Posted on 08/11/2020 3:08:41 PM PDT by CheshireTheCat
...Powell began with a short opening statement and then responded to questions posed by the 10 active judges hearing the appeal. (Judge Gregory Katsas did not participate in the en banc proceedings.) Jeff Wall, the acting solicitor general, argued next on behalf of the government, followed by Beth Wilkinson, the private attorney retained to represent Sullivan. Powell and Wall concluded with short, two-minute rebuttals.
The questions posed focused mainly on the propriety of mandamus in the Flynn case given that Sullivan has not yet ruled on the government’s motion to dismiss. Mandamus is an extremely rare remedy, appropriate only when there is a clear and indisputable right to relief. Counsel for Sullivan argued there is no need for mandamus because a hearing has not even been held and there is no reason to believe Sullivan will not follow the law. But what exactly the law is, the court pushed the parties to explain.
Was Sullivan required to grant the motion? If so, what purpose is there for allowing further proceedings? Or does Sullivan have the authority to call witnesses and take evidence to challenge the Department of Justice’s decision to dismiss the case? If so, where does that authority end?...
(Excerpt) Read more at thefederalist.com ...
The en banc panel appears to be ready to ignore the facts, ignore the law, ignore the rules of the Court, and ignore the U.S. Constitution. But, they don’t appear to ready to ignore Judge Sullivan and his gang of thugs. Their comments today may have been to feed the blood thirsty crowds of the Democrats, the Swamp, and the Trump haters, so we’ll have to wait to see how they vote.
He knows where the bodies are buried
Of course, and he also knows whom among the living should be buried. They are all senior members of the Obama Administration.
They are looking for ways to skirt the law for political reasons.
A pile of exculpatory evidence is now in the hands of the defense. The government’s case is considerably weaker than it was 6 mos ago.
“The government’s case is considerably weaker than it was 6 mos ago.”
The governments case is gutted. They have nothing except an illegally coerced guilty plea.
If it comes to it, don’t expect Leftist CJ Roberts to obey the law (U.S.Constitution) either.
Probably by a 5-4 denial of certiori.
SPJNK.
My favorite question was from, I believe, Judge Wilkins, he with the hypotheticals. It went something like this: “As a hypothetical, what if this was another administration and ... “
These Trump haters are so transparent. The attorney answering was kind enough to ignore the “another administration” part which had no bearing on his stupid hypothetical. But really?
Oh, and except for two female judges, the famale judges sounded like Karens.
KCWYS
Thanks,Tried my best to listen but had 6 kids here :)
Whats certiori?Thanks.
It’s when theSupreme Court decides to accept a case or not;
if Flynn’s team were to appeal a possible outrageous ruling by the en banc Court of Appeals.
I’ll buy a clue for $150, Alex...
Would that be the next move after the ruling?Thanks for the answer :)
VRHJD
Trump still holds the ace, the pardon.
4 agreeing grants cert, I think.
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