Emmet Sullivan

Emmet Sullivan
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Current Court Information:
United States District Court for the District of Columbia
Title:	Judge
Station:	D.C.
Service:
Appointed by:	Bill Clinton
Active:	6/16/1994 - Present
Preceded by:	Louis Oberdorfer
Past post:	United States Court of Appeals for the District of Columbia Circuit
Past term:	1992-1994
Personal History
Born:	1947
Home State:	Washington, DC
Bachelors:	Howard University '68
Law School:	Howard University '71

Emmet G. Sullivan is a federal judge for the United States District Court for the District of Columbia. He joined the court in 1994 after being nominated by Bill Clinton.

Early life and education

Sullivan graduated from Howard University in 1968 and received his Juris Doctor degree in 1971.

Professional career

Sullivan began his career with two stints as a law clerk for the Neighborhood Legal Services Program of Washington, DC from 1971 to 1972 and for DC Superior Court Judge James Washington in the Superior Court of the District of Columbia from 1972 to 1973. Sullivan served ten years as a private practice attorney licensed in Washington, D.C. from 1974 to 1984 before becoming an associate judge in the Superior Court of the District of Columbia from 1984 to 1992 and also serving as an associate judge in the United States Court of Appeals for the District of Columbia Circuit from 1992 to 1994.

Judicial career

District of Columbia

Sullivan was nominated by President Bill Clinton on March 22, 1994 to a seat vacated by Louis Oberdorfer as Oberdorfer assumed senior status. Sullivan was confirmed by the U.S. Senate on June 15, 1994 on a majority voice vote, receiving his commission on June 16, 1994.

Notable cases

A notable case on this page needs to be updated.

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U.S. v. Stevens

In the case of United States v. Stevens, a federal trial of former Alaskan Senator Ted Stevens on corruption charge, Sullivan on April 7, 2009 called an extraordinary session of the court to set aside the guilty verdict issued by a jury against Stevens saying, "In 25 years on the bench, I've never seen anything approaching the mishandling and misconduct that I've seen in this case". U.S. Attorney General Eric Holder requested that Sullivan dismiss the verdict after acknowledging instances of prosecutorial misconduct.

Sullivan berated Justice Department officials for failing to turn over critical evidence to the defense team of the former Alaska U.S. Senator both before and after his trial. Stevens was convicted of failing to report more than $250,000 in improper gifts, and the controversy over his indictment and trial helped end Stevens’ 40-year Senate career. The failure to turn over evidence was a reason why his conviction was set aside.

Judge Sullivan will now ask United States Attorney General Eric Holder to seek criminal contempt charges against the Stevens prosecution team, including Assistant US Attorney for the District of Columbia William Welch who is the head of the Public Integrity Section, and Assistant US Attorney Brenda Morris who was the lead prosecutor in the case. The attorneys that will face contempt charges face possible disbarment if convicted of contempt.

Sullivan appointed a lawyer named Henry Schuelke to investigate the Justice Department on his own, not waiting for an internal DOJ investigation of those six lawyers.

Brendan Sullivan who was the lead defense attorney for the former Alaska Senator said after the reversal that "the Government’s failure to turn over evidence that could have exonerated the former senator was “clear, intentional, willful and tedious.” .

Brendan Sullivan also accused a key prosecution witness Bill Allen of the former CEO of VECO Corporation of perjuring himself while testifying against Stevens as part of the downfall Government prosecutors faced.

Specifically, (Brendan) Sullivan pointed to the fact that Allen had originally told prosecutors and an FBI agent that he did not remember having a conversation about whether Stevens was asking for a bill for the home renovation work that sparked the investigation. Allen later told the jury that the conversation did in fact take place, telling Bob Persons that it was just Stevens “covering his ass.” .

Zhenli Ye Gon

After federal prosecutors went after businessman Zhenli Ye Gon, alleging that he was involved with an international drug trafficking ring with roots in Mexico and China, they later decided to drop the case.

Sullivan agreed to dismiss the case on the prosecution's request, but indicated that he now has questions about whether prosecutors may have made false statements to the court or may have failed to correct false statements. Sullivan also indicated skepticism about the prosecution position that Justice Department lawyers did not violate their obligation to turn over to Ye Gon's attorneys information that was favorable to Ye Gon's defense, saying, "All of this raises legitimate questions about whether the government ever intended to abide by its constitutional obligation to provide this information to the defendant."

On August 28, 2009, Judge Sullivan dismissed all indictments against Ye Gon going on the prosecutor's intentions that there was not enough evidence beyond a reasonable doubt to convict him. However, a separate hearing is scheduled in September of 2009 if Ye Gon should be extradited to Mexico and to face trial in Mexico.

DC Police records

On July 29, 2009, Judge Sullivan ordered the District of Columbia Police Department to find missing police records dating back to a mass arrest the department did in 2002 .

The judge ordered the Attorney General for the District of Columbia, Peter Nickles to file an affidavit over the disappearance of all police records when DC Police arrested hundreds of people after protesting a World Trade Organization event in 2002.

Also, the court may assign an independent investigator to the case.

See also

• News: West Virginia flying squirrel decision overturned by appeals court, August 25, 2012
• United States District Court for the District of Columbia

References