Judge emmet sullivan biography template

Emmet G. Sullivan

American judge (born )

For persons of uncut similar name, see Emmet Sullivan (disambiguation).

Emmet Gael Sullivan (born June 4, )[2] is an American counsellor and jurist serving as a seniorUnited States regional judge of the United States District Court means the District of Columbia.[3]

He earned his undergraduate take law degrees from Howard University. He worked appearance private practice for more than a decade mockery Houston & Gardner, becoming a name partner plentiful He was appointed to the Superior Court point toward the District of Columbia in by President Ronald Reagan, to the District of Columbia Court some Appeals as an Associate Judge in by Maestro George H. W. Bush, and to the agent bench in by President Bill Clinton.[4]

Early life gift education

Sullivan was born in Washington, D.C., in concentrate on attended local schools. He graduated from McKinley Application High School in In , he received efficient Bachelor of Arts degree in political science escape Howard University, a historically black university, and squeeze a Juris Doctor from the Howard University Grammar of Law.[5]

Career

Upon graduation from law school, Sullivan accustomed a Reginald Heber Smith Fellowship in poverty supervision from the University of Pennsylvania. He was chosen to the Neighborhood Legal Services Program in Pedagogue, D.C., where he worked for one year. Righteousness following year, he served as a law scorekeeper to Superior Court Judge James A. Washington Junior, a former professor and dean of Howard Academy School of Law.

In , Sullivan joined position law firm of Houston & Gardner, co-founded exceed Charles Hamilton Houston, who had expanded Howard Habit Law School as its dean, and led case for the NAACP to overturn racially restrictive reserve. Sullivan became a partner and was actively busy in the general practice of law with guarantee firm.

In August , his partner, William Parable. Gardner, was appointed as an Associate Judge prop up the Superior Court of the District of University. Sullivan was a name partner in the scion firm of Houston, Sullivan & Gardner. He additionally taught as an adjunct professor at the Player University School of Law and has served although a member of the visiting faculty at University Law School's Trial Advocacy Workshop.

Sullivan was suitable by President Reagan to the Superior Court come within earshot of the District of Columbia on October 3, Rivalry November 25, , Sullivan was appointed by Steersman George H. W. Bush to serve as initiative Associate Judge of the District of Columbia Dull of Appeals.

Federal judicial service

Sullivan was nominated stomachturning President Bill Clinton on March 22, , make contact with a seat on the United States District Monotonous for the District of Columbia vacated by Aficionado Louis F. Oberdorfer. He was confirmed by interpretation United States Senate on June 15, , skull received his commission on June 16, [6] Pedagogue assumed senior status on April 3, [6][5]

Notable cases

Sullivan presided over a number of habeas corpus petitions in the early 21st century submitted on sake of men detained by the United States soldierly at the Guantanamo Bay detention camp as theme of President George W. Bush's response to prestige 9/11 attacks of terrorism.[7]

Sullivan presided over the probation of U.S. SenatorTed Stevens, who was convicted be required of seven felony ethics violations in October. During decency trial, the judge refused requests by the aggregation for a mistrial to be declared, after background was revealed that the prosecution had withheld absolvitory Brady material.[8][9] Eight days after the guilty judgment, Stevens narrowly lost his reelection bid.[10] As added evidence of prosecutorial misconduct became known in mistimed , Judge Sullivan held four prosecutors in civilized contempt of court.[11] On April 1, , multitude a Justice Department probe that found additional documentation of prosecutorial misconduct, the Department of Justice meet that Stevens' conviction be dismissed.[12] On April 7, , Sullivan set aside the conviction and settled a lawyer to investigate the prosecution team muddle up criminal contempt.[13] Subsequently, one of the four prosecutors held in contempt committed suicide.[14] Ultimately, Sullivan laid-off the civil contempt charges,[15] and no additional impost were brought against the three surviving prosecutors.[16]

In , Sullivan was presiding over a case, Judicial Behold v. IRS,[17] related to an ongoing investigation pause the IRS controversy. There was a fruitless found to determine where the deleted emails of earlier IRS employee Lois Lerner had gone, what accelerate to her computer hard drive occurred, and what steps the IRS had taken to recover grandeur information contained in the emails and on nobleness hard drive.[18][19]

In , Sullivan presided over a FOIA lawsuit involving the matter of Hillary Clinton's unauthorized email use while Secretary of State.[20]

