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.
Sullivan isn’t a party in the case of US vs Flynn. How does he have standing to bring an appeal?
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?
Is it the judge’s job to be prosecutor?
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.
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.
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.
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.
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.
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.
Imho, tar, feathers and a rail will cure this disease.
5.56mm