Appeals court orders Michael Flynn judge to respond to demand for dismissal of case against ex-Trump advisor

CNBC.com ^ | 5/21/2020 | Kevin Breuninger and Dan Mangan

[gwjack]

A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case.

The order came two days after Flynn’s lawyers asked the U.S. Circuit Court of Appeals for the District of Columbia to drop the case and assign any future court proceedings to another judge.

The Department of Justice two weeks earlier made the surprise move to abandon its own prosecution of Flynn, who had pleaded guilty to lying to the FBI about his conversations with then-Russian Ambassador Sergey Kislyak in the weeks before Trump’s inauguration.

But U.S. District Court Judge Emmet Sullivan did not immediately grant the DOJ’s motion to dismiss its case. Instead, he appointed a former federal judge to argue against the request, and submitted a schedule to allow third parties to submit arguments in the case.

Flynn’s lawyers had argued to the appeals court that Sullivan’s moves “reveal his plan to continue the case indefinitely, rubbing salt in General Flynn’s open wound from the Government’s misconduct and threatening him with criminal contempt.”

Sullivan has 10 days to respond to the appeals court’s order. Sidney Powell, an attorney for Flynn, did not immediately respond to CNBC’s request for comment on the order.

Flynn had appeared in Sullivan’s courtroom in December 2018 to be sentenced, but the retired lieutenant general opted to delay the proceeding after Sullivan warned Flynn may face jail time if he was sentenced before completing his cooperation with then-special counsel Robert Mueller’s investigators.

Months later, Flynn dismissed his legal team and hired Powell, a vocal Mueller critic, who soon began efforts to undo the criminal case. Powell accused prosecutors of withholding exculpatory information from Flynn, a claim that the Justice Department for months repeatedly denied.

The Justice Department’s request this month to dismiss the charge against Flynn was signed by Timothy Shea, the interim U.S. attorney for D.C. at the time, and not by any of the prosecutors who had handled Flynn’s case up to that point.

The dismissal request has been highly controversial. Former prosecutors say it smacked of favoritism toward an ally of Trump, and some have specifically accused Attorney General William Barr of manipulating the justice system to help the president. Trump has frequently criticized the case against Flynn.

[lodi90]

This judge is willing to kamikaze his reputation at the end of his career. He knows he will lose.

He must somehow think it is worth it.

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The coupists have got to keep Flynn muzzled through the election.

[lodi90]

Sullivan is waiting for the check to clear, before ruling.

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Sullivan gives it a way for free. He’s no doubt happy to be a foot soldier for the missing village idiot from Kenya.

[Old Retired Army Guy]

The Circuit Court also gave the Justice Department the same time frame to comment on the Defense Request.

[preacher]

L8r

[A_Former_Democrat]

They also need to be disbarred and never permitted to practice law again

[Flavious_Maximus]

The couple should be name “Kevin Bonefinger and Dan Manhole”. spit.

[Kaisersrsic]

I don't think it is true that "all indications" are the D.C. Circuit will grant Flynn's writ of mandamus . . . he will win eventually, but that is different.

1. The Circuit Court could have granted the writ of mandamus immediately, but it didn't;

2. Judge Wilkins, an Obama appointee on this Panel, wrote an opinion denying a writ of mandamus in the Roger Stone case (on 10/22/19) because Stone could move for reconsideration with the lower court. The decision explains: "Where a mandamus petitioner has an adequate alternative remedy, however, we lack jurisdiction to grant the petition."

3. The panel had to find a way to work around the opinion Judge Wilkins wrote less than a year ago because Judge Sullivan gave Flynn and the DOJ until May 26th to move for reconsideration of his motion allowing amicus briefs.

4. The Panel gave Judge Sullivan 10 days to respond (which is after May 26th). If either Flynn's team or the DOJ move for reconsideration, then Judge Sullivan will point that out and the Court of Appeals will deny or delay Flynn's petition. If they don't file for reconsideration, Judge Sullivan may argue that they should have.

The Court of Appeals may be telling Sullivan that Flynn is going to win in the long run, but they are giving him at least this one opportunity (and maybe more) to avoid being embarrassed.

[bboop]

j.havenfarm - Thanks for posting this. Very encouraging.

[SeektheTruth54]

Judges hate being reversed on appeal. Not necessarily true. I know elected judges who can’t rule the right way or not be elected and make mistakes on purpose to be overruled.And I do believe Sullivan is an emeritus judge ie a fill in until another one hired.

[SaveFerris]

[Maybe this judge was given an offer he can’t refuse]

I was thinking the same thing.

[gwjack]

I’m not aware of any Federal Rule which permits sanctioning a judge. But, I am not familiar with the rules for criminal procedure. Rule 11 in Civil cases does not address sanctioning judge.

