Without mentioning him by name, former New York City Mayor Rudy Giuliani on Newsmax TV ripped Judge Emmet Sullivan as a "political activist judge."
"He's a disgrace, really, to judges," Giuliani told Tuesday's "Greg Kelly Reports." "This is exactly what many, many people complained about with activist judges who make up the law."
"This judge, like the president, took an oath of office to uphold the Constitution. He is now trashing it, because he doesn't like Trump, he wants to make a political point."
Giuliani added to host Greg Kelly, Judge Sullivan's efforts to keep the case going against Lt. Gen. Michael Flynn a "totally political event," because there is no controversy when both the Justice Department and the defense agree to drop the case.
"The Flynn case will ultimately be dropped," Giuliani predicted. "There's nobody to prosecute. It has to be prosecuted by the U.S. Department of Justice, and unless he can change the attorney general's mind, the case is over."
Attorney General William Barr is the one who directed the dropping of the case, to which Judge Sullivan has objected, appointing a court advocate in retired Judge John Gleeson to pursue Gen. Flynn for contempt or perjury.
In a case that was dismissed over "prosecutorial misconduct," Giuliani noted there is now an effort by Judge Sullivan of judicial overreach.
"The Supreme Court is quite clear on this," Giuliani said, adding "it said the executive branch has the sole and exclusive authority to determine prosecutions. Somebody should tell this judge he's not the executive branch, and we have limited powers in this country."
Important: See Newsmax TV now carried in 70 million cable homes, on DirecTV Ch. 349, Dish Network Ch. 216, Xfinity Ch. 1115, Spectrum, U-verse Ch. 1220, FiOS Ch. 615, Optimum Ch. 102, Cox cable, Suddenlink Ch. 102, Mediacom Ch. 277, or Find More Cable Systems – Click Here.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
© 2026 Newsmax. All rights reserved.