General Flynn Case Update – Appeals Court Orders Judge Sullivan to Dismiss Flynn Case…

Conservative Treehouse ^ | 06/24/2020 | Sundance

[SeekAndFind]

The three judges on the DC Circuit Court of Appeals have approved a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against Michael Flynn. [pdf here]

The panel ruled 2-1, that U.S. District Judge Emmet Sullivan overstepped his authority in not accepting the unopposed motion and questioning prosecutors’ decision. This is a big victory for the Flynn defense team. Not sure what Sullivan will do now.

Judges Karen Henderson and Neomi Rao supported the writ, judge Robert Wilkins did not. Henderson was the surprise vote.

Writing the majority opinion Judge Neomi Rao noted, “in this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power.” “If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice,” Rao added.

[Montana_Sam]

Wilkins is just bilge water from the swamp.
Nothing more.

[gcparent]

Excellent!!

[Da Coyote]

Just heard the hour “news” from one of our despicable media excrement pits which mentioned the dismissal of Gen Flynn who “...lied to the court...”. Yup, that’s all they referred to.

Please, please give me front seats to the firing squad that we’ll have after the sure to come CW-II. These folks will well and truly deserve what will come to them.

[gcparent]

Now Trump will pardon Stone.

[bwest]

An obama judge.

[gcparent]

He is on the transcript sounding like a racist bafoon

[Fido969]

There is still a possible avenue for Sullivan to appeal. And lefties never give up.

[veracious]

Hold on ! What?

A DC=federal court could figure this out? Could rule on clear cut constitutional law? Amazing.

Jail for judges who cannot follow the supreme law and subordinate laws of USA. Seriously.

[karnage]

THANK GOD.

And Sidney Powell.

[ameribbean expat]

Especially when it costs them nothing to go forward.

[ModelBreaker]

I suspect Sullivan will appeal. It was 2-1 and he would like to either sentence Flynn or hold him in contempt. Failing that, he wants to string the appeals out until after the election.

[Wuli]

O.K.

Its a decision of a three judge panel.

I am not sure but I think two things can now happen. A majority on the circuit court can order the case before the full court, or if that does not happen Sullivan himself can appeal the 3 judge ruling to the full court. Then if neither of those things happen, that could be the end of it for Sullivan.

However, I would think that it would take a majority on the circuit court to disagree with the reasoning of the decision of the 3 judge panel, to either see the full circuit court take the case directly or rule in Sullivan’s favor on an appeal to from him.

If the full circuit court does nothing at this point, the next move is up to Sullivan.

[centurion316]

Henderson was the surprise vote.

I believed that after listening to the media and commentators, including the so called conservative ones. They told us that the panel would rule in Judge Sullivan's favor. Than I read the transcript of the hearing. They were wrong, wrong, wrong.

On the FR Republic thread on the transcript, I predicted that the panel would grant the writ of mandamus and direct Judge Sullivan to dismiss the case. I reached this conclusion by reading the transcript which was very different than the accounts of the hearing. Judge Henderson did praise Judge Sullivan, but see never praised the brief that his counsel filed, and she never indicated that she agreed with their version of the law or of the facts. A clear attempt to give a head fake to the public and continue the Left's narrative.

I did get wrong on the timing of the release of the decision. I did not take into account the Supreme Court's schedule for releasing opinios. They released an opinion on Tuesday, and are expected to release additional decisions on Thursday. No opinions for today. Perhaps the Circuit Court was showing deference by taking care to avoid stepping on a Supreme Court opinion.

[mewzilla]

Flynn is on Limbaugh right now.

[Cboldt]

MOTION to Clarify / Request for Clarification

Case 1:17-cr-00232-EGS Document 232 Filed 06/24/20

On May 13, 2020, the Court issued an order appointing me as amicus curiae "to present arguments in opposition to the Government's Motion to Dismiss, ECF No. 198 . . . ." ECF No. 205. The Court further directed me to "address whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury pursuant to 18 U.S.C. 401, Federal Rule of Criminal Procedure 42, the Court's inherent authority, and any other applicable statutes, rules, or controlling law." Id. On May 19, 2020, the Court granted my request to submit a brief on or before June 10, 2020 and a reply brief on or before June 24, 2020.

My reply brief has been completed and is ready to be filed. However, earlier today the D.C. Circuit granted Mr. Flynn's petition for a writ of mandamus in part, directing the Court to grant the Government's Rule 48(a) motion to dismiss and vacate its order appointing me as amicus curiae. Under the D.C. Circuit's rules, an "order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary." D.C. Circuit Rule 41(a)(3). Because the D.C. Circuit can depart from this rule and give its order immediate effect by saying so explicitly, cf. In re de Henriquez, No. 15-3054, 2015 WL 10692637, at *2 (D.C. Cir. Oct. 16, 2015) ("FURTHER ORDERED that this order become effective immediately."), but has not done so in this case, I believe this Court's orders appointing me and directing me to file my reply brief today remain in effect. The writ is not yet in effect, and it is conceivable that further proceedings in the circuit court may prevent it from taking effect.

On the other hand, I do not wish to show disrespect for the court of appeals by filing my reply brief in the face of a decision directing this Court to vacate the order appointing me as moot. Accordingly, I seek guidance from the Court in that regard. Specifically, in light of the decision issued this morning by the court of appeals, I request clarification as to whether my reply brief should be filed. In addition, I respectfully request an extension of time to file the reply brief until this Court has provided such clarification.

In the interest of filing this request as promptly as possible, I have not conferred with counsel for the Government or Mr. Flynn regarding this request.

John Gleeson
DEBEVOISE & PLIMPTON LLP
919 Third Avenue
New York, New York 10022
(212) 909-6000
jgleeson@debevoise.com

Court-appointed Amicus Curiae

[Cboldt]

-- There is still a possible avenue for Sullivan to appeal. --

More than one. This can drag on 6 to 16 weeks pretty easily. Sullivan has nothing to lose, he's literally and absolutely immune. He an do whatever he wants without repurcussion or ramification.

[Cboldt]

A majority of this Circuit is apt to side with Sullivan.

No matter what the Circuit Court does, he can appeal to SCOTUS. Not that SCOUTUS will take it, but hye can petition and further delay the eventual outcome.

The public is near total ignorant of law, so the press can spin this as Trump or Barr meddling with the rule of law for partisan purposes.

[Wuli]

“A majority of this Circuit is apt to side with Sullivan.”

Let us all pray that will not be the case.