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General Flynn Case Update – Appeals Court Orders Judge Sullivan to Dismiss Flynn Case…
Conservative Treehouse ^ | 06/24/2020 | Sundance

Posted on 06/24/2020 10:13:03 AM PDT by 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.



TOPICS:
KEYWORDS: appealscourt; dcappealscourt; dismissal; emmetsullivan; flynn; judgesullivan; mikeflynn; seebreakingnews; sundance
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To: centurion316

Yes, I was surprised to hear from conservatives stating that the appeal was going to go against Flynn as well. Shows you have to be wary of anyone you are listening to.


21 posted on 06/24/2020 11:29:05 AM PDT by fortheDeclaration
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Comment #22 Removed by Moderator

To: fortheDeclaration

Everyone who live in New York City or Washington, DC and are connected in some way to the media or the deep state are in a bubble surrounded by a single voice that drowns out any contrary opinions. It’s a very rare person to can be in the middle of this and recognize all of the lies. Unfortunately, those who watch or listen to the media are infected with the same disease. That includes the watchers of Fox News.


23 posted on 06/24/2020 11:35:23 AM PDT by centurion316
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And Judge Sullivan says ‘just wait a cotton picking minute’....lolol...oh my that’s racist no doubt...


24 posted on 06/24/2020 11:37:03 AM PDT by TnTnTn
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To: malach
-- Not if they follow the law. --

ROTFL. Easy enough to cheery-pick, misrepresent, etc. See the dissent by Wilkins. He just needs a majority of the Circuit to take that tack. Rule of Law! It's magic. It can deliver whatever result its players want.

Wilkins has the power to ask for the panel to vote on undertaking an en banc review.

Sullivan can file a request. All it has to do is mouth the magic words in Rule 40.

While the courts can and should be fundamentally honest, it is naive to believe they actually are. The stakes are high.

25 posted on 06/24/2020 11:50:54 AM PDT by Cboldt
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To: centurion316

True.


26 posted on 06/24/2020 11:55:53 AM PDT by fortheDeclaration
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Comment #27 Removed by Moderator

To: malach
-- Take a look at the rules for an en banc appeal. Very limited subjects. --

I did. Circuit Rules for DC Circuit

Rule 35 is the subject matter one -- I mistakenly noted Rule 40, which controls timing.

My point was that the courts will twist the meaning of words and phrases to get the outcomes they want. See hallucinations of right to abortion, homo marriage, Obamacare is a tax, and so on.

Everybody will agree on what the words are. But the courts will make them mean whatever is required to get the desired outcome, and consistency is not required.

28 posted on 06/24/2020 1:16:26 PM PDT by Cboldt
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To: gcparent

I hope so.


29 posted on 06/24/2020 2:01:16 PM PDT by Recovering Ex-hippie (n)
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To: SeekAndFind

Judge Sullivan just issued a stay for the July 16 hearing. His Masters up there at the big Democrat Plantation House may want to have a chat with him.


30 posted on 06/24/2020 3:37:38 PM PDT by centurion316
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To: mewzilla
Flynn isn't staying silent anymore !

Hopefully he's about to blow the lid off this thing with what he knows.

31 posted on 06/24/2020 3:57:14 PM PDT by Newbomb Turk
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To: SeekAndFind

There are enough democrat judges on that circuit that will order an en banc hearing. Wait and see, Flynn isn’t a free man yet.


32 posted on 06/24/2020 6:39:25 PM PDT by damper99
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To: centurion316

Explain please


33 posted on 06/24/2020 10:47:02 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: Da Coyote

He did NOT lie to the court, he supposedly lied to the FBI the MSM can’t even get that story straight!!


34 posted on 06/24/2020 10:51:30 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Cboldt

The media has VERY LITTLE viewership any longer NO ONE reads a newspaper any longer and very few believe ANYTHING the media says any more!! Those that watch CNN or MSNBC are so few it really no longer matters!! What scares me more is the monopoly of liberal bias on social media!!


35 posted on 06/24/2020 10:56:19 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: damper99

Wilks can order it.


36 posted on 06/24/2020 10:59:20 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: gcparent

Trump will pardon him before he lets this go any further, frankly pardoning Flynn won’t hurt him politically ONE BIT!!


37 posted on 06/24/2020 11:01:11 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Trump Girl Kit Cat

My concern is Flynn not Trump. Pardoning will hurt Flynn. Exoneration dismissal of all charges is better.


38 posted on 06/24/2020 11:09:23 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: gcparent

The charges have already been dismissed he has been exonerated the courts are now just dicking around with him!!! Enough is enough!!!


39 posted on 06/24/2020 11:11:57 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Trump Girl Kit Cat

Flynn would be a convicted felon!


40 posted on 06/24/2020 11:12:29 PM PDT by gcparent (Justice Brett Kavanaugh)
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