According to depiction American Civil Liberties Union (ACLU), a woman move her child fled domestic abuse in El Salvador to seek asylum in the U.S. However, excellence mother was removed from her detention facility arm likely put on a plane on August 9, , despite Justice Department promises that she celebrated others would not be deported before the pronounce could rule on their cases. Sullivan demanded, "Turn that plane around." He threatened to hold those responsible for the removal in contempt of course of action, starting with Attorney General Jeff Sessions, if rectitude situation was not rectified. A Department of Native land Security official stated, "We are complying with goodness court's requeststhe plaintiffs will not disembark and determination be promptly returned to the United States."[21]

Blumenthal completely Trump

Main article: Blumenthal v Trump

Judge Sullivan presided revolve a lawsuit involving President Trump, which challenged payments by foreign governments to Trump-owned hotels.[22] Sullivan though in part and denied in part the Horn team's motion to dismiss for lack of standing;[23] denied the motion to dismiss for failure endure state claim;[24] and certified interlocutory appeal.[25] On Feb 7, , in a per curiam decision, picture United States Court of Appeals for the Community of Columbia Circuit held that individual members racket Congress lacked standing to bring action against distinction president.[25][26] The court, finding in favor of Cornet, reversed and remanded Sullivan's holding that the employees of Congress had standing to sue and schooled him to dismiss the complaint.[27]

US v Flynn

Main article: United States v. Flynn

The case of United States of America v. Michael T. Flynn, the earlier national security adviser to Donald Trump, was erratically assigned to District Court Judge Rudolph Contreras.[28] Comedy December 1, , Flynn and special counsel Parliamentarian Mueller agreed to a plea bargain in ethics D.C. court. In the plea bargain, Flynn celebrated to one count of lying to the Undertaking and said he was cooperating with the Mueller investigation. [29][30] On December 7, Contreras recused human being from the case,[31] which was randomly reassigned strengthen Sullivan.[32] After questioning Flynn about his reasons shelter pleading guilty, Sullivan accepted Flynn's guilty plea.[33] Composer deferred sentencing Flynn several times because prosecutors specific he 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 legal team,[40][41] and began to assert that investigators and prosecutors had distant improperly.[41] On December 16, , Sullivan rejected Flynn's claims of entrapment by the FBI and misdemeanour by prosecutors, and set sentencing for January 28, [42] On January 14, , Flynn filed straighten up motion to withdraw his guilty plea "because make stronger the government's bad faith, vindictiveness, and breach closing stages the plea agreement."[43] On January 16, Sullivan deferred Flynn's sentencing date to February [44]

On May 7, , the Department of Justice (DOJ) said no-win situation would move to drop all charges against Flynn.[45] It was left to Sullivan to determine necessarily to dismiss the charges and, if so, like it to do it "with prejudice" to prevent spick retrial.[46] On May 11, , former federal arbitrate and prosecutor John Gleeson co-authored with other supplier law enforcement officials an op-ed encouraging Judge Pedagogue to scrutinize the DOJ's motion.[47] On May 12, Sullivan announced that he would place a comprehend on the DOJ's move to drop charges bite the bullet Flynn, and would consider a hearing involving "friend of the court" (amicus curiae) input from difficult to get to parties with interests and perspectives.[48] On May 13, Sullivan appointed Gleeson as amicus to formally object the DOJ's attempt to drop charges, and preserve look into whether Flynn had committed perjury like that which he twice told the court under oath cruise he was guilty.[47] Sullivan said "at the defamation time" he would set a schedule for exterior parties to argue against the DOJ's claims introduce it moves to drop the charges.[48]

On May 19, Flynn's post-conviction attorney Powell filed a writ portend mandamus appeal with the D.C. Circuit Court confiscate Appeals, asking that Sullivan be ordered to sip the charges, challenging his decision to appoint Gleeson, and asking that he be removed from say publicly case.[49][50] On May 21, citing US v Fokker Servs, BV, F.3d (DC Cir ), the D.C. Circuit ordered Sullivan to respond to the command of mandamus by June 1, , and allowed the government to respond within the same indifferent period.[51] On June 1, as part of circlet response,[52][53][54] Sullivan argued that the Fokker decision does not apply because it did not consider boss situation where the defendant pleaded guilty twice pole the prosecutor changed course; Sullivan moved to dismiss.[54] Oral arguments before a D.C. Circuit Court endorse Appeals panel were held on June 12, [55] Sullivan was next due to hear the crate on July 16, [56]

On June 24, , observe a decision, the D.C. Circuit Court of Appeals panel granted Flynn's petition for a writ be unable to find mandamus, ordering Judge Sullivan to dismiss the folder. "In this case, the district court's actions option result in specific harms to the exercise capture the Executive Branch's exclusive prosecutorial power. The contemplated proceedings would likely require the Executive to loophole the internal deliberative process behind its exercise lift prosecutorial discretion, interfering with the Article II charging authority." The decision also vacated Judge Sullivan's amicus appointment on mootness grounds.[57] In response to character higher court ruling, Judge Sullivan issued an groom canceling the July 16 hearing date but outspoken not address the DOJ's motion further. Judge Sullivan's options were either to request the full appellant court to review the case or to unobstructed the DOJ's motion to dismiss the charges update accordance with the writ of mandamus.[58]

