Appeals court denies Michael Flynn and
Justice Department's effort to end his case
CNN,
by
Katelyn Polantz
Original Article
Posted By: Ladyhawke,
8/31/2020 12:54:00 PM
A federal appeals court ruled Monday against Michael Flynn and the Justice Department in their request to quickly shut down his criminal case.
The 8-2 decision restores power to a judge to question the Justice Department's moves in the politically divisive case, when Attorney General William Barr dropped charges against President Donald Trump's former national security adviser earlier this year despite twice pleading guilty to lying under oath to lying to the FBI.
Flynn had fought District Judge Emmet Sullivan's decision to ask a third-party lawyer to argue against the Justice Department's dismissal in the case, and his plans to hold a hearing, which has not yet happened.
Reply 1 - Posted by:
Ladyhawke 8/31/2020 12:57:07 PM (No. 527019)
This is just disgusting, especially since it has been revealed that Judge Sullivan is long-time friends with Obummer.
62 people like this.
No surprise here folks, SSDD. Black robed overseers minus a horse.
43 people like this.
Reply 3 - Posted by:
MDConservative 8/31/2020 12:58:36 PM (No. 527023)
And now the real game begins...Judge Sulllivan is likely not messing around. Two years of this circus in the courts - crooked FBI, roll-over guilty pleas, and table pounding lawyers. Let's get to the bottom of this debacle once and for all.
40 people like this.
Reply 4 - Posted by:
Jethro bo 8/31/2020 1:08:17 PM (No. 527033)
Totally expected. This liberal court couldn't wait for a chance to say screw the constitution, the courts now can prosecute, and execute whomever they desire. This court basically said the judge can do whatever he desires in the pursuit of a political objective. The courts have been out of control for too long. Its time for Congress to exercise oversight and reign these black robed demigods in. Just another example of Justice for Flynn and Just-Us for democrats.
50 people like this.
Reply 5 - Posted by:
jimincalif 8/31/2020 1:13:20 PM (No. 527040)
Clinton, Comey, Brennan, Strzok, Clapper, etc. all go free. Instead of the rule of law, we have #twotieredjustice.
48 people like this.
Reply 6 - Posted by:
ladydawgfan 8/31/2020 1:15:31 PM (No. 527044)
RE #4:
Nasty Piglousi's Congress??? PUH-LEEZ!! Jesus will come again before that ever happens, especially if it means that the Congressional leftists can "get" President Trump just one more time!!
22 people like this.
Reply 7 - Posted by:
Avanti1 8/31/2020 1:17:51 PM (No. 527047)
This article, and perhaps the Appeals Court ruling itself, fails to address the significant Constitutional issues raised by Flynn; on what authority does the Judiciary usurp the sole power of the Executive Branch to prosecute? What dispute is Sullivan to preside over since both the prosecution and defense have reached an agreement to drop the charges? What established Sullivan's standing to appeal the ruling of the three judge panel, since Sullivan is not a party to the original dispute?
These are SIGNIFICANT issues of law. What was the position of the Appeal Court on them?
50 people like this.
Well, the good news, I would think now the Flynn team has evidence of previous legal counsel not acting on his behalf, and that there was no real reason to indict Gen. Flynn.
Seems to me the longer they allowed this case to be delayed, the more information about how it all began came to light. I suspect more is coming soon, and it will be linked with the current Durham investigations.
25 people like this.
Reply 9 - Posted by:
earlybird 8/31/2020 1:27:24 PM (No. 527053)
The Ruling itself is here in pdf. Read it for answers to questions about what the judges were thinking. The only ones dissenting were Henderson and Rao, who were for Flynn in the 3-judge hearing...
15 people like this.
Reply 10 - Posted by:
Safari Man 8/31/2020 1:30:20 PM (No. 527054)
Maybe the DOJ should proceed and simply present a case (in a single afternoon) of how Flynn is innocent and the real culprits are the Obama admin. Throw in a presentation of how corrupt the courts are as well. Then let Trump pardon.
22 people like this.
Reply 11 - Posted by:
john56 8/31/2020 1:38:21 PM (No. 527059)
Can Gen Flynn's counsel and DOJ appeal this to SCOTUS now?
24 people like this.
Reply 12 - Posted by:
Ida Lou Pino 8/31/2020 1:40:04 PM (No. 527060)
Leftists never hesitate to shove it into our faces. And they do so without the slightest reference to law, ethics, or morality. They do it for only one reason - - spite. "Screw you, man" is their blatant and rapid response.
And yet - - how long have we been waiting to get justice - - when there is overwhelming evidence that a massive number of crimes have been committed? If only we had some "screw you" voices on our side.
Leftists = In your face
Pubbies = Into the deep weeds
13 people like this.
