Napolitano: 'Treason' Statement to Flynn Team 'The Most Incendiary Thing a Judge Could Say'
Judge Andrew Napolitano said Wednesday that Judge Emmet Sullivan made "the most incendiary [statement] you could possibly say" with "zero evidence" when the Clinton appointee addressed Gen. Michael Flynn and his legal team and asked if their client had committed treason.
U.S. District Judge Emmet G. Sullivan unleashed on Flynn, the former Trump administration official who had admitted lying to the FBI about his communications with Russian Ambassador Sergey Kislyak.
“Arguably, you sold your country out!” Sullivan said to Flynn before suggesting that his wrongdoings were treasonous.
Napolitano said that in his history as a state judge in New Jersey, he ruled on more than 1,000 cases of all types of crimes, but knew that "you have to be temperate and measured and sober in your demeanor."
"You can't go off on them... you can't misstate a fact," Napolitano said.
Napolitano said that in Sullivan's defense, he must've been so "taken aback" by the public murmuring about Flynn that he spoke out, but took his response to the extreme.
Sullivan postponed Tuesday the sentencing of Flynn - citing his unfinished cooperation with Special Counsel Robert Mueller - but not before offering scathing comments, including asking prosecutors whether Flynn committed treason.
In a hearing that Fox News' Catherine Herridge described as "one of the most dramatic" she has ever seen, Sullivan repeatedly asked Flynn's lawyers if he wished to withdraw his guilty plea over acccusations of misconduct by the FBI.
Flynn stood by his guilty plea for making false statements to the FBI in a Jan. 2017 interview at the White House.
"He then took the treason statement back," Napolitano added.
Napolitano added that Sullivan separately ruled against the Trump administration on a case involving asylum seekers sent back to their home country under a rule imposed by former Attorney General Jeff Sessions.
He said Sullivan ruled that fleeing gang violence and domestic violence is the moral equivalent of fleeing government oppression -- the latter of which is a legitimate asylum claim.
However, Napolitano added that American immigration judges may not accept that argument on a case-by-case basis, because many of the migrants had the option to claim asylum in Mexico before they made it to the United States.
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