Frankly, I think Ms. Powell is playing this correctly, and allowing the process to work. One thing I learned decades ago, is that a lawyer should never ask for anything unless there is a good faith argument for it, and the person requested has the power to grant it. Yes, Sullivan appears to be committing multiple errors. The way to address that is by being ridiculed and reversed by a superior court. That is done after the smoke clears. If he still seeks to impose his wrongful methods, then impeachment and removal is the remedy - not sanctions.

I’d be willing to wager that Gleeson will write his response (if there is one).

So you will have three views (opinions) for the appellate court to decide; Flynn’s, DOJ, and the Judge. Guess who will win, unless the judge has a overwhelming distinguishing characteristic with Fokker.

[Uncle Sham]

"Months later, Flynn dismissed his legal team and hired Powell, a vocal Mueller critic, who soon began efforts to undo the criminal case. Powell accused prosecutors of withholding exculpatory information from Flynn, a claim that the Justice Department for months repeatedly denied. The Justice Department’s request this month to dismiss the charge against Flynn was signed by Timothy Shea, the interim U.S. attorney for D.C. at the time, and not by any of the prosecutors who had handled Flynn’s case up to that point."

This commentary is attempting to slight the motion to dismiss because it wasn't signed by the original dishonest, thug prosecutors. Notice that the writer fails to mention that they were caught red handed NOT providing all of the evidence to Flynn's attorneys.

"The dismissal request has been highly controversial. Former prosecutors say it smacked of favoritism toward an ally of Trump, and some have specifically accused Attorney General William Barr of manipulating the justice system to help the president. Trump has frequently criticized the case against Flynn."

Total one hundred percent crapola commentary designed once again to slight the dismissal and taint it as something done by Trump and his "orange Man Bad" machine.

This article is aimed at the ignorant masses currently under the mind control of the deep state media who will take the "hints" planted in the commentary and spread it as gospel on the streets. That's all this article is. Mind control.

[catnipman]

this is really YUGE: writs of mandamus are rare and i suspect them being granted is even more rare ... in this case, the appeals court ORDERED Sullivan to respond to Flynn’s request to dismiss the case within 10 days, which means:

1. Sullivan MUST explain why he’s refusing to dismiss the case.

2. Sullivan doesn’t have time to screw around with his illegal and unconstitutional 3rd party amicus curiae “briefs” before making the appeals-court-ordered ruling regarding dismissal

3. Once Sullivan has committed his “reasoning” for refusing to dismiss the case, then that becomes substance for appeal to the higher court, that is, it gives the higher court something substantive to adjudicate

As far as i can see, the higher court has checked Sullivan, even if they didn’t checkmate him ...

[romanesq]

Game. Set. Match!

Winners: General Flynn, American Patriots

God bless General Flynn & his family!

[Hostage]

https://twitter.com/SidneyPowell1/status/1263557289950228481

One of the better comments at the source:

"tommylotto says: May 21, 2020 at 5:45 pm Interesting situation. On most writs, the real party in interest is one of the parties to the case. So, the judge does not have to respond. He can allow the real party in interest take the laboring oar in opposing the writ. Not this time, defense and prosecution agree. Sullivan is going to have to put pen to paper and give an accounting. He cannot farm it out to amicus, because that is part of the conduct that is being challenged."

[Presbyterian Reporter]

“”What is NEM?”””

---

A couple of days ago a FReeper suggested that we now longer refer to the media as Lame Stream Media (LSM), Fake News Media (FNM), Corrupt News Media (CNM), or the old standby Main Stream Media (MSM).

Instead this FReeper in recognition of their constant fear mongering during this pandemic, the media should henceforth be referred to as ‘NON-ESSENTIAL MEDIA’.

Many thought it a good idea and I said I would endeavor to use NEM whenever possible.

[gcparent]

Horses head in his bed?

[SaveFerris]

FReepmail

[gwjack]

What you say about the extraordinary granting of a mandamus is correct. Note that it hasn’t been granted yet, but “loud” writings on the wall are heard with the opinion. My experience in Oklahoma with Mandamus and Prohibition is that about 1% are heard. Of those, about 3% are granted. That means 0.00333 are successful. It is a high barrier. I have been fortunate to have had three granted, even though I have requested eight. They are very rare.

I think the judge will find a way to avoid one being issued by making the matter moot. The appellate judges are giving him an opportunity.

If Sullivan attempts to sentence Flynn, the Appellate Court will intervene and issue the Mandamus. I do have concerns about whether there is a contempt of court with the aggressive grilling Flynn received before. He was quite firm is his allocution. But, Sullivan will discover a way to extricate himself from this mess he created for himself.

Gwjack

[gcparent]

Hiding something under that black robe? Only a coward would damage his career and reputation.