Skip to comments.Running Out the Clock: Mike Flynn Case Judge Requests En Banc Hearing
Posted on 07/09/2020 2:51:14 PM PDT by EyesOfTX
In possibly the single most predictable move in the long and sordid history of corrupt federal judges in America, District Court Judge Emmet Sullivans taxpayer-funded lawyer filed a request today for an en banc hearing before the DC Circuit Court of Appeals.
From a story at Law&Crime.com:
U.S. District Judge Emmet Sullivan, through his counsel Beth Wilkinson, has asked for U.S. Court of Appeals for the District of Columbia Circuit to rehear his case against the immediate dismissal of the Michael Flynn prosecution.
The Thursday petition for rehearing comes after a three-judge panel on the D.C. Circuit granted Flynns petition for writ a mandamus on June 24, directing Sullivan to dismiss the case.
The panel majority granted the extraordinary writ of mandamus to prevent the district court from receiving adversarial briefing and argument on a pending motion. The opinion is couched as a fact-bound ruling based on the record before the district court, the Sullivan petition for rehearing began. It in fact marks a dramatic break from precedent that threatens the orderly administration of justice.
That last sentence is laughably absurd that it is hard to believe a competent lawyer actually wrote it. The only dramatic breaks from precedent in this case wer Sullivans decision to refuse to grant the governments motion to dismiss it due to rampant misconduct and hiding of exculpatory documents by the FBI and the DOJs own prosecutors, followed by Sullivans hiring of a) an ex-federal judge to write an amicus brief supporting Sullivans absurd decision-making and b) a defense lawyer to represent him, a sitting federal judge, before the Court of Appeals.
It is notable that todays request for en banc by Sullivans lawyer comes a bare week before Sullivan was to have held a hearing to consider dismissing the case based on the order two weeks ago by a 3-judge panel of the DC Circuit that he do so. It is also notable that none of the 11 judges on the DC Circuit Court itself took the initiative to request an en banc, something any one of them could have done had they felt the order by the 3-judge panel was in error.
That fact, along with the utterly absurd reasoning put forth by his own lawyer likely means Sullivan has little chance of actually prevailing in his en banc quest. Sidney Powell will rip Ms. Wilkinson and silly attempt to put lipstick on this legal pig to shreds.
But the strategy here is painfully obvious: This is just the next step in Sullivans desperate effort to delay any final dismissal of the Flynn case until after the November 3 election. Can anyone doubt that, after he pretty much inevitably loses this appeal at before the Circuit Court that he and his taxpayer funded lawyer will then file a similar motion to have the case heard before the U.S. Supreme Court, which does not convene again until the first Monday in October?
Sullivan is an utterly corrupt tool of the Deep State. He and his Lawfare lawyer know he is in the wrong here, and that he cannot ultimately prevail based on legal arguments. This is just one more attempt to delay the inevitable, so that Flynn can be prevented from publicly revealing all he knows about the negotiations of the Iran Deal and other wrongdoing during the Obama administration before November.
What a circus.
That is all.
It’s not an option for the judge....but any one of the initial judges can call for it.
So the dissenting judge on the panel did NOT ask for en banc review.
What is amazing to myself is the depth of which these bastards will go to cover up their crimes. Or in this case, the uncovering of their crimes.
And they will all go down to the gallows as one and hang together.
Does Sullivan think he can drag this out 4 months???
Wonder if Flynn can sue the court for malicious prosecution?
This judge can afford his own attorney
Sullivan will never be impeached as long as traitors fill the House of Representatives.
Im surprised the judge did it himself. Id think the prosecutor he appointed would more likely do it. I guess even he saw the futility of that.
Wilks didnt request. Sullivan requested through his atty. Wilkerson and another attorney at her firm signed the petition.Sullivan didnt do it himself. Taxpayers pay.
The black robes learn to be gods in their three years of law school.
He’s the one that would do it....and we haven’t seen that yet....that I know of.
This Court has 4 Obama appointees, 3 Clinton appointees, 1 by GW Bush and 3 by Trump.
They’ll take the case.
It is hard to overstate how wildly inappropriate this is. Under the Federal Rules of Appellate Procedure, a trial court judge is not even allowed to respond to a petition for mandamus unless invited to do so by the court of appeals. Why on earth does he think he is allowed to request en banc review?
“””Under the Federal Rules of Appellate Procedure,””””
Rules are stupid and aren’t used anymore.
I agree. It is a circus and it definitely is not Flynn’s fault.
Maybe I wasnt clear enough. Sullivan filed the papers thru his attorney. I was musing that he appointed this former judge, John Gleason, to challenge the Flynn motions and Gleason apparently did not have the balls to file a petition for hearing en banc himself. So that meant Sullivan had to do it if he wanted a review by the entire court.
Just read on politico Sullivan was being creative. Only Wilks or another judge on D.C. circuit can request. If not accepted, dismissal effective July 15.
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