This is their first argument which claims that the Chain of Command of the DOJ, including the Attorney General of the United States, cannot overrule career prosecutors (read: Deep State operatives). This is nonsense.
The rest of their argument tries to throw manure into this dumpster fire by citing precedence that have all been rendered moot by the recent unanamous decision of the Supreme Court. Judges have been commandeering the powers of the Executive to serve as prosecutors, judge, and jurors to advance their political agenda. Madison in Federalist 47 said that this would lead to tyranny which is exactly what is going on.
The Circuit Court is not going to buy this.
The judge is trying to keep the Flynn case going because anti-Trumpers want no news stories verifying how any of Trump’s associates were treated unfairly, and outright railroaded by high government officials. No stories that show Trump associates were wronged, and were innocent of wrongdoing.
If that happened, then the whole Russia Hoax scam would start unraveling even more than it has already, with the 2020 elections getting closer and closer. Can’t have that.
I’m not a lawyer, so I don’t know what it all really means, but it seems to me that Judge Sullivan is saying that he hasn’t made a decision yet, so they shouldn’t force him to right now. And Flynn would still have a right to appeal.
The judge needs to get ready for a big slap down.
Hopefully the appeals court tells Judge Sullivan to go screw himself.
Bookmark
Nine pages until he finally has some text, and that’s his opening? It’s “unusual”? I wish the Appellate Circuit luck, but I am not going any further reading this giant brain fart of a brief.
Sydney has 7 days to file a Reply brief to Sullivan.
1. DOJ doesn't have to explain itself when it drops charges.
2. There is no plaintiff or charge when it is dropped, therefore there is no case.
3. A judge has no authority to try a case without a plaintiff and a charge.
Beth Wilkinson will lose some cool points in DC for this one. This was obvious.
Mrs. David Gregory is a LOSER in this fiasco,
Mrs. David Gregory is a LOSER in this fiasco,
I have no legal experience. Zero.
I do not look at this as a legal case, rather it is purely political.
To those who think the court is not going to buy these blitherings, I say they already have in giving this cretin 10 days to defend when they should have bitch-slapped his lying ass. WHY didn’t they bitc-slap his selfserving prevaricating ass? Because they’re as corrupt as Sullivan and on his side. Sydney is going to go ballistic in a very short while.
This doofus has neither the morality nor the intelligence to serve as a judge in any court...not even traffic court.
Does anyone have a direct link without having to go through CNN?
Someone is threatening his/his family’s lives, and being paid quite well. Maybe there’s also skeletons in his closet.
There is a legitimate need for a judge to respond to frauds perpetrated against his court.
One fraud was committed by Flynn by testifying under penalty of perjury that he was guilty. That act appears to be mitigated significantly by the hidden agreement of the prosecutors not to prosecute Flynn's son.
Other frauds were perpetrated on the court by the prosecution. These frauds probably include false statements, withheld evidence, hidden coercion, and who knows how many other crimes.
The government evidently disappeared all the offending prosecutors and introduced a motion to dismiss which admitted to the frauds.
The main claim made to the appeals court seems to be that Sullivan has the authority to consider whether the misbehavior in his court justifies sanctions against the various parties to the case.
It wouldn't surprise me if the request for a writ is denied along with a description of how Sullivan should proceed. Sullivan should slap Flynn's hand for committing perjury under coercion and let him go.
Sullivan should then call everyone whose name appeared associated with any prosecutorial claim and give them a chance to explain why they should not be held in contempt. Then Sullivan should sentence some of the prosecutors to sentences for contempt and make referalls to the Justice Department for further investigation.
p
No surprise, all predicted on this thread a week and a half ago:
http://freerepublic.com/focus/f-news/3847324/posts
Here you go Jack. Bitt gave me the link.
https://twitter.com/SidneyPowell1/status/1267548648470196225
(Click on the picture with the lightning bolts.)
Amicus Briefs:
June 1, 2020 – Brief of Majority Leader Mitch Mcconnell and Senators Tom Cotton, Mike Braun, Kevin Cramer, Ted Cruz, Charles E. Grassley, and Rick Scott as Amici Curiae in Support of the United States of America
June 1, 2020 – Brief Amici Curiae of Eleven Members of the United States House of Representatives in Support of Petitioner and Reversal
June 1, 2020 – Brief for The United States in Support of the Petition for Writ of Mandamus
June 1, 2020 – Brief for Judge Emmet G. Sullivan In Response to May 21, 2020 Order
June 1, 2020 – Brief Amicus Curiae of Former United States Attorney General Edwin Meese III and Conservative Legal Defense and Education Fund in Support of Petitioner in the DC Circuit Court of Appeals
A slew of high powered amicus briefs that make Judge Sully look like a whiney chump. Separation of powers, prosecution belongs to the executive branch, the DoJ and defendant agree on dismissal, etc.