Flynn judge asks appeals court
to reconsider dismissal order
Politico,
by
Josh Gerstein
Original Article
Posted By: Pluperfect,
7/10/2020 4:39:52 AM
A federal court judge is putting up a highly unusual fight against an appeals court ruling seeking to immediately shut down the prosecution of former national security adviser Michael Flynn for making false statements in the FBI’s investigation into ties between the Trump campaign and Russia.
Lawyers for U.S. District Court Judge Emmet Sullivan filed a petition Thursday asking the full bench of the D.C. Circuit Court of Appeals to review a 2-1 decision a panel of that court issued last month, directing Sullivan to cancel his plans for a hearing and instead grant the government’s request to drop the case.
Sullivan’s petition says the steps
Reply 1 - Posted by:
Captleemo 7/10/2020 4:54:03 AM (No. 473079)
I wonder if Obama himself is instructing this judge to get Flynn at all costs.
41 people like this.
Reply 2 - Posted by:
DCGIRL 7/10/2020 6:19:01 AM (No. 473095)
#1, yes.
25 people like this.
Reply 3 - Posted by:
WhamDBambam 7/10/2020 6:53:11 AM (No. 473118)
I never have had a judge become an active player in any mandamus action I have handled. Must be a special secret rule for "minority federal judges."
25 people like this.
Reply 4 - Posted by:
SkeezerMcGee 7/10/2020 7:07:37 AM (No. 473128)
Federal Rules of Appellate Procedure - Rule 35. En Banc Determination
Rule 35 reads in relevant part:
"(a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:
(1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or
(2) the proceeding involves a question of exceptional importance.
(b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en banc."
The Trial Judge is not a "party" to the case. The case does not involve securing or maintaining uniformity of the court's decisions, and the case does not involve a question of exceptional importance.
Any petition for an en banc hearing should be dismissed/denied. Sullivan should be reprimanded by the Court of Appeals. Enough already! Such a Petition will be a waste of the Appeals Court's time and an abuse of the Rules.
21 people like this.
Reply 5 - Posted by:
msjena 7/10/2020 7:10:03 AM (No. 473129)
Who is paying the judge’s legal fees in this appeal? My guess: the taxpayers.
10 people like this.
Reply 6 - Posted by:
3XALADY 7/10/2020 7:48:18 AM (No. 473158)
It is obvious Zippy hasn't given him the go ahead to drop it yet.
9 people like this.
Reply 7 - Posted by:
philsner 7/10/2020 7:50:15 AM (No. 473162)
The left will never stop.
11 people like this.
Reply 8 - Posted by:
rytwng 7/10/2020 7:53:13 AM (No. 473167)
Put Flynn and the judge alone in a room for five minutes.
10 people like this.
Reply 9 - Posted by:
pixelero 7/10/2020 8:11:15 AM (No. 473194)
Obviously Gen. Flynn’s got the goods on the prev. administration.
18 people like this.
Reply 10 - Posted by:
planetgeo 7/10/2020 8:15:32 AM (No. 473199)
#4, surely (may I call you "Surely"?) you have now discovered the new "Minority Federal Judge Privilege Rule": constitution not relevant, actual wording of the laws not relevant, precedent not relevant, President not relevant. Look it up, Surely.
9 people like this.
Reply 11 - Posted by:
msjena 7/10/2020 8:31:57 AM (No. 473219)
If Sullivan is successful in getting the court to hear his case en banc and they rule in his favor, this case will head to the Supreme Court. That means no resolution before 2021, probably. Judges are parties, technically, to these proceedings, and there is precedent to judges appealing writs of mandamus. But I think they should not be. They aren't parties to post-judgment appeals that review their rulings. Why should they be allowed to be party to the appeal just because the appellate court decides to hear the appeal before the case is over? As an example, if the parties had not sought a writ of mandamus, Sullivan would have held his hearing and ruled (against Flynn, presumably). Flynn then could have appealed and Sullivan would have no part in the appeal. What happened here is just an earlier ruling on the same issue. I don't see why Sullivan should be allowed to do now what he wouldn't be allowed to do in a normal appeal.
4 people like this.
Reply 12 - Posted by:
Ida Lou Pino 7/10/2020 8:32:26 AM (No. 473221)
So - - another Gen. Flynn thread.
But nothing posted here is official - - until we hear from the NeverFlynn trolls. OK, guys - - tell us why Gen. Flynn should face a firing squad. We need a good laugh.
4 people like this.
Reply 13 - Posted by:
JackBurton 7/10/2020 8:33:00 AM (No. 473223)
I'm wondering. When this judge fails to stop the law from releasing Flynn...
...will he appear in public with a big black eye and a story about how he fell?
2 people like this.
so the fat lady hasn't actually sung yet.
poor Gen Flynn. he must know as many secrets as Gasoline Maxwell.
5 people like this.
