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 ...
This doesn’t even qualify as legal analysis. The Judge Sullivan request en banc is without precedent. The Court of Appeals approved Fokker and it will not want to revisit it nor should they. That no individual judge on the Court of Appeals expressed interest to hear the matter is significant.
Sidney Powell will brief the full Court of Appeals on the victory she achieved in the Writ of Mandamus. The issue is that Judge Sullivan after losing again can then submit another motion appealing to the US Supreme Court.
Not that the US Supreme Court will hear his appeal, they won’t. But it would be problematic putting justice on hold for General Flynn for additional months into the fall before it too is rejected.
The idea that General Flynn would return to the Administration is equally foolhardy. The general has suffered severe financial distress and will seek to address that which is not going to happen in any public service position.
BS. We know 3 judges think Sullivan is wrong.
Having said that, I can kind of understand why Sullivan would be a petty SOB in the current matter. Flynn signed a plea deal under penalty of perjury and swore to Sullivan's face at least twice that he was guilty as charged. With this case now more than two and a half years old and subject to endless sentencing delays, I'd probably be at the point where I'd want to throw everyone from both sides in jail just for wasting my time.
Uh ... Joe DiGenova is a former Federal prosecutor. LOL.
One of his claims to fame is that he prosecuted the Jonathan Pollard case. Interestingly, Pollard got a life sentence in that case even though the prosecution agreed as part of the plea deal to request a lesser sentence.
Not only would Flynn fail to get Senate confirmation for such a post, but he wouldn't even get a single U.S. Senator from either party to support his confirmation.
Flynn has done more than enough for his country. He not going to work for the govt again.
Are photos of America’s Most Wanted still posted in post offices? There needs to be a site where enemies of the state, like Sullivan, can be posted.
In fact,he's also on Newsmax TV at that time of day.
So the thing goes en banc.
The prosecution has dropped the case and walked out, and defense has a stack of new exculpatory documents.
The appeals court is going to allow a rebuild of this prosecution dumpster fire?
Doubt it.
DC and its judicial branch are not part of USA anymore.
They have been conquered by enemies domestic, and foreign. DC now deliberately violates USAians right to lawful (constitutional) government; both a felony and treason. The massive creature living in DC is busy destroying We-The-People and the law of our land.
This Judge IMO needs to be drawn and quartered. I’m sick of this clearly partisan and biased effort to destroy General Flynn. This judge is trying to destroy a man using his power and needs to have the same done to him in spades so that in the future any partisan activity by Judges will have significant forethought as to the consequences.
I have been following this case very closely including reading all of the court documents. But I was out of state with the grandkids over an extended weekend and so have been catching up this morning.
I disagree with the analysis and the conclusion. A statistical analysis to predict how decisions are made at this level is useless. The circuit court will grant an en banc hearing based on the facts, the law, and the effect of the decision on the operation of the judiciary on other cases. Politics is certainly at play, and several of the 11 Circuit Court will certainly vote on politics and nothing else. But, the decision will be based on this:
1. Constitutional Questions. This is a Separation of Powers case and the briefs by Sidney Powell and the Solicitor General of the U.S. have clearly argued why the Constitution is being violated by Judge Sullivan. Sullivan has, in effect, appointed a special prosecutor and has assumed the powers of the Executive that resides in the Department of Justice. He cannot do this.
2. Law and Circuit Court rules that applies to their subordinate courts and judges. Judge Sullivan is required to dismiss this case and had to do it as soon as the DOJ decided to end their prosecution. The 3 judge panel made this finding in a clearly fashion, supported by facts, law, case law, and once again, the Constitution.
3. Self interests of the Court. Even though the Circuit Court has a majority of Democrat appointed judges, all of the judges will consider their own powers and perogatives. Most of these are based on precedent and tradition. Granting an en banc hearing will put this at risk in order to grant a short term political advantage to the Democrats who are hoping to get a series of delays which will force Trump to grant a pardon to Flynn. Trump will certainly pardon Flynn, but his real goal in this case is to expose the criminal conspiracy by the Obama Administration. If he pardons Flynn, the Democrats will use it to provide cover to the crooks who conspired to frame Flynn.
I predict that the Circuit Court will deny the en banc hearing and Sullivan will then go to the Supreme Court. The Supreme Court won’t want to have anything to do with this disaster. So, at that point, this will over.
One of the characters in Pogo was given to making pronouncements of that character.
I used it just today!!
DITTO to that .
ping
“That guy doesn’t know anything about the federal court. He’s completely wrong.
Uh ... Joe DiGenova is a former Federal prosecutor. LOL.”
AC, I’m not talking about Joe diGenova. I was talking about the guy who did the article.
“I predict that the Circuit Court will deny the en banc hearing and Sullivan will then go to the Supreme Court. The Supreme Court won’t want to have anything to do with this disaster. So, at that point, this will over.”
Centurion, we agree exactly. Your analysis is cogent and helpful for those who haven’t followed the case and in such a legal detailed light.
I’m holding out a slim reed of hope that after the full Court of Appeals rejects Judge Sullivan’s motion, he opts not to go through the wasted exercise submitting it to the Supreme Court. He knows full well it will go nowhere.
The danger to Flynn is that the full circuit will grant Sullivan’s appeal and the Supreme Court won’t touch it when Flynn appeals. The courts are so political and will look at the short term results. They could easily decide to go the opposite way on a sane future case depending on the parties...they exist to make up law on the fly. Their goal is to damage Trump in any way they can.
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