Reply 13 - Posted by:
JimBob 8/31/2020 1:44:14 PM (No. 527062)
The Process is the Punishment.
The Deep State 'Rats KNOW that Flynn KNOWS where the Bodies are Buried.
They are desperate to keep him tied up and unable to speak until after the election.
The 'Just-Up' system is on full display.
25 people like this.
Reply 14 - Posted by:
JunkYardDog 8/31/2020 1:46:03 PM (No. 527064)
There is no patience left for these rogue Judges who insert themselves into the case for political reasons. This is what happens in a leftist banana-republic where the courts are controlled by the political party in power. In those cases, this arrangement goes away when the NEW gvt. comes into power, (and usually drags these judges away in the middle of the night never to be heard from again). This behavior is making a mockery of the justice system-but hasn't it been like this for a long, long time? We need a PURGE of the whole government: the Legislative, the Judicial, and the Administrative Branches all need weeding out of those who are quick to criticize the US Constitution and the rule of law.
15 people like this.
Reply 15 - Posted by:
BeatleJeff 8/31/2020 1:47:13 PM (No. 527066)
Given the demonstrable corruption in the judiciary, Trump now just needs to bring this schiff to a grinding halt by issuing Flynn a full pardon.
9 people like this.
Reply 16 - Posted by:
Proud Texan 8/31/2020 1:57:13 PM (No. 527073)
Wonder how much Antifa would charge to give judge sullivan a visit.
6 people like this.
Reply 17 - Posted by:
bighambone 8/31/2020 1:59:02 PM (No. 527075)
Clearly the Democrat plan now is to keep the Flynn case bouncing back and forth between the Democrat dominated Appeals Court and Democrat Judge Sullivan’s Court until after the November election. It will be interesting to see how long it takes Sullivan to finally rule on the case. After that if Sullivan comes down against Flynn there is a 100% chance that Sullivan’s decision will be appealed back up to the Appeals Court who can then slow walk initial decision with three judges, and end up with another en banc decision sometime later with the entire court again rehearing the case.
Everyone above moron status who has been paying attention knows that the Flynn case is one of the most highly political cases to hit the federal courts since President Trump was elected. The Democrats absolutely do not want Flynn out there with the criminal charge against him dropped telling his story before the November election, that’s what the court created delays are all about. As the Democrats know that Flynn knows where all the old Obama-Biden Administration “bones” are buried.
13 people like this.
Reply 18 - Posted by:
leonardo 8/31/2020 2:13:13 PM (No. 527081)
One of the most corrupt (Obama) administrations in American History is using Sullivan to keep Flynn gagged.
Democrats, like their brethren in Communist China, are allergic to truth except as it suits their agenda.
Give them the FINGER in a big way in November.
19 people like this.
Reply 19 - Posted by:
DVC 8/31/2020 2:20:26 PM (No. 527091)
At some point, when the judges and courts don't provide anything but corrupt political actions you have to start considering alternatives.
13 people like this.
Reply 20 - Posted by:
rytwng 8/31/2020 2:26:54 PM (No. 527098)
Just pardon him and save time and money. Tell these commiecrats up yours.
6 people like this.
Reply 21 - Posted by:
Right Time 8/31/2020 3:16:39 PM (No. 527137)
A lifetime appointment as a federal judge could get very short,
Ya' know whut Im'a sayin'?
5 people like this.
Reply 22 - Posted by:
Scribelus 8/31/2020 3:33:57 PM (No. 527153)
Black Robes Matter!
2 people like this.
Reply 23 - Posted by:
bighambone 8/31/2020 4:00:13 PM (No. 527173)
It is really hilarious that today, the same date that the DC Circuit Court denied Flynn”s Writ of Mandamus, that a Barack Obama nominated Circuit Court Judge in the same Circuit Court wrote an opinion granting Hillary Clinton’s Writ of Mandamus in a case brought by Judicial Watch regarding actions that Clinton took and matters that took place when Clinton was Obama’s Secretary of State.
5 people like this.
Reply 24 - Posted by:
Pearson365 8/31/2020 4:10:23 PM (No. 527184)
A. Since this Obama directed judge did not have the legal authority to hold a hearing to determine if Mueller’s gestapo could bring these charges against Flynn in 2017, why is Sullivan entitled to determine if the dropping of charges is appropriate?
B. When will Judge Sullivan hold his hearing to determine if the DOJ can decide to drop charges against Gen Flynn? October, November or whenever he feels like it? How long will this hearing last? 3 hours? 3 days? 3 months? If Sullivan decides to reject the DoJ’s decision, does he hold a trial in which he acts as prosecutor and judge? If Sullivan finds Flynn guilty of perjury, can Sullivan imprison Flynn in his court’s basement?