Reply 15 - Posted by:
bighambone 7/10/2020 8:47:42 AM (No. 473251)
Sullivan and his lawyers are simply “snowing” the DC Circuit Court with legal B.S. in another attempt to keep the Flynn case open past the November election, knowing that if Biden is elected that he will re-install the old corrupt Obama-Biden DOJ crew in the DOJ allowing him to move forward with the Flynn case, meaning the Sullivan will then convict Flynn and sentence Flynn to a prison term. Clearly the Democrats do not want the charges against Flynn dropped, with Flynn out there during the run-up to the November election, free to blow the whistle on the corrupt Obama-Biden Administration dealings with Iran and generally throughout the Middle East, as you can bet that Flynn as the former head of Defense Intelligence during the Obama-Biden era, before Obama fired him, was and is fully aware of where all those old Obama-Biden era bones are buried. That’s the big reason why Obama and Biden did not want Flynn to hold the position of Trump’s National Security Advisor and used the corrupt CIA and FBI leadership to have Flynn removed from that position and become the subject of a politically charged criminal persecution in the first place.
9 people like this.
Reply 16 - Posted by:
jeffkinnh 7/10/2020 8:57:59 AM (No. 473266)
Typically twisted Politico article.
Friend of the court briefs are only "common" in civil cases. Never in criminal cases.
Sullivan's determination to go after Flynn on the basis of highly corrupt evidence is gross evidence of his bias. The appeals court ruling gave him an "out" by not removing him from the case. They effectively said he can be "trusted" to act fairly and without bias to dismiss the case. Sullivan just spit in their face and is proving he cannot act without bias.
The full appeals court is liberal biased. If they return this case to Sullivan's purview based on the panel being too quick to approved the writ of mandamus, they are going down the tubes with him. If Sullivan sentences Flynn or drags this out to castigate him, it is NOT going to turn out well for him. The case WILL be overturned on appeal, because the legal principle is clear. If the appeals court won't do it, the Supreme Court will. It is guaranteed to go that far because this is a separation of powers issue. The Executive has withdrawn prosecution and the Judicial has NO POWER to continue on it's own. Period! The further this travesty is drawn out, the worse the eventual blowback. Flynn can sue for wrongful prosecution and the court is now party to that wrongful prosecution due to Sullivan's actions. It can only get worse for them from here. The only question is, how much will the upper courts tolerate Sullivan's arrogance and ego?
9 people like this.
Reply 17 - Posted by:
curious1 7/10/2020 9:26:57 AM (No. 473298)
Clearly, Sullivan needs to be 'Nifonged'.
3 people like this.
Reply 18 - Posted by:
MDConservative 7/10/2020 9:38:25 AM (No. 473311)
#13 - Once again, add nothing to the conversation and belittle anyone with any thoughts other than your own. How droll. The bullying doesn't affect me, one of those Never Flynn trolls. Why are you and others afraid of Judge Sullivan and the truth? Flynn blew two years of an opportunity to go to trial...instead he lied about committing a crime. Yes, he did anyway you slice it. Why do you see two years of a perjured charade on the parts of both DOJ prosecutors and Flynn as nothing to look further into? What's there to hide?
And for those wondering why the sentencing has been delayed, it was by mutual agreement between DOJ and Flynn. Sullivan wants this over. And he apparently wants to know what's in the bag he's been forced to hold by both parties. Guess no one else really does. Justice for Flynn is the truth...and he ain't telling it. Nobody is.
1 person likes this.
Reply 19 - Posted by:
DVC 7/10/2020 9:56:31 AM (No. 473330)
Let's hope this is taken care of quickly.....but it won't be.
0 people like this.
Reply 20 - Posted by:
DVC 7/10/2020 10:00:55 AM (No. 473334)
Amazing what sort of nonsense passes for "conservative" in the Old Line State.
4 people like this.
Reply 21 - Posted by:
justavoter 7/10/2020 10:03:57 AM (No. 473338)
Seems the best way to end all of this is for Flynn to release all the information he has on everyone to include exactly what he was going to investigate and why.
3 people like this.
Reply 22 - Posted by:
StrikingViking 7/10/2020 10:26:11 AM (No. 473366)
It's looking like LtGen. Flynn is Moby Dick to the Deep State Captain Ahab. Of course the Left's real target is Pres. Trump. I've rarely witnessed such fanatical hatred and vengefulness.
3 people like this.
Reply 23 - Posted by:
MDConservative 7/10/2020 11:09:52 AM (No. 473432)
#21 - Really, you, too? I had a higher opinion...guess I was wrong. It appears this salon has become a "No Disagreement Zone" with a few self-appointed enforcers. To quote PDT, "Sad. Just sad."
0 people like this.
Reply 24 - Posted by:
Pearson365 7/10/2020 12:49:42 PM (No. 473567)
If only AG Barr was as tenacious in enforcing federal laws against Obama and Hillary as Judge Sullivan is in trying to be a prosecutor on behalf of Obama. If Sullivan actually had the ability to think independently and grasp our laws, he could replace alleged Prosecutor Durham.
2 people like this.
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