Appeals court stays decision ordering
judge to dismiss Michael Flynn case
Washington Examiner,
by
Daniel Chaitin
Original Article
Posted By: StormCnter,
7/10/2020 3:08:53 PM
An appeals court stayed a decision ordering a judge to accept the Justice Department’s motion to dismiss its criminal case against retired Lt. Gen. Michael Flynn.
The U.S. Court of Appeals for the D.C. Circuit issued an order on Friday that gives the former Trump national security adviser and the DOJ 10 days to respond to Judge Emmet Sullivan's Thursday petition for a rehearing by the full appeals court.
The filing further stated that the three-judge panel's June 24 decision ordering Sullivan to grant the DOJ's motion to drop the criminal charges against Flynn has been stayed "pending disposition of the petition for rehearing en banc."
Reply 1 - Posted by:
Mofongo 7/10/2020 3:18:28 PM (No. 473742)
WTF does this mean in plain English?
26 people like this.
Reply 2 - Posted by:
Rumblehog 7/10/2020 3:21:13 PM (No. 473744)
It means the stoopid judge MUST dismiss the Flynn case NOW. Let's see what other shenanigans this compromised leftist judge comes up with to keep this in his court until election day...
27 people like this.
Reply 3 - Posted by:
chance_232 7/10/2020 3:24:13 PM (No. 473747)
It means that the order to dismiss is on hold. Flynn has 10 days to answer Sullivan's petition. After that time, the appeals court could dismiss the review request, or grant it to be heard by the full court.
If granted, the full court hears the case whenever. If it sides with Sullivan, then the whole ball of wax is back in Sullivan's court to do whatever he likes.
What this means is weeks, if not months of continued legal expenses for Flynn. It also means that a sitting judge, who is sitting in judgement of Flynn is now in an adversarial position against him. At a minimum, Sullivan should be booted off of the case.
64 people like this.
Reply 4 - Posted by:
MindMadeUp 7/10/2020 3:36:20 PM (No. 473763)
Looking forward to what Flynn's attorney, Sydney Powell, comes up with. She's brilliant. It will probably be a devastating presentation of why Sullivan is full of dog doo, and it may very well be ignored by the appeals court, in which case Flynn's next stop is the Supreme Court. The term "travesty of justice" comes to mind.
36 people like this.
Reply 5 - Posted by:
Pearson365 7/10/2020 3:39:26 PM (No. 473765)
If Judge Sullivan gets the full appeals court to agree with him, what are Sullivan’s next steps? Does he charge General Flynn with perjury, as Obama urged him to do, for twice pleading guilty to one count of lying to the FBI that entrapped him and then requesting a withdrawal of his plea? Does he order a trial using the original DoJ charges against Flynn? If Sullivan orders a trial, will the judge also be prosecutor, judge and juror since the DoJ will not prosecute? And, does Flynn’s defense team and the DoJ appeal this bizarre situation to the Supreme Court?
What is evident is that Judge Sullivan and Obama have at least temporarily outsmarted the DoJ. For reasons that I don’t understand, Flynn hasn’t explained what he knows about Obama’s foreign policies. And why Obama is so opppsed to him.
28 people like this.
Reply 6 - Posted by:
droopydog 7/10/2020 3:41:59 PM (No. 473768)
Our side really hasn't had a win, have we? Nothing, nada, zip, zero, goose egg. I'm pretty damned discouraged. What's keeping Barr and Durham, not to mention, President Trump?
32 people like this.
Reply 7 - Posted by:
curious1 7/10/2020 3:45:22 PM (No. 473772)
Outrageous action by the appeals court. Every judge on that court that agreed with this action has shown they are incompetent and biased. They need immediate removal.
25 people like this.
Reply 8 - Posted by:
Luandir 7/10/2020 3:57:59 PM (No. 473799)
First off, Sullivan is a snake.
I hope that Sidney Powell will amend her petition for mandamus to include recusing a clearly biased and obstructive Judge Sullivan from the case.
38 people like this.
