Skip to comments.Judge Sullivan's Appeal for 'En Banc' Hearing Has Good Chance at Success
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 ...
Joe DiGenova leans the other way. We shall see.
A simple matter of DISMISSING CHARGES requires all this?
If dumbocrats don’t see the evil in their party...
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.
Sullivan isnt a party in the case of US vs Flynn. How does he have standing to bring an appeal?
Dirty Emmet HAS standing because he declared
himself ‘KING’ of America, as he micturated on the
Will Never trust a DC Circuit judge again.
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?
“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.
Is it the judge’s job to be prosecutor?
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.
Of course, Joe’s been so right about Barr...but we can hope he’s correct here.
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.
They don’t. They revel in it.
No, Flynn will sue their asses off if the case is dismissed.
Aptly named source. 4 paragraphs of thinking and still not a mention of the topic in the headline.
All brought to us by Cali-forniia legalizing vote harvesting and flipping those seats in orange county.
That guy doesn’t know anything about the federal court. He’s completely wrong.