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Flynn attorney files emergency appeal to shut
down Judge Sullivan's orders, boot him from case

Original Article

Posted By: Harlowe, 5/19/2020 4:32:33 PM

Michael Flynn's attorney Sidney Powell on Tuesday filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking the immediate removal of Judge Emmet Sullivan from the case--and saying that under appellate precedent set by the "Fokker Services" case, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.(Snip)Powell also demanded the appellate court vacate Sullivan's order appointing an "amicus curiae," or "friend of the court," to argue in favor of preserving Flynn's guilty plea on one count of making false statements to the FBI during an unusual January 24, 2017 White House interview.

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Reply 1 - Posted by: Starboard_side 5/19/2020 4:39:43 PM (No. 416192)
While they "classified" that Rice memo, likely to hide the information from attorney's and the public, it is now declassified. And, as usual, there was NOTHING that needed classifying. Interestingly, Comey mentions "numerous" calls with Kislyak, when he had one Dec 29 2016 call. Gen. Flynn was targeted and set up, it seems. And, it was done in the WH. Glad he has Sydney Powell on his side, and hope he's able to sue the crap out of all of them for infringing on his civil rights.
31 people like this.

Reply 2 - Posted by: MMC 5/19/2020 4:39:56 PM (No. 416193)
Yes! I love Sidney Powell! Fierce, tenacious- Michael Flynn needs to be free, this judge is now acting as a lawyer and jury.. zero chance for a fair trial.. Go Sidney!!!!
46 people like this.

Reply 3 - Posted by: jinx 5/19/2020 4:41:37 PM (No. 416194)
She's one smart, savvy woman. Let's ask Pres. Trump to fire FBI head Wray and put her in charge.
45 people like this.

Reply 4 - Posted by: msjena 5/19/2020 4:44:42 PM (No. 416196)
Finally. But what is the DOJ waiting for?
19 people like this.

Reply 5 - Posted by: Toby Ten Bears 5/19/2020 4:52:51 PM (No. 416203)
I want to always stay on Sydney Powell's good side.
27 people like this.

Reply 6 - Posted by: Lawsy0 5/19/2020 5:20:56 PM (No. 416228)
God bless and keep safe a good General and his attorney.
25 people like this.

Reply 7 - Posted by: TJ54 5/19/2020 5:33:15 PM (No. 416233)
Leftist governors and judges are eroding respect for the rule of law - this will not end well
19 people like this.

Reply 8 - Posted by: ThreeBadCats3 5/19/2020 5:35:59 PM (No. 416236)
I suggest that we adopt a Sidney Powell Rule, which would require that all attorneys be smart, fair, honest and persistent. Unfortunately that can’t happen, since most politicians are or were lawyers, and like the status quo.
12 people like this.

Reply 9 - Posted by: Venturer 5/19/2020 6:02:08 PM (No. 416258)
Sometimes you wonder how these biased and spiteful people get to be judges, And the you see that Obama appointed him. nuff said.
12 people like this.

Reply 10 - Posted by: DVC 5/19/2020 6:06:30 PM (No. 416261)
I fully expected this. And it is extremely likely that the Appeals Court will grant her motion and remove Sullivan from the case. Sullivan is clearly acting against the law, against court precedent, and also clearly with malice towards the defendant. Sullivan probably got a call from The Zero and orders to "get Flynn, no matter what it takes, we'll cover for you".
14 people like this.

Reply 11 - Posted by: GoodDeal 5/19/2020 6:08:59 PM (No. 416263)
Emmet is a member of The Cabal and the DCCoA dare not mess with him.
9 people like this.

Reply 12 - Posted by: DVC 5/19/2020 6:09:52 PM (No. 416264)
#4, the DoJ has played it's cards by dropping the charges against Flynn. Not a lot more that they can do, although I suppose that they can file some sort of a amicus brief supporting Powell. Not a lawyer, and didn't even stay in a Holliday Inn Express last night, so not sure if the DoJ can file an amicus brief to support a writ.....need a hotshot attorney to say whether it is legitimate, and whether it is helpful or not at this point. Seems like Sullivan has pretty seriously 'colored outside the lines' on this one, and since there is a very recent SCOTUS case saying "you can't do that", I suspect there won't be a lot to discuss about this.
12 people like this.

Reply 13 - Posted by: john56 5/19/2020 6:41:28 PM (No. 416280)
If I ever get in deep do-do with the government, remind me to have Sidney Powell on speed dial (although I doubt I can afford her fees). The quicker that Gen Flynn can get this criminal proceeding behind him, the quicker he and Ms Powell can begin filings for the civil case of Flynn vs Comey, et al. Which is gonna make Gen Flynn a wealthy man (although at a cost of going through h-e-double-hockey-sticks and back) and Ms Powell the wealthiest attorney in America just off the contingency fees.
7 people like this.

Reply 14 - Posted by: Quigley 5/19/2020 6:59:20 PM (No. 416289)
I thought i was outraged at the obama people’s lawlessness before i read this article. Every iteration seems to show more corrupt behavior by the obamalites. They have to operate in murky waters because they are so incompetent. The dark side of the Peter Principle I suppose.
7 people like this.