Reply 9 - Posted by:
DVC 7/10/2020 4:10:06 PM (No. 473823)
#1, the original appeals court ruling, which went against Sullivan, by court rules, would automatically take effect at the 21 day point, if Sullivan did nothing.
Since Sullivan has asked for the whole Circuit to hear the case, the Appeals Court has stopped the clock on that 21 days automatically going into effect, started a 10 day clock for Sullivan to make his case for the en banc hearing. Interestingly, they limit the verbiage to 3,900 words....not a severe limit, LOL, but this is somewhere around a 15 page limit on the blather that Sullivan's attorney can BS and waste everyone's time with.
I wonder if the verbiage limit lets them know that the Appeals Court's patience is wearing thing with all this BS.
In 10 days Sullivan's attorney must submit the 15 page or less claim on why it is necessary for the whole court to hear this. Then the court will vote and decide if they will take it. Not sure how long after the 10 days the judges have to decide whether or not to take it.
My bet is that if the en banc either lets the previous ruling stand (doesn't agree to en banc) or takes the case en banc and finds against Sullivan, the nasty little puke will try to appeal to the Supreme Court. No idea if that will be accepted by SCOTUS, or what.
This is WAY past ridiculous. I heard today that there had NEVER previously been a request for en banc in a federal mandamus case. Sullivan is out there in space, clearly on a kamikaze mission.
32 people like this.
Reply 10 - Posted by:
planetgeo 7/10/2020 4:28:29 PM (No. 473843)
Where the heck did this new appeals court come from??? The 3-judge ruling for the writ of mandamus came from the same circuit court. How the heck could this judge stay there order of the 3-judge panel?
The Democrats have more judge tricks up their sleeves than magicians have card tricks.
11 people like this.
Reply 11 - Posted by:
coyote 7/10/2020 4:48:22 PM (No. 473857)
It is obvious, there is no case against General Flynn. So what this means is lady justice is peeking past the blindfold and putting a finger on the scale. Oh, no, not lady justice, Emmet Sullivan is doing that.
6 people like this.
Reply 12 - Posted by:
Laotzu 7/10/2020 4:50:24 PM (No. 473859)
Judge Sullivan. Howard undergrad. Howard law school. Go figure.
14 people like this.
Reply 13 - Posted by:
SkeezerMcGee 7/10/2020 4:54:49 PM (No. 473863)
Sydney Powell and General Flynn should be exasperated beyond their wildest imaginations regarding this single defendant criminal case. The extremely inordinate amount of costs, attorneys' fees, judges and other judicial resources have occurred and are continuing to occur solely because General Flynn is the Defendant. This case is awash in nasty politics. It's a national disgrace to the federal judicial system. If has got to stop! It seems to me probable that this case will result in law review articles, other scholarly works, a book or two, and perhaps a motion picture and/or TV show(s). Judge Sullivan. a federal judge, is putting General Flynn through hell. I hope and pray the that the other judges will give some measure of common decency to General Flynn. He has been whipsawed for far too long by the federal government thereby being subjected to unmerciful and undeserved punishment and abuse. It's shameful these circumstances are existing in the United States of America. When this case is finally resolved I hope General Flynn is awarded several millions of dollars by a jury or, if possible, by a Special Bill multi-million dollar award from the Congress of the United States. People, we are better than this!
14 people like this.
One saving grace of this is that Flynn’s defense can continue to request and get exculpatory evidence and bring to light more evidence of the corruption.
16 people like this.
Reply 15 - Posted by:
volksford 7/10/2020 5:10:14 PM (No. 473884)
Tar and feather that black robed bozo.
13 people like this.
Reply 16 - Posted by:
seamusm 7/10/2020 5:22:33 PM (No. 473905)
FFFFFFFFFFFFFFFFFFFFFFFF! Let us just skip to the supreme court where roberts can hammer the final nail in.
3 people like this.
