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Judge Sullivan's Appeal for 'En Banc' Hearing Has Good Chance at Success
American Thinker.com ^ | July 13, 2020 | Aaron Ames

Posted on 07/13/2020 4:40:23 AM PDT by Kaslin

Judge Emmet Sullivan's refusal to abide by the D.C. Circuit Court's decision to dismiss the Flynn case and subsequent appeal for an "en banc" decision is not without precedent.

Flying under the radar is the role that Judge Sullivan has played in simultaneously overseeing both the Michael Flynn case and a major lawsuit against Trump. In Blumenthal v. Trump, Jerry Nadler, who oversaw the House impeachment of Trump, and some 200 congressional Democrats sought to sue the president according to the obscure "Emoluments Clause." The basic contention is that Trump is in a compromising position because his business holdings occasionally receive funding or contracts from foreign entities, much like any other elected official with business interests in foreign countries.

As Matthew Walther noted in The Week, "The [Emoluments C]lause has never given rise to any legal cases of note, and it has never been defined or even meaningfully addressed by the Supreme Court." But Sullivan was willing to take the first shot at it by ultimately ruling the suit as constitutionally valid, while admitting that "there is only one other judicial opinion interpreting the Clause." Sullivan relied entirely upon the briefs and counsel provided him by Democrats, as he has also done in the Flynn case, especially by bringing in retired judge Gleeson and inviting briefs from activist lawyers and prosecutors.

As in the Flynn case, the D.C. Circuit Court intervened to dismiss the case because Sullivan "did not adequately address ... the separation of powers issues present in a lawsuit brought by members of the Legislative Branch against the President of the United States." The Circuit Court also protested that Sullivan had "abused" his discretion in attempting to minimize and reject the validity of Trump's appeal.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Culture/Society; Editorial; Government; News/Current Events
KEYWORDS: article3impropriety; defunddccircuit; defunddccourts; emmetsullivan; impeachemmetsullivan; indictemmetsullivan; judicialimpropriety; seditiousblackrobe; treasonousblackrobe
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1 posted on 07/13/2020 4:40:23 AM PDT by Kaslin
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To: Kaslin

Joe DiGenova leans the other way. We shall see.


2 posted on 07/13/2020 4:41:27 AM PDT by jimfree (My19 y/o granddaughter continues to have more quality exec experience than an 8 year Obama.)
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To: Kaslin

A simple matter of DISMISSING CHARGES requires all this?

If dumbocrats don’t see the evil in their party...


3 posted on 07/13/2020 4:43:07 AM PDT by Mr. K (NO CONSEQUENCE OF REPEALING OBAMACARE IS WORSE THAN OBAMACARE ITSELF)
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To: Mr. K
If dumbocrats don’t see the evil in their party...



4 posted on 07/13/2020 4:46:58 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Kaslin

Sullivan wants to put Flynn in jail for confessing to a crime he didn’t commit due to a confession being beaten out of him thru a case fabricated by corrupt FBI agents trying to overthrow the election of the President. This is how sick and vindictive the Left is.


5 posted on 07/13/2020 4:47:44 AM PDT by Flick Lives (My work's illegal, but at least it's honest. - Capt. Malcolm Reynolds)
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To: Flick Lives
"Sullivan wants to put Flynn in jail for confessing to a crime he didn’t commit due to a confession being beaten out of him thru a case fabricated by corrupt FBI agents trying to overthrow the election of the President. This is how sick and vindictive the Left is."

Other than using the term "beaten" you are spot-on correct.

6 posted on 07/13/2020 4:50:30 AM PDT by Loud Mime ("Now, go and do your duty before darkness covers the earth." Michael Uhlmann (1939 - 2019))
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To: Kaslin

Sullivan isn’t a party in the case of US vs Flynn. How does he have standing to bring an appeal?


7 posted on 07/13/2020 4:53:33 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: Sgt_Schultze

Dirty Emmet HAS standing because he declared
himself ‘KING’ of America, as he micturated on the
US Constitution.

Will Never trust a DC Circuit judge again.


8 posted on 07/13/2020 4:58:24 AM PDT by Diogenesis ("when a crime is unpunished, the world is unbalanced")
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To: Kaslin

A good chance? Who the hell didn’t know that? Better than good, call it a lock. What stupido thinks there’s any thing honest about any of this?


9 posted on 07/13/2020 5:00:10 AM PDT by TalBlack
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...

10 posted on 07/13/2020 5:03:21 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: Loud Mime

“Other than using the term “beaten” you are spot-on correct.”

Being beaten emotionally is much more damaging to an individual than being beaten physically.


11 posted on 07/13/2020 5:05:31 AM PDT by ryderann
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To: Kaslin

Is it the judge’s job to be prosecutor?


12 posted on 07/13/2020 5:08:20 AM PDT by vigilante2 (Make liberals cry again)
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To: Loud Mime; Flick Lives

Well, they didn’t ‘beat’ it out of him because leaving marks would have been to obvious.

They resorted to the tried and true Soviet tactic of threatening his son whose wife had a newborn baby.

I cannot write what I think should happen to every scumbag on the left who participated in this scourging of Gen. Flynn.

And Sullivan is right up near the top of that list of scum.


13 posted on 07/13/2020 5:09:07 AM PDT by rlmorel ("Truth is Treason in the Empire of Lies"- George Orwell)
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To: jimfree

Of course, Joe’s been so right about Barr...but we can hope he’s correct here.


14 posted on 07/13/2020 5:16:23 AM PDT by 9YearLurker
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To: Kaslin

How many Dems and blackmailed RINOs are there on the en banc panel? I strongly suspect there are more than enough to continue this farce.


15 posted on 07/13/2020 5:19:12 AM PDT by Dan in Wichita
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To: Mr. K

They don’t. They revel in it.


16 posted on 07/13/2020 5:28:49 AM PDT by carriage_hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: Mr. K

No, Flynn will sue their asses off if the case is dismissed.


17 posted on 07/13/2020 5:33:34 AM PDT by abbastanza
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To: Kaslin

Aptly named source. 4 paragraphs of thinking and still not a mention of the topic in the headline.


18 posted on 07/13/2020 5:41:04 AM PDT by edwinland
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To: Kaslin

All brought to us by Cali-forniia legalizing vote harvesting and flipping those seats in orange county.


19 posted on 07/13/2020 5:41:25 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.for corruptiion)
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To: jimfree

That guy doesn’t know anything about the federal court. He’s completely wrong.


20 posted on 07/13/2020 6:04:10 AM PDT by romanesq (Flubro, from the people who brought you the stupidity of grifters & the letter Q)
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