Posted on 06/12/2020 9:18:26 AM PDT by jazusamo
A divided federal appeals court on Friday seemed reluctant to order the judge presiding over former national security adviser Michael Flynn’s prosecution to dismiss the case ahead of scheduled arguments in the trial court next month.
During a Friday hearing before a three-judge panel of the D.C. Circuit Court of Appeals, two judges expressed reservations about preventing U.S. District Judge Emmet Sullivan from ruling on the Department of Justice’s (DOJ) motion to dismiss Flynn’s criminal case.
Sullivan drew attention last month when he took the unusual step of appointing a retired federal judge to argue against dropping the charges and to explore the possibility of holding Flynn in contempt for perjury, with a hearing scheduled for July 16.
Flynn responded by asking the D.C. Circuit to order Sullivan to drop the case and block the court-appointed counsel from pressing for Flynn’s continued prosecution.
But at least two members of the three-judge panel on Friday appeared wary of removing Sullivan’s authority to consider additional perspectives and issue his own ruling — which could include granting DOJ’s request to drop the charges.
“We have Judge Sullivan, who is an old hand, he’s an excellent trial judge,” said Judge Karen Henderson, a George H.W. Bush appointee. “And he may say, to himself at least, you know, I asked for advice, and I'm ignoring it. And I'm granting the motion to dismiss. Shouldn't he be allowed to do that?”
Judge Robert Wilkins, an Obama appointee, also seemed reluctant to intervene in the pending trial court proceedings. The view of Judge Neomi Rao, a Trump appointee who posed probing questions to counsel on both sides, was more difficult to read.
– Developing
Will probably go to SCOTUS. Let the light shine in on the vermin.
Wilkins (Obama): Flynn is just exactly like a racist cop who killed a black victim, and the Trump administration wants to let him off because Trump is evil and so is Barr's DOJ. Will vote to deny writ.
Henderson (Bush Sr): Let's just get along and let Sullivan's kangaroo process unfold however he wants because he's a member of our club. Will vote to deny writ.
Rao (Trump): I have probing rational questions. Will vote to grant writ.
I expect it to go 2-1 against granting the writ. (Against Flynn.) Ultimately, Flynn will prevail, but this will go another year.
Which is the ENTIRE point.
I think you are correct
I believe you summed up the entire pathetic fiasco very well, it’s really sad.
Want to bet that SCOTUS doesn’t want to get involved?
There is no more law.
There is no more reasoning.
There is no justice.
All there is is violence, uprising, vigilantism.
They can do it.
Why can’t we?
And it is VERY unusual for a Judge to continue to prosecute a defendant after the prosecution drops the charges.
In fact, just about unheard of.
Even untutored citizens comprehend that this Flynn business is a farce. Thus it is time to rethink not only the role of the police, but the role of the judiciary in a representative republic. The judicial system — from the Warren Court to the feckless Roberts — has failed the American public.
Did anyone here watch this farce as I did? Wilkins brought race into it by asking the DOJ advocate, and others, if it was right for tbe DOJ to stop prosecutions if they felt that a jury might not convict a white policeman for an act if there was not enough evidence for a conviction. He’s questioning the motives of the DOJ and there’s no justification for doing so! He’s a racist!
The American Taxpayer is being cheated by the employment of substandard jurists.
It is past time to harshly deal with DC judicial system, it is a criminal organization. Real USAians are _fully_ aware of how lawless and therefor treasonous many of these judges have become.
Wilkins is now a proven racist and wants to make law, based on his questioning, not rule on it. He should be impeached.
The court adjourned until December 9???
Want to bet that SCOTUS doesn’t want to get involved?
Will be very interesting if the facts line up with the 9-0 recent decision.
If left up to Wishy Washy Roberts, the compromised, all bets are off..
Yes! Too bad none of bus can collect so please don’t bother with this kind of stupidity.
Still shaking my head at the one judge injecting race into the proceeding. In this day and age...imagine that! The moment the judges started pushing the July Sullivan hearing, I knew this thing had been decided.
On to the Supreme Court.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.