Appeals court orders judge
to dismiss Flynn charges
The Hill,
by
Harper Neidig
Original Article
Posted By: Dreadnought,
6/24/2020 10:36:50 AM
A federal appeals court on Wednesday ordered a judge to grant the Department of Justice's (DOJ) unusual move to drop charges against former national security adviser Michael Flynn. A three-judge panel on the D.C. Circuit Court of Appeals approved Flynn's petition to intervene in the case after a district court judge had tapped an outside counsel to argue against the DOJ's move. The panel ruled 2-1, with two Republican-appointed judges carrying the majority, that U.S. District Court Judge Emmet Sullivan overstepped his authority in second-guessing the prosecutors' decision.
Reply 1 - Posted by:
Ida Lou Pino 6/24/2020 10:47:17 AM (No. 455207)
It seems I've logged onto this thread before the NeverFlynn trolls - - so please allow me to write their posts for them - -
"But Flynn pleaded guilty - - twice - - so Judge Sullivan must sentence this felon to the maximum prison term - - twice!. The DOJ must step aside in the interest of true justice."
There - - how'd I do?"
50 people like this.
Reply 2 - Posted by:
Pearson365 6/24/2020 10:47:39 AM (No. 455208)
“ Judge Robert Wilkins, an Obama appointee, dissented from the decision, saying he would grant Sullivan the space to explore the DOJ's request for dismissal.”
So Judge Wilkins wants Judge Sullivan to investigate the DoJ. Would Judge Sullivan hold hearings, with DoJ and FBI officials called to testify NOT about the entrapment of General Flynn and his unwarranted prosecution/persecution and the hiding of exculpatory evidence but the uncovering of this long hidden evidence by Director Wray and his General Counsel? Judges Wilkins and Sullivan are both unfit to be federal judges.
34 people like this.
Reply 3 - Posted by:
smokincol 6/24/2020 10:52:19 AM (No. 455213)
nothing "unusual" about the prosecution requesting the case be dismissed. happens a lot. sensationalism!! and too much garbage in the news today.
13 people like this.
Reply 4 - Posted by:
StormCnter 6/24/2020 10:56:24 AM (No. 455219)
OP, I have missed you.
Good for the Appellate Court. This is the right thing to do.
25 people like this.
Reply 5 - Posted by:
John C 6/24/2020 10:57:51 AM (No. 455220)
Now the President should bring General Flynn back to the White House.
39 people like this.
Reply 6 - Posted by:
msjena 6/24/2020 10:58:40 AM (No. 455221)
Yes! Finally a court follows the law. (I hate that I have become so cynical.)
30 people like this.
Reply 7 - Posted by:
DVC 6/24/2020 10:59:50 AM (No. 455222)
FINALLY - some sanity in DC. Of course, the Obama judge tried to keep this travesty going.
Hey, Justice Roberts....do you still insist that there "aren't Obama judges"?
I hope that Flynn will be able to contribute to the cases against the thugs in FBI and CIA who committed this criminal act against him and the President.
36 people like this.
Reply 8 - Posted by:
DVC 6/24/2020 11:01:14 AM (No. 455224)
There should have been a slap down for the idiot Judge Sullivan, too.
31 people like this.
I wish I had a quarter for every nolle prosequi I've seen in my career, I'd be able to retire to my own caribbean island. It is SOP on cases that can't or shouldn't be pursued.
10 people like this.
Reply 10 - Posted by:
Mizz Fixxit 6/24/2020 11:03:03 AM (No. 455230)
Is the Appeals Court the last word in this matter? Does activist judge Sullivan have to comply, or can he continue to abuse power?
8 people like this.
Reply 11 - Posted by:
Pearson365 6/24/2020 11:03:03 AM (No. 455231)
Sorry for 2nd post. Can Judge Sullivan and his taxpayer paid lawyer now appeal this decision to the entire Appeals Court? Appeal would move case close to election, keeping General Flynn silent while media reminds us that Flynn was Trump’s choice. If full Appeals Court accepts appeal, case could extend into 2021 and then to Supreme Court in 2022. With Chief Justice Roberts, the Supreme’s might rule in favor of Judge Sullivan’s nonexistent right to investigate the DoJ, FBI and any other federal agency.
