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.
I read it was going to be live streamed but I don’t have a link to confirm that.
Good news...having had his bluff called, I’ll wager judge Sullivan throws in the towel and dismisses the case.
Linda Grahamnasty didn’t help at all today.
No surprise.
You’ll lose that wager, how much do you want to put up?
Asking for oral argument demonstrates a number of things. They are nervous about the political implications, they are respectful of Sullivan’s lawyer, and they are not eager to grant mandamus against the judge.
My prediction is they will allow Sullivan to do something, but not all that he planned to do.
The quick oral argument indicates they don’t want to hold onto the case for very long. They want to quickly send it back to Sullivan.
They will probably stop his use of Gleeson, but allow Sullivan to develop more facts before ruling.
I think your right, this is just more delay, delay, delay, trying to stretch this out until election time. The deep state has to keep Gen. Flynn from exposing what he knows.
Very unusual to have the defense and prosecution on the same side against the presiding judge who has his own attorney. And why exactly would the appellate court not recuse a judge who has decided to become a third party in a criminal case?
there will be very few questions for Sidney Powell and the DOJ attorney, but plenty for Sullivan’s attorney. Sullivan may not even make an appearance to hear the oral arguments.
It is possible that the D.C. Circuit could enter an order granting the Petition for the Writ of Mandamus later on the day of the hearing “with opinion to follow”. They probably have their opinion written already.
You all could be very surprised.
I think there are two distinct issues.
1) Whether Sullivan has to dismiss the charge brought by the Government? I think that answer is clearly yes, so the mandamus will issue to require the dismissal.
2) Whether Sullivan has the right to insist that a contempt proceeding occur against Flynn, which would be a new and different charge. I think the mandamus petition didn’t squarely raise that issue, and I think that’s what the oral argument will focus on.
The honorable and just general Flynn is the Rosetta stone of this entire government conspiracy to bring trump down
Obama hated him and wanted him destroyed at all costs
The tables have turned and the Democrats are scared shitless that the gag is going to be taking off this great man
What you said!
Now watch out for all manner of mayhem orders to come out of the O’bungle camp starting June 9-10. It will make the last few days seem like a walk in the park
The fact that they are entertaining arguments at all is not a good sign. It should have issued a rebuke and entered a final order.
Flynn should just start talking. That would put an end to the craziness. Sure there might be a contempt hearing, but he’d appeal and would get it reversed due to Sullivan bias.
Sullivan put a gag order on Flynn.
Don’t get your hopes up.
And why exactly would the appellate court not recuse a judge who has decided to become a third party in a criminal case?”
Because they are on the same side. Sullivan has pulled law out of his ass and the appellate court has let him and facilitated him.
Yeah, sure they are.
That's why they are calling forth open defiance by SECDEF and Chairman, JCS, together with a raft of retired general officers (Mattis, Allen, and Kelly).
Because they are scared.
Scared of what? They are one move away from success.
You and the rest of the unhappy campers on this thread will never be satisfied until the lynch mob strings them up from the street lamps along Pennsylvania Avenue. 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.
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