Posted on 05/19/2020 12:54:07 PM PDT by LoveMyFreedom
Michael Flynn's attorney Sidney Powell on Tuesday filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking the immediate removal of Judge Emmet Sulivan from the case -- and saying that under appellate precedent set by the "Fokker Services" case, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.
Writs of mandamus are extraordinary remedies, which are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable" -- and, Powell argued, Sullivan's behavior fits the bill. Powell also demanded the appellate court vacate Sullivan's order appointing an "amicus curiae" in the case to argue in favor of preserving Flynn's guilty plea on one count of making false statements to the FBI.
(Excerpt) Read more at foxnews.com ...
she cannot do this. he is a superhero serving justice... he worked hard for that black robe so he could save the world...
/sarc
Ohhhhh, this is going to be interesting.
What took so long?
Now will a bunch of Obama judges make another Obama judge behave?
Good.
That lunatic “judge” should lose his robe and be disbarred.
Evil bastard.
“What took so long”?
Powell knows what she’s doing. She’s the best there is.
They just ruled against this sort of behavior.
This has always been an extremely political case.
The number of victims, er "defendants" which have been under gag rule in these cases is extraordinary and bizarre.
General Flynn has been under a gag rule, unable to defend himself in the public sphere, for three years.
Go, Sidney Powell! Writ of Mandamus, includes the Appeals Court to slap down the Judge’s Amicus Curiae order— because.. it is NOT supported by the superior court to the Appeals—that is.. The US Supreme Court.
Will need to read the full document, but... Great!
The judge is proving that 1.) what he did to Ted Stevens was by the request of these same “staters”-— and not that he was “rolled” by the fed prosecutors (which, if true he should have remanded them for trial— but instead he went with contempt— that’s all), and
2.) he is under the CONTROL and employ by the Weissman crew from Mueller’s “team” (which at one time prior to the discovery of it, included Lisa Page and Peter Strozk. Strozk who wrote with Pientka the original 302 for the “interview”-— got Lisa Page to rewrite it, which was submitted to the Court as the “crime proof” that... wasn’t).
Mandamus is an interim appeal that is only for fairly extreme cases of a court exceeding its authority. It's difficult to get an appellate court to take one.
But, Sullivan's behavior is such that they just might take this one.
I think Sidney would make a great addition to White House staff.
Thank you! I appreciate it.
A writ of prohibition? Levin was talking about that on Sunday night.
Yeah really
Where’s the Bar in all of this?
They should be screaming from the mountaintops
People are such cowards . . . or biased
Shameful
[Latin, We comand.] A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, Municipal Corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.
A writ or order of mandamus is an extraordinary court order because it is made without the benefit of full judicial process, or before a case has concluded. It may be issued by a court at any time that it is appropriate, but it is usually issued in a case that has already begun.
Generally, the decisions of a lower-court made in the course of a continuing case will not be reviewed by higher courts until there is a final judgment in the case. On the federal level, for example, 28 U.S.C.A. § 1291 provides that appellate review of lower-court decisions should be postponed until after a final judgment has been made in the lower court. A writ of mandamus offers one exception to this rule. If a party to a case is dissatisfied with some decision of the trial court, the party may appeal the decision to a higher court with a petition for a writ of mandamus before the trial proceeds. The order will be issued only in exceptional circumstances.
https://legal-dictionary.thefreedictionary.com/writ+of+mandamus
“A writ of prohibition? “
No. There are two kinds of writs. Mandamus, and prohibition. Mandamus ordered someone to do something. Prohibition orders someone NOT to do something. Here Powell is asking the Court of Appeal to ORDER the District Court to dismiss the case. Powell is asking the Court of Appeal to replace the District Court judge as well.
What took so long????
I think she deferred to Barr hoping DOJ would do it.
It would have carried more weight if the govt did the appeal.
I hope they greased the skids on this one. Don’t need a reaffirming of his staying on the case.
Is your remark sarcasm or is your /sarc tag the sarcasm? It’s so hard to tell what is real any more.
it is difficult... i think the comment was sarcastic, but so many people agree with it...
i need some good old fashioned justice soon, or the rule of law is deader than i thought...
your namesake would know what to do... rope, tree, no apology
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