Posted on 06/04/2020 8:21:18 PM PDT by Ken H
The order setting the oral arguments for 6/12/20 is embedded below. What follows is commentary by appellate lawyer John M. Reeves, as unrolled from his Twitter thread:
1) WOW--the DC Circuit just entered the below order that, among other things, sets the Flynn mandamus petition for oral argument TEN DAYS FROM NOW, on FRIDAY, JUNE 12, 2020. This is a VERY GOOD development for Flynn.
2) The setting of oral argument shows that the DC Circuit is gravely concerned about this matter, and wants to hear further from all sides.
3) This will give the DC Circuit the opportunity to pepper Sullivan's lawyer with as many questions as they want about the arguments raised in her brief. They can interrupt her as much as they want.
4) What is also noteworthy about the order is that it sets oral argument only TEN DAYS FROM NOW. For appellate oral argument, that is an INCREDIBLY SHORT AMOUNT OF TIME.
5) Typically, when a federal appellate court sets a matter for oral argument, it gives the lawyers at least THIRTY DAYS, if not more, advance notice.
6) Here, by contrast, the DC Circuit gave the parties--including Judge Sullivan's lawyer--a mere TEN DAYS to prepare for oral argument.
7) For non-lawyers, a ten day notice for oral argument may seem like a long time, but it isn't. It's an increidibly short amount of time.
8) I'm not a builder or construction worker, but I'll make a comparrison: the DC Circuit's ten-day notice to Judge Sullivan's lawyer is equivalent to...(cont)
9) (cont from previous) ...telling a construction crew they have only ten days to demolish the local library, completely rebuild it according to the new blueprints, and ensure the interior of the new building is refurbished, along with all the outdoor landscaping being in order.
10) It's POSSIBLE to do, but incredibly difficult and demanding to fulfill.
No. We want the case dismissed. Period. It's been 29 days since the DOJ dropped the case, yet Flynn remains stuck. Tell me this is anything other than a delay tactic to damage Trump.
On their side, they are sweating bullets over this order and given their joke of a brief, this is going to be another disaster for them. Marching to victory.
You are delusional, and you are not alone. The Deep State is worried about nothing.
You do realize that the DOJ ie the prosecution is now defending the defendant. They are refusing to prosecute the case. At present there is no case for Sullivan to adjudicate. He is so entirely off the rez that the DC circuit court is likely looking to quickly wrap this up and move on.
I hope they do so based on gross abusive prosecutorial conduct; Constitutional Due Process violations; Brady violations; conspiracy to obstruct justice and actual obstruction of justice; violations of Title 18 U.S. Code 241/242.
I hope the COA avoids the issue of the government having absolute discretion to charge or not charge a crime, or dismiss a prosecution for any reason, or no reason, at any time.
Having read the Constitutional and Rules of Criminal Procedure, I just don't see that the Government and Flynn's argument is really strong based on the clear meaning of the written words. Yes, I know that the COA and the U.S. Supreme Court has ruled that the government can do so,but I think they are mistaken. What happens when the government refuses to prosecute a person for what are clearly serious felonies, even treason and sedition?
When our nation was founded, the was a common law that allowed for private prosecutors, and in some states, there are statutes enacted into law that permit this process if a prosecutor declines to do so. The State of Washington is one of them. Statutes like this address situations when a prosecutor is corrupt. In my mind, that would be very dangerous
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