Even though there was no evidence of collusion, Judge Emmet Sullivan is refusing to rule to drop the case against Tump administration former National Security Adviser Michael Flynn, despite the DOJ dropping the charges.

Mark Levin, expert constitutional lawyer, author, and radio host ripped into Sullivan over his decision and told Jesse Watters on Fox News Channel’s “Watters World” what should immediately happen is “Take this case away from this rogue, partisan, anti-Trump, pro-Obama judge … and end this travesty.”

“And in the end, the judge will lose,” added Levin.“This judge is an eyewitness to the corruption. This judge has failed to handle this trial properly. For instance, the government is compelled to provide any exculpatory evidence and other information it has to the defense. It clearly did not. It took a U.S. attorney from the Eastern District of Missouri, under the watchful eye of the attorney general of the United States, to drag like pulling teeth this information out, which shows how corrupt this prosecution was.”

Sullivan, appointed by Bill Clinton has ignored precedent, which includes a recently decided U.S. Supreme Court unanimous decision that all but rules out any outsider amicus (or so-called friend of the court) interventions. Instead, Sullivan has appointed another Clinton-era judge to present an argument against dismissing the case against Flynn.

Levin appeared on “Hannity” on Thursday, May 14, and said it should be an open and shut case.

“This judge is a rogue judge. He’s out of control, he should recuse himself but he is too damn arrogant and he won’t,” said Levin, who added that Flynn’s Fourth Amendment rights have been or likely will be violated.

“This judge lacks jurisdiction to do what he is doing, according to the United States Supreme Court [and] according to the United States Constitution. And if he wants to be an Obama flunky and a Never Trumper, then take your black robe off, judge, leave the courtroom and join the rest of us,” he continued.

“But if you are not going to conduct yourself like a serious judge, you either recuse yourself, resign, or the [DOJ] has to go over his head to the D.C. Circuit [of Appeals] and get him the hell off this case.”