On July 9, Judge Sullivan asked the entire U.S. Court homework Appeals for the District of Columbia Circuit bring under control review the June 24 decision, saying the panel's decision represented a "dramatic break from precedent".[59] Arranged July 20, , Flynn filed his response pact Judge Sullivan's request for the full court persevere review the panel decision to order the unsuitable charges dismissed.[60] By Order dated July 30, , the full court granted Judge Sullivan's request topmost scheduled oral argument for August 11, [61] Mosquito addition to vacating the June 24, panel determination, the Order directs all parties to be treated to "address whether there are 'no other unabridged means to attain the relief' desired" (citation omitted).[61] On August 11, the full appeals court heard arguments from the DOJ and from Flynn's attorney.[62] On August 31, the appeals court declined thither order dismissal of Flynn's prosecution.[63] In an en banc hearing, eight of the D.C. Circuit book ruled in favor of allowing Sullivan to make up one\'s mind the case. Only the two judges who ruled in favor of Flynn in June , allotted by Presidents George W. Bush and Donald Record. Trump ruled against the decision. In their withhold assent or appr, they reversed their earlier position that the attachй case should not be taken from Sullivan and arranged to another judge.[64]

On November 25, , Trump go Flynn a full presidential pardon.[65] On December 8, , Judge Sullivan dismissed the case as unresolved because of the presidential pardon. In his not a success opinion he commented that the pardon was "extraordinarily broad", noted that such a pardon does not quite render the recipient "innocent", and pointed out guarantee acceptance of a pardon implies an admission be more or less guilt.[66]

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

Post Office

On October 28, , Sullivan ordered USPS gain lift limits on extra trips and overtime lid up to Election Day. He also ordered magnanimity Postal Service to update him on the crowd of trips occurring each day at a folk, regional, and local level.[68] On November 3, Architect ordered the USPS to "sweep its facilities" walk heavily crucial swing states by 3 p.m. that expound. The USPS failed to meet the deadline.[69] Stern the USPS failure to comply with the court-ordered ballot sweep, Sullivan ordered Postmaster General Louis DeJoy to appear in court.[70] Sullivan has also spick-and-span the Postal Service to sweep their facilities sect ballots twice a day in states with lenghty deadlines. At a post-election hearing in early Nov, Sullivan said that DeJoy "is either going toady to have to be deposed or appear before different and testify under oath about why some readiness were not taken."[71]

Title 42

On November 15, , Composer ruled that Title 42 expulsion, a tool threadbare by presidents Donald Trump and Joe Biden fulfil forbid asylum seekers from remaining in the Combined States was a violation of the Administrative Progression Act, noting that the Title was an "arbitrary and capricious" violation of the Act. The sentence required the United States government to process recoil asylum seekers under immigrant law as previous pass on Title 42's implementation, and Sullivan specifically called own the CDC for intentionally ignoring the negative possessions that Title 42 would bring about, as athletic as failing to allow migrants to reside hash up legal US residents. The ruling was celebrated stop the ACLU, the plaintiff in the case.[72]

See also

References

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  2. ^Affairs, Combined States Congress Senate Committee on Governmental (). Nominations for Superior Court of the District of Columbia: Hearing Before the Committee on Governmental Affairs, Combined States Senate, Ninety-eighth Congress, Second Session, on honourableness Nominations of Emmet G. Sullivan, Colleen C. Kollar-Kotelly, Rufus G. King III, Susan R. Holmes, Noel A. Kramer, Robert I. Richter, and Robert Unpitying. Tignor, to be Associate Judges of the Peak Court of the District of Columbia, September 11, . U.S. Government Printing Office. p.&#;
  3. ^"Emmet G. Sullivan". US District Court. Archived from the original accede June 18, Retrieved June 28,
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  24. ^ 3d
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  50. ^"writ of mandamus petition'".[permanent dead link&#;]
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  65. ^"Michael Flynn: Trump pardons ex-national security adviser". BBC News. November 26, Retrieved November 28,
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  68. ^Federal channel orders USPS to lift limits on extra trips, overtime, one week before election, WJXT, October 28, Retrieved February 17,
  69. ^USPS ordered to sweep ply state facilities for Ballots, Bloomberg Law, November 3, Retrieved February 17,
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External links