https://twitter.com/SidneyPowell1/status/1263557289950228481
"tommylotto says: May 21, 2020 at 5:45 pm Interesting situation. On most writs, the real party in interest is one of the parties to the case. So, the judge does not have to respond. He can allow the real party in interest take the laboring oar in opposing the writ. Not this time, defense and prosecution agree. Sullivan is going to have to put pen to paper and give an accounting. He cannot farm it out to amicus, because that is part of the conduct that is being challenged."
Joe DiGenova appears weekly on the Howie Carr Show (Boston) and he emailed Howie during his show this afternoon telling him that this is a very good sign for General Flynn.
The order follows applicable rules and precedents. As is the normal practice, the Department of Justice will pay for private counsel, or they will respond to the petition on the judge’s behalf using lawyers on staff.
this is really YUGE: writs of mandamus are rare and i suspect them being granted is even more rare ... in this case, the appeals court ORDERED Sullivan to respond to Flynn’s writ of mandamus within 10 days, which means:
1. Sullivan MUST explain in writing why he’s refusing to dismiss the case and solicited unlimited 3rd party amicus curiae “briefs” as well as appointing an extra-judicial party to oppose the DoJ dismissal.
2. given a 10 day deadline, Sullivan doesn’t have time to screw around with his illegal and unconstitutional 3rd party amicus curiae “briefs” before making the appeals-court-ordered explanation of his behavior.
3. Once Sullivan has committed his “reasoning” for refusing to dismiss the case and soliciting unlimited 3rd party amicus curiae “briefs” as well as appointing an extra-judicial party to oppose the DoJ dismissal, then that becomes substance for the appeals court to make a further ruling on the writ of mandamus.
It’s a slick maneuver by the appeals court, and as far as i can see, the higher court has checked Sullivan, even if they didn’t checkmate him ...
Duplicate posts aren’t unusual.This is important...no reason to take it down.
Sooo, I wonder how much delaying influence/advice is coming House democrats, they’re experts at it now. Nadler & Schiff are pros.
“The government is invited to respond in its discretion within the same ten-day period.”
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The DOJ lawyers had best get off their dead asses and respond in great detail.
Why ten days and not three? Gen. Flynn ain’t getting any younger.
This is a great sign. I filed a writ of mandamus once. The denial was sitting on my desk before I got back to the office. 99.9% are denied without comment.
I’m betting Sullivan doesn’t respond at all and issues the dismissal on the 9th day, thus rendering the issue moot.
He doesn’t have a leg to stand on and the fact that the Appeals Court wants the judge to answer means they are giving him the opportunity to save face and just dismiss the charges.
The dismissal secured, the first exposed litigant would appear to be the Covington law firm, who withheld reams of pertinent papers from Gen Flynn’s defense.
Then the cojoined pair of Strzock and Page, who fiddled with the 302’s, might want to make a call to their favorite counsel. Mr Avenati is looking for some billable hours.
Judge Sullivan’s resume will have a meteor hole through it when this is done.
Up yours Emmet Sullivan, u hack Judge.
Sullivan WAS ORDERED to respond within 10 days.
Time for u to feel the heat Sullivan.
Could Sullivan dismiss without prejudice and leave Flynn open for another prosecution?