7 people like this.
Reply 12 - Posted by:
JunkYardDog 6/24/2020 11:03:06 AM (No. 455232)
ABOUT TIME!
I concur with poster #5, it is time for Trump to bring Flynn back into the Administration. How about making him the head of the F.B.I.? I bet he'd love to assist Mr. Durham.
20 people like this.
Reply 13 - Posted by:
TXknitter 6/24/2020 11:06:14 AM (No. 455239)
I will rejoice and be so thankful for this righteous appellate court decision. There are good things ahead for General Flynn and his family. Oh #1, ya done good.
15 people like this.
Reply 14 - Posted by:
EQKimball 6/24/2020 11:12:03 AM (No. 455246)
#11—Any judge of the circuit can ask for en banc review by all judges.
7 people like this.
Reply 15 - Posted by:
seamusm 6/24/2020 11:12:28 AM (No. 455249)
2 to 1 with an Obama judge as the dissenter. Why am I not surprised? THIS is why we need Trump and a Republican senate to prevail in November. Roberts is a buffoon to believe that there are no Obama judges.
20 people like this.
Reply 16 - Posted by:
DVC 6/24/2020 11:17:39 AM (No. 455262)
Thanks, #14.
Then that is almost certainly what will happen, it would seem.
Anyone know how many Obama judges in that group that would make up the en banc review?
6 people like this.
Reply 17 - Posted by:
Dodge Boy 6/24/2020 11:22:35 AM (No. 455275)
Good. Now strip Sullivan of his robe.
15 people like this.
Reply 18 - Posted by:
Doc-NSDQ 6/24/2020 11:26:13 AM (No. 455281)
The best part is thaty they are making Sullivan do the deed himself. I'm happy they did not reassign. ...Reminds me of the joke about Stevie Nicks who (unlike Taylor Swift) gets revenge by forcing her ex-boyfriend to write the songs and play guitar and backup vocals about how much he sucked during their relationship.
Sullivan=Lindsey Buckingham
6 people like this.
Reply 19 - Posted by:
DVC 6/24/2020 11:27:38 AM (No. 455283)
I'll bet money that Sullivan asks for the whole Appeals Court, or even the Supremes to review this.
I don't think Sullivan and the NeverTrumpers are done yet.
17 people like this.
Reply 20 - Posted by:
john56 6/24/2020 11:32:37 AM (No. 455287)
I believe hack judge Sullivan can appeal this to the Supreme Court. I doubt that even the most liberal jurist there, even Chief Justic Turncoat Roberts, wants to deal with this. So, unless hack judge Sullivan takes a six month vacation from the bench starting tomorrow, this case should be dismissed so that the General can celebrate July 4th as a free man.
And I'll be happy to buy his book ... and grab some popcorn for the civil suit, Flynn vs Comey, et al.
6 people like this.
Reply 21 - Posted by:
Dodge Boy 6/24/2020 11:34:16 AM (No. 455291)
And by the way, OP, welcome back.
10 people like this.
Reply 22 - Posted by:
msjena 6/24/2020 12:02:14 PM (No. 455325)
The judge can ask for en banc rehearing because he is a party. En banc rehearings are not automatic. A majority of the circuit judges must agree. Generally, there must be a conflict or an important question of law for the full circuit to rehear a case. Of course, what is an important question of law probably depends on the eye of the beholder.
4 people like this.
Reply 23 - Posted by:
MDConservative 6/24/2020 12:08:18 PM (No. 455338)
#1 - Thank you for your analysis and foresight.
So, the coverup of government prosecutorial misconduct is now okay. Perjury is permissible if one is protecting a family member from further prosecutorial misconduct. Remember that. The Government's discretionary powers to prosecute or not are essentially supreme and unquestionable. The court a rubber stamp. Remember that.
Flynn...still not declared "innocent". The charges were dismissed by the appeals court on legal technicalities. Remember that, too. Say what he and his attorneys might now, the now-dismissed charges stand unanswered in court except by his guilty pleas. Keep that in mind.