Reply 15 - Posted by: Maggie2u 5/19/2020 7:08:48 PM (No. 416296)
Sidney Powell needs to subpoena Sullivan's cell phone records of week-end before last. Find out who called and ordered/threatened him to do this.
15 people like this.

Reply 16 - Posted by: Jethro bo 5/19/2020 7:30:43 PM (No. 416314)
As much as I believe that Flynn is right and the Judge is out of control and working hard to screw up Trunp just as he worked hard to defeat Senator Stevens, We are talking about the Just-Us branch of the goobernment. My guess is 'imagine that' nothing but Obambi and Clinton judges get the appeal.
3 people like this.

Reply 17 - Posted by: MDConservative 5/19/2020 7:59:24 PM (No. 416331)
Anyone read Powell's filing in this case? How about this nugget...remember, Flynn pleaded GUILTY... "General Flynn also filed motions to withdraw his guilty plea because of the Government’s breach of the plea agreement, the conflict of interest of his prior counsel, failure of the court to comply with Rule 11,the lack of factual basis for the plea, and ineffective assistance of counsel that rendered his plea unknowing and involuntary." Notice anything missing? How about "I'm innocent!" Just technicalities looking for traction. The amicus issue has nothing to do with Flynn's criminal guilt or innocence on the charges to which he already pleaded guilty TWICE. It concerns "“whether ... Mr. Flynn should not be held in criminal contempt for perjury.” Perjury for twice swearing guilty to the original charges under oath, certifying it was done of his own free will because he was indeed guilty, not made under pressure. Flynn basic problem is he entered and confirmed a guilty plea accepted by the court. Now he must show at least that there was no factual basis for the plea, or show any fair and just reason for withdrawal. The court is the deciding authority. The government's prosecutorial ended with the court's acceptance of Flynn's guilty plea. The government does not say either Flynn is innocent, nor that his guilt is not real - only that it would not have sufficient evidence now to prove guilt beyond a reasonable doubt. Note, his prior legal firm is also involved here, and certainly ready to protect its interests as top-notch litigators. Flynn is going to answer for perjury, i.e. two years of maintaining his guilt before the court. That is entirely separate from his original charges and the core of what's happening here. And it is increasingly apparent that neither side wants the whole story to disgorge... Let's see whether we ever get the whole truth and nothing but in l'affaire Flynn. So far there has been lots of attempted baffling with BS.
1 person likes this.

Reply 18 - Posted by: Toby Ten Bears 5/19/2020 8:09:21 PM (No. 416334)
Hillary chimes in!
6 people like this.

Reply 19 - Posted by: curious1 5/19/2020 9:18:02 PM (No. 416354)
#13, they'll need to file the case in fly-over land, not in DC or the near-by surroundings.
1 person likes this.

Reply 20 - Posted by: msjena 5/19/2020 9:26:37 PM (No. 416366)
#17, you have no understanding of the posture of this case. Flynn moved to withdraw his guilty plea after documents withheld by the prosecution were finally produced. Those documents indicated his lie, if there was a lie, was not a crime. Not all lies are crimes, I’m sure you are aware. And the government, with new eyes, agreed. They moved to dismiss the case and in the end, the judge is going to have to grant that motion. The judge can try to hold Flynn in civil contempt for changing his plea, but a charge of perjury requires a trial and that is not going to happen. Flynn will be a free man, as he should be.
10 people like this.

Reply 21 - Posted by: stablemoney 5/19/2020 10:15:33 PM (No. 416411)
Sullivan is protecting Obama. The effort to get Flynn going right into Obama's oval office. They all know it, which is why the tenacity of the prosecution of Flynn.
2 people like this.

Reply 22 - Posted by: bighambone 5/19/2020 10:22:38 PM (No. 416421)
Judge Sullivan’s motive in going against court precedents is to apparently to delay the politically charged Flynn case until after the November election by loading up the matter with innumerable submitted legal papers and by him scheduling continuous hearings to hash out immaterial positions cited in the legal submissions. As the Democrats definitely do not want Flynn out there during the run up to the November General Election badmouthing the Obama-Biden foreign policy and intelligence fiascos that he witnessed when he was an intelligence leader in the Obama-Biden Administration before Obama fired him. So Sullivan’s thing now is to keep Flynn tied up in court, until past the General Election when it no longer matters, Sullivan after stringing out the Flynn case will simply approve the DOJ motion dropping all charges against Flynn. It seems that Sullivan had another politically charged case in the past involving a Republican Senator from Alaska named Stevens. Apparently that matter was slow walked until after Stevens lost his re-election try, and then upon a motion from the Obama-Biden Attorney General, when it no longer mattered after the election that Stevens lost, Sullivan granted the Obama-Biden motion and dropped all charges against Stevens.
2 people like this.

Reply 23 - Posted by: judy 5/20/2020 12:01:54 AM (No. 416483)
Where's Barr, after all the JD did ask for a dismissal??? I hope Barr is not turning into a Sessions. Barr is probably one of the good ole DC boy club members.
0 people like this.

Reply 24 - Posted by: FormerDem 5/20/2020 1:20:55 AM (No. 416508)
Sidney fights. God bless her.
2 people like this.

Reply 25 - Posted by: Trigger2 5/20/2020 1:21:41 AM (No. 416509)
Boot Sullivan from the bench is more like it. How much money did the Judge get that's hidden out in some foreign country?
1 person likes this.

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