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D.C. Circuit will rehear the
Flynn-Sullivan case en banc

Original Article

Posted By: Pluperfect, 7/31/2020 4:39:36 AM

After a panel of the U.S. Court of Appeals ordered Judge Emmet Sullivan to grant the Department of Justice’s motion to dismiss the prosecution of Gen. Michael Flynn before Judge Sullivan had ruled on the motion, Sullivan petitioned for review by the full D.C. Circuit. Two of the three judges on the panel were appointed by Republicans. By contrast, most of the judges on the full court were appointed by Democrats. Therefore, it’s not surprising that the full court has decided to review the panel’s order. To be fair, the panel’s order is arguably erroneous. Granting a writ of mandamus, as the panel did, is an extraordinary measure.

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Reply 1 - Posted by: Strike3 7/31/2020 5:06:51 AM (No. 495406)
I read the headline as "D. C. Circus." Closer to the truth.
26 people like this.

Reply 2 - Posted by: seamusm 7/31/2020 5:11:09 AM (No. 495412)
Given the judicial refusal to respect the rule of law, I am afraid this will end up before the Supremes.
33 people like this.

Reply 3 - Posted by: George R. 7/31/2020 6:14:16 AM (No. 495448)
How the world are Americans supposed to believe in the "Rule of Law" when so many flout it with impunity? The Affirmative Action Judge Emmett Sullivan has faced consequence whatsoever for his harassment of General Flynn nor his erroneous Kangaroo Court finding of Guilt of Alaskan Senator Ted Stevens, who was proven innocent after his Arkancide. Now the DC Circuit wants to give some credence to Sullivan where nothing is due!
39 people like this.

Reply 4 - Posted by: Jebediah 7/31/2020 7:32:53 AM (No. 495495)
Keep hearing this country should unite, but with seven Democrats on the D.C. Circuit hearing the Flynn case, why am I so certain that the result will be political. This country is being destroyed, absolutely, and the huge majority of conservatives or independents who see what is happening certainly can't "compromise" with the vast Progressive Left!
27 people like this.

Reply 5 - Posted by: lakerman1 7/31/2020 7:40:34 AM (No. 495502)
President trump could pardon Flynn today, and I could see the D.C. Circuit Court still going forward with the hearing. And I could see Chief Judas John Roberts, the three witches of Washington, and Blathering Breyer ruling against Flynn.And I'm not joking.
28 people like this.

Reply 6 - Posted by: Venturer 7/31/2020 8:16:00 AM (No. 495535)
I know this post I write will be ridiculed, but here it is anyway. This problem with our courts reminds me of when Hitler took over the courts in Germany and destroyed Justice there. America's courts and even our Supreme Court have stopped being courts of Justice and become political tools. The Judges no longer rule on the points of law, they rule on their own political agenda's.
38 people like this.

Reply 7 - Posted by: athina 7/31/2020 8:44:58 AM (No. 495560)
Help me understand this. How can they re-hear a case when the prosecution has determined not to pursue it? Who will present the ‘prosecution’?
20 people like this.

Reply 8 - Posted by: BarryNo 7/31/2020 8:54:38 AM (No. 495567)
When there is no justice from those appointed, then the people, either by popular vote, or if necessary, by force, must remove those entrusted with power who proved false, and replace them with those who have justice in their hearts.
14 people like this.

Reply 9 - Posted by: Jethro bo 7/31/2020 9:00:20 AM (No. 495573)
This is actaully why the couort is rehearing the case. Sullivan has opened an opportunity for the Federal courts to erase another part of the Constitution and make the courts supreme ruler of the land. If the Court rules that Federal Judges can now persecute, I mean prosecute defendants, then the Executive and Legislative branch are Kaput. Enact a law, the Courts can rule the lawmakers violated some law, bring charges, find guilt and sentnece to oblivion. This is just the power Obambi, Clinton, Carter, Johnson, Kennedy, Truman and Roosevelt have craved for alost 100 years. Sullivan has no standing. He was trying to create new constitutional powers by continuing the prosecution against Flynn even though he didn't have the authority. The original ruling was correct. This en bloc Kangeroo Court now sees an opening to create a new system of goobernment by judical fiat. The courts know Dems want this and will never impeach a judge ruling for the Courts new powers.
14 people like this.

Reply 10 - Posted by: justavoter 7/31/2020 10:03:31 AM (No. 495632)
How are they going to re try the case when the prosecution has given up?
4 people like this.