The immediate loser in all this is the actual truth of what happened to bring the case to this point. Every "victory" is not a win.
3 people like this.
Reply 24 - Posted by:
bighambone 6/24/2020 12:16:27 PM (No. 455348)
Anyone think that the federal courts are not completely politicized when a politically based case shows up in those courts? Maybe only Chief Justice Roberts who also participates in those political games!
This is not over yet, as you can bet that Judge Wilkins will ask for the entire Circuit Court to hear this case again causing another delay for another month or so. Then if Judge Sullivan and Judge Wilkins loose at the full Circuit level, they and Sullivan’s lawyer will try to push the case up to the Supreme Court that could cause another delay past the election, as was Sullivan’s intention from the get-go, hoping that Biden will be elected and put the old Obama-Biden crew back in charge at the Department of Justice. This case against Michael Flynn is a political persecution plain and simple.
9 people like this.
Reply 25 - Posted by:
bamboozle 6/24/2020 12:41:41 PM (No. 455373)
One can speculate as to why Judge Sullivan is so tenacious in the persecution of General Flynn. Perhaps he is part of the coup? Perhaps he has been promised something, say an appeals court seat or even a SCOTUS position after Sleepy Joe becomes President? Not saying it happened, but one can speculate.
1 person likes this.
Reply 26 - Posted by:
MickTurn 6/24/2020 12:53:01 PM (No. 455400)
$5 bucks says Sullivan will push back...his Racist attitude along with his purposeful LACK of understanding (doesn't want to) that the FBI SET UP Flynn and then MuleFace's team of Democrap thugs forced Flynn to plead guilty or face millions more in legal fees and his son going through hell...Can these Slime spell COERCION?
2 people like this.
Reply 27 - Posted by:
RedWhite&Blue2 6/24/2020 1:19:27 PM (No. 455454)
He should sue for millions$$$$$$$
And then go to work as the new FBI Chief
Start prosecuting some RATS!
0 people like this.
Reply 28 - Posted by:
DVC 6/24/2020 1:44:01 PM (No. 455485)
The term 'stuck on stupid' comes to mind sometimes on this topic. I just don't know why.
0 people like this.
Reply 29 - Posted by:
Jerkface 6/24/2020 1:49:50 PM (No. 455498)
I have been reading this blog for a long time. So i have read many of MDConservative's posts.They always seem a bit off.
He starts his second paragraph with "So, the coverup of government prosecutorial misconduct is now okay" which makes you think that he agrees that the government, i.e. DOJ, was wrong in prosecuting Flynn.
Then he implies that Flynn committed perjury and that the executive branch does not have exclusive power to decide whether or not to pursue a case-"discretionary powers to prosecute or not are essentially supreme and unquestionable" and calls the court a "rubber stamp".
He declares Flynn "not innocent" and the egregious conduct of the DOJ "technicalities".
He praises #1's "analysis and foresight" seemingly missing that irony is being used.
He then trails back to the beginning of his post with this comment " the now-dismissed charges stand unanswered in court except by his guilty pleas".
Not one word that the probe never should have started in the first place, that they tricked him into talking to the FBI without his lawyer present, that the FBI was going to close the case until Peter Strouk (that paragon of virtue) stepped in and kept it open, that he was trying to protect his son (who had a four-month old baby).
He acts as if it's unusual for people to plead guilty, even if they are innocent, because they RUN OUT OF MONEY. It happens all the time.
That is the government's game.They wear you down and bankrupt you with the full power and weight of the Federal Government.
MDConservative is very subtle. Read his posts with care.I suspect a barbarian inside the gate.
2 people like this.
Reply 30 - Posted by:
Ida Lou Pino 6/24/2020 2:32:07 PM (No. 455547)
Never fear #29.
The NeverFlynn posters have only received one "like" - - aside from their own. Just goes to show how NOT FOOLED our beloved L-Dotters are.
Not even Houdini could escape from the giant pretzel "logic" twisted into their posts.
0 people like this.
Reply 31 - Posted by:
doctorfixit 6/24/2020 8:13:20 PM (No. 455893)
Round up the Obama judges and pack them off to Guantanamo.
0 people like this.
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