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.

[gcparent]

No. The court ordered Sullivan to dismiss thr charges.
He has not yet dismissed.

[Trump Girl Kit Cat]

If the charges have been dropped how in the hell can he be a convicted felon the charges are dropped NOW a judge is just dicking with him!!

[Trump Girl Kit Cat]

The justice department DROPPED all charges you can’t be a convicted felon with NO charges against you, just because a judge says the department of justice CANT drop the charges is insanity this judge can NOT overrule the justice department dropping all charges!! Trump needs to pardon him ENOUGH IS ENOUGH!!

[gcparent]

Then there is nothing to pardon.

He is in legal purgatory.

[gcparent]

A federal pardon by the president, sets aside punishment for a federal crime!

[Cboldt]

-- Those that watch CNN or MSNBC are so few it really no longer matters!! --

Yeah. those outlets are yellow journalism, a step below tabloid / National Enquirer. There will always be a "few" who gravitate to the nutty. I guess we all do to some extent, LOL.

-- What scares me more is the monopoly of liberal bias on social media! --

And in education. Kids today are immersed in agitprop from social media, peers, and teachers.

My point was that the foundational matters, "the law," "civics," history, those are not taught. So we get a situation where people don't recognize obvious errors, as errors.

For example, special counsel is appointed if there is a whiff of identifiable criminal conduct. The pretext used to appoint Mueller was a counterintelligence case. Fundamentally flawed from the start, like using the DOJ/FBI to investigate marital infidelity. Not to excuse the infidelity - just that it isn't the sort of thing that special counsel investigates.

Or the so-called whistleblower that triggered impeachment. The black letter law is really clear, but not even "checked" by the press or even GOP in Congress.

Or a person born a citizen of the UK, running and winning the presidency. Goes without a remark.

In these cases, some facts were reported correctly while related facts were omitted.

All scary stuff. I have little hope it gets fixed. The misfits are no longer a fringe group, they are a third, and in socially infulential postiions.

Maybe coincidental, but this slide toward globalism really kicked off with the advent of radio. social media of the day. People passively getting their heads filled. That situation made worse as technology advanced. Wait for the day the devices can be operated with thoughts or eye movement instead of fingertips.

[gcparent]

Does the stay of all proceedings affect dismissal?

[centurion316]

The stay only applies to the July 16th hearing and it could be rescheduled. The press has interpreted this as a prelude to the dismissal of the case. Behind the scenes, Sullivan’s Democrat minders are considering all of their options and will issue instructions to Sullivan when it suits them.

I think that they will tell Sullivan to dismiss the case. Note that the media have essentially ignored the decision of the Appeals Court panel as they have done with the release of the latest Strzok notes. They want all of this to go away, it’s not helping them anymore.

The Democrats are all in with their new plan, riots and fear of the virus.

[ClearCase_guy]

The Democrats are all in with their new plan, riots and fear of the virus.

I am pleased to say that their "new plan" encompasses two things that most Americans are already very tired of. Enough is enough.

[Repealthe17thAmendment]

At some point you would think that Sullivan is going to realize that all this advice from Lawfare, or wherever it comes from, is ruining his reputation among his colleagues. He got thrashed in the writ of mandamus. Yeah, he has options to fight it, but each time he gets knocked down, he’s embarrassed just a little bit more. Perhaps he just doesn’t care, I don’t know.

[centurion316]

No doubt that Sullivan received a big smackdown. Judge Rao’s decision was devastating because it was based on the Constitution, the law, and the facts, no politics in those words. Judge Sullivan values his ego and his reputation and would love to forget this and return to his cozy corrupt life. But, in the end, he will do what his Democrat minders tell him to do.

I think that his Democrat minders will decide to tell Sullivan to dismiss the case. Not much upside for them and lots of downside.

[gcparent]

Thanks. I think and hope you are right. I think the rats took it as far as they could esp with latest note revealed. Moving to bigger better stupid things. But Sullivan cant stop Wilks. And the Great Obama smells in all this. What about his reputation.

[centurion316]

No doubt that Judge Sullivan’s reputation is damaged. That’s what happens when you play with the big boys and lose. He will hope that he becomes a hero among the left and in Washington that will get him invited to the right parties and oppotunites to cash in on his obvious corruption.

[gcparent]

Just turned 73. Will be forever remembered for this. Smuck.g

[gcparent]

All quiet from Beth Wilkerson. Did awful paperwork and oral arguments. Didnt have much to work with.

[TeoTBear]

Sullivan is not a party. Judges are not parties. If the full court does not take it up, it is over.

[Wuli]

“Sullivan is not a party. Judges are not parties. If the full court does not take it up, it is over.”

Yes. I figured as much, but what is that moves the full court to do so? Isn’t just that among the members of appeals court, one justice or a majority indicate they - the full court - does think they ought to, or is it based on a direct appeal from the court the mandamus is directed at. That I was not sure about.

Isn’t it also that if the full court does not act to hear the case within 21 days of the issuance of the mandamus that the mandamus becomes effective and there is nothing more Sullivan can do?