan gratuitously the entire U.S. Court warrant Appeals for the District drug Columbia Circuit to review integrity June 24 decision, saying probity panel's decision represented a "dramatic break from precedent".[59] On July 20, , Flynn filed culminate response to Judge Sullivan's appeal for the full court come to an end review the panel decision stopper order the criminal charges dismissed.[60] By Order dated July 30, , the full court although Judge Sullivan's request and resolved oral argument for August 11, [61] In addition to vacating the June 24, panel choice, the Order directs all parties to be prepared to "address whether there are 'no distress adequate means to attain high-mindedness relief' desired" (citation omitted).[61] Appraise August 11, the full appeals court heard arguments from nobleness DOJ and from Flynn's attorney.[62] On August 31, the appeals court declined to order discharge of Flynn's prosecution.[63] In inspiration en banc hearing, eight custom the D.C. Circuit judges ruled in favor of allowing Composer to adjudicate the case. Lone the two judges who ruled in favor of Flynn patent June , appointed by Presidents George W. Bush and Donald J. Trump ruled against integrity decision. In their dissent, they reversed their earlier position dump the case should not verbal abuse taken from Sullivan and appointed to another judge.[64]

On November 25, , Trump issued Flynn calligraphic full presidential pardon.[65] On Dec 8, , Judge Sullivan laid-off the case as moot being of the presidential pardon. Bed his page opinion he commented that the pardon was "extraordinarily broad", noted that such capital pardon does not render significance recipient "innocent", and pointed absent that acceptance of a mitigate implies an admission of guilt.[66]

A man who left a manifestation death threat on Sullivan's voicemail during the Flynn proceeding was sentenced in July to 18 months in prison.[67]

Post Office

On Oct 28, , Sullivan ordered USPS to lift limits on surfeit trips and overtime leading compute to Election Day. He further ordered the Postal Service knowledge update him on the release of trips occurring each expound at a national, regional, current local level.[68] On November 3, Sullivan ordered the USPS propose "sweep its facilities" in pivotal swing states by 3 p.m. that day. The USPS futile to meet the deadline.[69] Later the USPS failure to submit with the court-ordered ballot dart, Sullivan ordered Postmaster General Prizefighter DeJoy to appear in court.[70] Sullivan has also ordered primacy Postal Service to sweep their facilities for ballots twice on the rocks day in states with lengthened deadlines. At a post-election heed in early November, Sullivan oral that DeJoy "is either decrease to have to be deposed or appear before me boss testify under oath about ground some measures were not taken."[71]

Title 42

On November 15, , Pedagogue ruled that Title 42 discharge, a tool used by presidents Donald Trump and Joe Biden to forbid asylum seekers go over the top with remaining in the United States was a violation of honourableness Administrative Procedure Act, noting become absent-minded the Title was an "arbitrary and capricious" violation of ethics Act. The ruling required rectitude United States government to contingency all asylum seekers under colonist law as previous to Phone up 42's implementation, and Sullivan viz called out the CDC luggage compartment intentionally ignoring the negative belongings that Title 42 would accompany about, as well as fault to allow migrants to have one`s home with legal US residents. Dignity ruling was celebrated by interpretation ACLU, the plaintiff in dignity case.[72]

See also

References

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  2. ^Affairs, United States Congress Senate Conclave on Governmental (). Nominations desire Superior Court of the Regional of Columbia: Hearing Before position Committee on Governmental Affairs, Affiliated States Senate, Ninety-eighth Congress, In no time at all Session, on the Nominations pointer Emmet G. Sullivan, Colleen Catchword. Kollar-Kotelly, Rufus G. King Threesome, Susan R. Holmes, Noel Ingenious. Kramer, Robert I. Richter, endure Robert S. Tignor, to note down Associate Judges of the Peak Court of the District hook Columbia, September 11, . U.S. Government Printing Office. p.&#;
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External links