Thanks for the link to the opinion. It is a long read, but well worth the time. Judge Rao’s majority opinion is a major slapdown of everything that the Coup d’Etat cabal and their allies in the bar and the judiciary attempted to do here. Thank God for Sydney Powell and her hard work.
In his opinion, Judge Rao cites Fokker and points out the clear limitations in Rule 48 for the application of the “leave of the court” clause. It is there for the sole reason to protect defendants from prosecutorial harassment. Prosecutorial and Judiciary harassment was exactly what was going on before Attorney General Barr and Sydnel Powell weighed in on this travesty. The opinion is quite damning to what the Obama Administration tried to do.
But such discretion is vacuous since he has no power to do anything except dismiss, and the COA does not overstep its authority in expeditiously doing what Sullivan failed expeditiously to do.
thanks for the link ... amazing opinion, completely destroys sullivan’s illegal actions and completely dismantles his bogus response to the appeals court regarding the mandamus request ... this opinion is also a powerful addition to case law that will pretty much end all such shenanigans of activist judges to stick their noses into dismissal of cases by prosecutors ...
the other thing the opinion made clear that i didn’t really understand beforehand, was that sullivan and gleason were ultimately trying to tie the DoJ into knots indefinitely by forcing them to defend themselves against an infinite and unending tsunami of accusations about this case and any other cases they so chose to attack ...
this is a gigantic win for the rule of law, separation of powers, and the U.S. Constitution, and would NOT have occurred without judge Neomi Rao, who was appointed by President Donald J. Trump.
Thank you very much for providing a direct link to the decision itself. That is very helpful.
Pretty contentious decision, particularly Rao’s rejection and rebuttal of Wilkins’ dissent.