Reply 11 - Posted by: MDConservative 7/31/2020 10:36:59 AM (No. 495671)
What happened to all the chortling after the three-judge panel decision? Of course, there is the usual derision of Judge Sullivan and his court...and no mention of Flynn's passing the opportunity in that court to actually present a defense at a trial by withdrawing his sworn guilty plea. Flynn is an active player in this drama. He prolonged it for two years by pleading guilty under oath...twice - once after Sullivan almost begged for him to rescind his plea. Some would prefer to dismiss that as some great act of sacrifice by a hero. Whatever... Yes, Flynn was railroaded on the lying to the FBI charge. There are other charges...and they can still be brought to the court. DOJ won't say. Flynn signed on in his plea deal to help DOJ in a prosecution that involves one of these charges. It is unclear his level of cooperation. Can't wait to hear Sidney Powell rage on...but listen to her. Will she ever insist that Flynn is innocent? She hasn't yet. Only that the case should be dismissed. Has AG Barr declared Flynn's ultimate innocence? Not that I've seen. DOJ maintains in its dismissal motion there was a crime, only that it can't prove it in court with now-tainted evidence. Would Flynn accept a Presidential pardon...which is an admission of guilt? Stay tuned. As I once heard a Federal judge say in open court, after a plaintiff asked for justice, "In this court you get a decision."
1 person likes this.

Reply 12 - Posted by: HotRod 7/31/2020 10:56:34 AM (No. 495705)
The democrats are using Sullivan in an attempt to have President Trump pardon Flynn before the election. They know it would enrage the deranged mob. Just look at the mob's reaction to what the President did for Roger Stone. President Trump has done an incredible job of cleaning out radical democrat judges, and will continue during his next term. Obama was so sure that Hillary would win that he left a lot of vacancies (plus, he was more interested in playing golf.) By the end of President Trump's next term, we will be in a much better situation with judges, including at least one Supreme Court justice. Maybe a couple.
5 people like this.

Reply 13 - Posted by: Polecat49 7/31/2020 12:29:45 PM (No. 495773)
WHEN OH WHEN, are our so-called federal courts GOING to start working for "THE PEOPLE" instead of a bunch of left wing ANTI-American politicians?
3 people like this.

Reply 14 - Posted by: jeffkinnh 7/31/2020 1:44:52 PM (No. 495834)
The appeals court could reverse the panel simply because Sullivan has NOT made a ruling to be appealed. The panel made it pretty clear that it was necessary because if Sullivan is allowed to proceed irreparable harm would be done. The problem is, Sullivan has made it pretty clear that he intends to stray into extrajudicial pathways with his amicus curiae and charging Flynn with "crimes" against the court. If Sullivan DOES all that and rules against Flynn and convicts and sentences him, the appeals court would be forced to reverse Sullivan or go completely rogue and evoke a Constitutional crisis over the Executive's prosecutorial rights that they would definitely lose. When Trump is reelected, judges could be impeached. On the other hand, the appeals court might decide that Sullivan should be removed and the process should be turned over to another judge without any directives from the appeals court. That judge would probably just dismiss the case as Sullivan should have done. That would defuse the situation and restore proper order to the court. Sullivan has certainly shown he is too personally invested in the case. It all depends on how crazy the appeals court members are. Dropping the appeal panel order prolongs the insanity in Sullivan's hands and will eventually explode in the court's face later on. Flynn already has a good case for damages against the government and Sullivan. This could make it worse, indicting the whole court system. Removing Sullivan would dial it all back from DEFCON 1 and give the overall court system a little immunity although it would throw Sullivan to the wolves, something he richly deserves.
1 person likes this.

Reply 15 - Posted by: bighambone 7/31/2020 1:58:10 PM (No. 495848)
The reputations of the Federal Courts are slowly dribbling away. Clearly the Democrats, including the Democrats in the Federal judiciary, do not want to take the chance that with all the charges against him dropped, that General Flynn will be out there during the run up to the November election making the American electorate aware of all the old anti-American Obama-Biden Administration intelligence related bones that he is certainly aware of.
0 people like this.

Reply 16 - Posted by: Right Time 7/31/2020 2:11:36 PM (No. 495865)
Flynn IS guilty...But is innocent of the charge that he lied to the FBI, and for which he entered a guilty plea. Flynn is indeed guilty of a FARA violation, in failing to register as an agent with Turkey for his work with them. This is the same criminal violation that the FBI threatened to ruin Flynn's son with. But, the FBI never charged Flynn with FARA violations. They were washed away in the plea deal for Flynn to cooperate with the Mueller Fake Investigation. Given the Prosecutorial Misconduct by the FBI in framing Flynn, and the fact that the FBI doesn't charge Democrats who committed the same FARA violations. all charges should be dropped against Flynn.
0 people like this.

Reply 17 - Posted by: DVC 7/31/2020 2:41:02 PM (No. 495887)
Filthy, rotten, lying. corrupt, criminal political folks who are pretending to be judges. At what point do we have the need to start replacing these criminals in black robes? An by what means? Impeachment would be nice and legal and proper, and it is what SHOULD be done. Perhaps we will not be permitted to be nice and legal and proper any more.
0 people like this.

Reply 18 - Posted by: Justcurious 8/1/2020 12:19:43 AM (No. 496295)
This is abuse of process, pure and simple. I've been wondering...we honor the decisions made by judges because we believe in the rule of law. If the law and the process is corrupt, then why would we honor the result? And...if we cannot rely upon the Rule of Law, why would we feel bound by it? Judges are playing with fire here. They are acting as tyrants, and deserve to be treated as such.
0 people like this.

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