C. If the DoJ and/or Flynn’s defense team appeal this egregious decision to the Supreme Court, will Chief Injustice Roberts side with the 4 leftists to deny Flynn a hearing?
2 people like this.
Reply 25 - Posted by:
judy 8/31/2020 4:31:37 PM (No. 527200)
DC corrupt judges, they should be concerned with the.corruption in the Obama WH & Obama JD ...not Flynn ...Beyond sickening
4 people like this.
Reply 26 - Posted by:
LWGII 8/31/2020 4:36:11 PM (No. 527206)
Okay, horrible decision. But it makes it clear how important this election is. We need to get rid of these insane judges and restore the rule of law.
7 people like this.
I thought you needed a prosecutor to conduct a trial when did that rule of law change? Now any judge can just throw a case together and say you a guilty of something without a verified charge? Where is the Supreme Court? These people should all be removed from the bench immediately.
5 people like this.
Reply 28 - Posted by:
judy 8/31/2020 4:45:28 PM (No. 527215)
The blindfold needs to be removed from from one eye ....Justice is Not blind...DC has a one sided corruption justice system...
3 people like this.
Reply 29 - Posted by:
msjena 8/31/2020 5:13:52 PM (No. 527234)
Will Flynn appeal? There is an important separation of powers argument in this case. I think the SCOTUS would take decide to take it.
2 people like this.
Reply 30 - Posted by:
bighambone 8/31/2020 5:19:57 PM (No. 527241)
#29. While the US Supreme Court might take the Flynn case, remember that there are five anti-Trump liberals on the US Supreme Court, so it would be a crap shoot. It’s better now to allow Judge Sullivan to do his thing, and if necessary then start appealing.
3 people like this.
Reply 31 - Posted by:
doctorfixit 8/31/2020 5:20:36 PM (No. 527242)
The federal judiciary is the enemy of the people. Get rid of it.
2 people like this.
Reply 32 - Posted by:
LaValette 8/31/2020 5:41:46 PM (No. 527264)
Flynn must be really really important in the effort to uncover the criminal wrongdoing of the Obama people against the Trump campaign for them to fight this hard.
4 people like this.
Reply 33 - Posted by:
DVC 8/31/2020 7:04:33 PM (No. 527347)
#26, the election won't remove them. They are appointed for LIFE.
One thinks thoughts that one shouldn't think, and puts them aside.
For now.
2 people like this.
Reply 34 - Posted by:
udanja99 8/31/2020 7:27:10 PM (No. 527361)
I pray that, at some point in the very near future, Flynn gets to sue Sullivan into oblivion.
5 people like this.
Reply 35 - Posted by:
preciosodrogas 8/31/2020 7:30:41 PM (No. 527363)
I called this when it first became a topic on this board. The law was clear. The judge was correct. You can't make a judge sign off on something when it calls for the judge to make a finding and then rule on it. Hot shot lawyers cannot bully a judge. That only makes sense. I spent enough time in courtrooms watching judges take such lawyers to the woodshed for these kinds of shenanigans. There is nothing evil that. There were problems surrounding this mess. I expect Judge Sullivan will make the right call now. And I still think Gen, Flynn will be expected to answer to the judge for his statements under oath to the judge, especially after all of this. Either Gen. Flynn's statement was true in which case the Judge will decide whether he believes it should be dismissed or it was a lie and then there is question of fibbing in court to a judge that gave him every opportunity to in the world to not do it. That's one gift horse you don't ignore.
I imagine that J. Sullivan would have dismissed it if the lawyers had not tried to bully the judge. That's bad medicine, bellying through the bush is not the way to go. Those judges can get cantankerous. The judge will deal with the DOJ later.
There is nothing political to this. or if there is it's on the bar not the bench. Now, he has then naked and swing in the breeze. Not good. The law states the judge is to make the finding and rule on the motion.
2 people like this.
Reply 36 - Posted by:
cav16 8/31/2020 8:38:32 PM (No. 527406)
Reference post 35, good call Comrade!
5 people like this.
Reply 37 - Posted by:
judy 8/31/2020 11:51:10 PM (No. 527539)
Judge Sullivan was 1000000000% bias against Flynn. Why did he continue to delay his sentencing??? My guess he will stall until the election is over, if Trump wins he will drop the case. Why the hatred toward Flynn? Because he wants his first 6 million $$$$ attorneys investigated for withholding evidence??? Sidney Powell is a hero. Anyone who says this is not political is out of touch.
2 people like this.
Reply 38 - Posted by:
MickTurn 9/1/2020 8:31:20 AM (No. 527740)
SCOTUS, it's YOUR TURN, don't Blow it!
0 people like this.
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