Posted on 05/19/2020 11:06:19 AM PDT by billorites
In an unexpected turn of events defense lawyer for former national security advisor Lt. Gen. Michael Flynn has filed a writ of mandamus with the United States Court of Appeals with the District of Columbia to dismiss the case against Flynn, vacate the order appointing an amicus curiae and reassign the case to another judge. The petition comes after Judge Emmet Sullivan, who oversees Flynn’s case, failed to grant the government’s motion to dismiss based on what his defense believes is a political prejudice against Flynn.
Sidney Powell filed the 31 page writ of mandamus on Tuesday afternoon with the court, arguing in the petition that Judge Emmet Sullivan, who has been overseeing the case has wagered a political agenda against her client.
“Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings,” Powell stated in the petition, which was obtained by SaraACarter.com.
She asked the court to determine whether “the district court exceeded its authority and egregiously abused its discretion by failing to grant the Government’s Motion to Dismiss the Criminal Information and, instead, appointing an amicus to oppose the motion and to propose contempt and perjury charges against General Flynn, while inviting additional amici.”
This story is developing
Need more popcorn.
YES!!
It’s the right thing to do. Let’s see if corruption moves up a level.
My understanding is that a writ of mandamus is unusual at the Federal Court level, and granted very rarely. This is not only appropriate, it is essential to ensure that justice is carried out in this case. Judge Sullivan has joined the Democrats insurgents and is conducting a war against the United States.
Need more popcorn.
No, we don’t. We need this to be over. The judge is busy setting up a new mini trial, essentially. That will keep Flynn gagged and on the rack through the election. That’s why his lawyers are trying to get the judge replaced.
” Judge Sullivan has joined the Democrats insurgents and is conducting a war against the United States “
Clearly. The mask of impartiality has been torn away to reveal a hyper partisan agent of the Conspiracy.
Sullivan has gone totally off the rails. Full Resistance (TM) mode.
Ugly details here:
https://twitter.com/Techno_Fog
How on Earth can Powell filing a writ of mandamus be considered unexpected? It is obvious that she would do this the moment Sullivan started pulling his corrupt deep state B.S.
I agree 100%
This has become a circus and it is wrong. The case against Flynn is very flawed and no amount of legal engineering can fix the fundamental injustices that have been exposed.
The only conclusion by every legal measure is dismissal for cause as the DOJ requested. Barr needs to weigh in and frankly, I was hoping that he would lead the charge on this and not Powell.
I’ve been waiting for Powell to do this. I don’t understand why Sullivan allowed the case to continue this long. I’m surprised he didn’t expedite the sentencing phase of the frame back when Sullivan was working with Holder and company, Flynn’s previous “attorneys”.
It is not an “unexpected turn of events” for Flynn’s lawyers to file a writ of mandamus, it is what a y competent defense attorney would do considering Judge Emmett Sullivan’s outrageous behavior.
bkmk with prejudice!
Not unexpected to those of us following the case. Wondering what took so long, is all!
In almost all cases such a petition would be denied. Courts hate to replace judges and to order them how to behave.
But this is an unusual case to say the least. If denied, next effort is the Supreme Court.
Since Sullivan is on the DC Circuit, is it possible he has taken a turn on the FISA court in, say, the last three years? Would that be publicly revealed anywhere?
the coup plotters better be careful justice will prevail one way or another and the courts are more lenient than vigilantes.
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Sullivan should be impeached. There are numerous reasons beyond just his refusal to dismiss the case against Flynn. When he erupted in our (he needs to be made aware that the bench he occupies belongs to the people and not him) court room and verbally lashed out at Gen. Flynn and his attorney, Sidney Powell, was justification for his impeachment. He and his ilk must be removed from thr federal judiciary.
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