Reply 17 - Posted by:
Pearson365 7/10/2020 5:31:17 PM (No. 473918)
Excuse 2nd post. The amount of exculpatory evidence kept hidden by FBI Director Wray should have forced him to appear before Judge Sullivan to explain why the Bureau ignored Sullivan’s orders for this information. Wray should have been held in contempt and then be forced to resign. Instead, the incredibly smug Wray is still Director while the man the FBI entrapped, bankrupted and tarnished for life remains in Limbo. This treatment of Flynn is grotesque, and no one who entrapped and put Flynn through the wringer has been punished for it. You would never know that all this happened and is happening in the Trump Administration.
And can anyone honestly explain why not a single Obama official has been indicted while at least 7 people connected, even loosely, to Trump’s 2016 campaign have been treated like hardened, if not dangerous criminals?
19 people like this.
Reply 18 - Posted by:
blueline 7/10/2020 5:45:35 PM (No. 473929)
I'm running out of patience with bringing the DC cabal to account for their crimes against us. Gen. Flynn was the direct target of this plot, but we ALL have had our constitutionally guaranteed rights assaulted by this travesty.
If our criminal justice system cannot deliver, what is next?
7 people like this.
Reply 19 - Posted by:
Lawsy0 7/10/2020 6:45:24 PM (No. 473980)
Because Sullivan is Black, he is 10 feet tall and bullet proof. Nothing can make him do anything.
4 people like this.
Reply 20 - Posted by:
IowaDad 7/10/2020 7:01:25 PM (No. 473994)
I wonder if Flynn can now subpoena Obama, Biden, Rice, Comey, Strock etc?
2 people like this.
Reply 21 - Posted by:
MickTurn 7/10/2020 7:04:21 PM (No. 473996)
It actually means the Leftist Judges on the appeals court, who outnumber Conservatives, is helping Sullivan in his quest to destroy Flynn because he had the audacity to tell Obummer NO...President Trump, it's time to end this SHILL of a court proceeding, pardon Flynn and Impeach all of these clowns!
7 people like this.
Reply 22 - Posted by:
DVC 7/10/2020 7:18:19 PM (No. 474007)
#10, same Appeals Court, just that Crazy Sullivan is asking for ALL the judges in the entire Appeals Court to hear the case - just throwing out anything, hoping for enough lefty judges to win, or a least delay some more, hoping to get past November.
The judges probably stayed their own order, since there is a new motion (request for en banc) brought forward, and they are giving time for that to play out. They set a short time limit (10 days, and a word limit on the BS that they will all have to waste their time reading). It seems to indicate growing irritation with Sullivan's stupidity and unwillingness to follow the rules, follow the law.
4 people like this.
Reply 23 - Posted by:
Mauigirl 7/10/2020 7:23:03 PM (No. 474008)
I hope there are a lot more Trump-nominated judges in the pipeline for Senate confirmation prior to next January.
We need them.
8 people like this.
Reply 24 - Posted by:
bighambone 7/10/2020 8:30:47 PM (No. 474053)
Remember the Democrat mission now as far as the Flynn case goes is to delay the resolution of the case until after the election. The Appeals Court with this latest order effectively delayed the case again. There are more Democrat judges on the Appeals Court then Republican judges, so look for more delays. The Democrats hope that Biden is going to win the election, if that happens Biden will no doubt reinstall the old corrupt Obama-Biden Administration crew at the DOJ, essentially reinstating the Flynn politically based criminal persecution, by allowing Sullivan to convict Flynn of lying to the FBI and to sentence Flynn to a prison term. Obviously President Trump is waiting for the courts to do the right thing and dismiss the Flynn case. In the end If that does not happen Trump will pardon Flynn.
Flynn was the Director of Military Intelligence during the Obama-Biden era before Obama fired him over policy disputes. Clearly Flynn knows where the old corrupt Obama-Biden Iran and Middle East bones are buried, that’s why Obama and Biden did not want Flynn to be Trump’s National Security Advisor and sent the FBI after Flynn to ensure that he was removed from that position. You can bet that the Democrats will do everything they can getaway with to keep Flynn silent until after the election.
5 people like this.
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