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Judge's move opens door to appeal of decision ordering dismissal of Flynn case
www.washingtontimes.com ^ | Wednesday, June 24, 2020 | By Jeff Mordock -

Posted on 06/25/2020 9:10:19 AM PDT by Red Badger

A federal judge late Wednesday halted all proceedings in the case against President Trump’s first national security adviser Michael Flynn.

U.S. District Judge Emmett Sullivan issued a one-page order hours after a federal appeals court ordered him to dismiss the case saying he overstepped his authority by keeping it alive.

The move buys Judge Sullivan some time while he decides whether to appeal the 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit. Judge Sullivan could appeal the case to the en banc appellate court or the U.S. Supreme Court.

It is also possible one of the appellate court judges could request en banc hearing even if Judge Sullivan doesn’t.

“In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn’s petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are hereby stayed,” Judge Sullivan wrote in the order.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: arrogantblackrobe; bow2thejudge; deepstate; deepstateskeptjudge; dirtyemmet; dirtyjudgesullivan; emmettsullivan; flynn; impeachemmetsullivan; judiciary; kingemmetsullivan; kingjudgesullivan; lordemmetsullivan; sullivan; sullivanvsamerica; treasonousblackrobe; worstjudgeever
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To: DownInFlames

He wants a full hearing. This has not worked out in the past for Trump’s side after winning with a panel. The DC circuit is full of dems.


41 posted on 06/25/2020 9:30:44 AM PDT by Mouton (The media is the enemy of the people.)
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To: jeffc
It sure appears as if Sullivan is being controlled by someone other than himself...


42 posted on 06/25/2020 9:30:50 AM PDT by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: Eric in the Ozarks

Bill Clinton


43 posted on 06/25/2020 9:31:05 AM PDT by Cboldt
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To: CatOwner

Yeah, been pretty tired of the smug “It’s Ovah!” here for the past few months.

Rats KNOW they are at war against all America stands for.


44 posted on 06/25/2020 9:31:56 AM PDT by treetopsandroofs
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To: Alas Babylon!

The Emmet Sullivan Law: NO COURT CAN EVER BE TRUSTED.


45 posted on 06/25/2020 9:32:10 AM PDT by Diogenesis
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To: Eric in the Ozarks
Is he a Barky appointee ?

No. Poppy Bush.


46 posted on 06/25/2020 9:32:24 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
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To: rintintin

“I believe he is a party in this action.”

Don’t think so. He is not harmed in any way regardless of the Appeals Court ruling, so he has no standing. He is AFFECTED by the rule, but the ruling involves how he judges. It is as if the Appeals Court required him to allow a certain piece of evidence. He could not appeal that, although the prosecutor or defendant could.


47 posted on 06/25/2020 9:32:30 AM PDT by Mr Rogers (Professing themselves to be wise, they became fools)
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To: Republican Wildcat

“How can a lower court judge appeal a ruling made by a higher court?”

The judgement was made by three. He us asking it to be decided all 17.


48 posted on 06/25/2020 9:32:53 AM PDT by TexasGator (Z1z)
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To: 2banana
-- Has this ever happened in America's history before? --

Yes, similar. The Fokker case is another one where the court decided to become prosecutor.

I suspect this happens quite a bit, but not in such high profile cases, and not with defense counsel that isn't in cahoots with the system.

49 posted on 06/25/2020 9:33:14 AM PDT by Cboldt
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To: teeman8r

The weighty power and might of the state often compels people to take a plea. Few of us could withstand this.

Flynn had to look at further injustice to his family. Look what they did to him, Manafort and Stone, among others, and ask yourself is what you’re saying really good advice?


50 posted on 06/25/2020 9:34:36 AM PDT by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: Red Badger

Judge who doubles as Prosecutor.. Cost saving move or what?? Brilliant!!


51 posted on 06/25/2020 9:35:48 AM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: Red Badger

Judge who doubles as Prosecutor.. Cost saving move or what?? Brilliant!!


52 posted on 06/25/2020 9:35:48 AM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: CIB-173RDABN

How is it the Judges place to appeal?
+++++
I suspect that such an appeal, which would be via a request for an en banc review of the decision, is very rare. But apparently Sullivan could make that request as could any judge on the Circuit Court.

Who knows what Idiot Sullivan will do? I don’t. But there must be some sort of time limit on how long he has to make an en banc request.

If anyone knows if there is or is not a time limit they should let us all know.


53 posted on 06/25/2020 9:36:57 AM PDT by InterceptPoint (Ted, you finally endorsed.)
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To: gov_bean_ counter
Slow learner.

Clearly this judge has skin in the game...


Old skin


54 posted on 06/25/2020 9:38:46 AM PDT by COBOL2Java (Hillary Clinton: Just like Joe with only half the dementia.)
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To: All
Traitor.

Complete violation of the authorities of a DC judiciary. Actively attacking USConstitution separation of powers.

55 posted on 06/25/2020 9:39:26 AM PDT by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: Red Badger

“Judge’s move opens door to appeal of decision ordering dismissal of Flynn case”

it also opens the door for an actual dismissal ... it makes sense that all current proceedings would be halted before that happened ...


56 posted on 06/25/2020 9:40:26 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: gov_bean_ counter

Oh he’s definitely in the employ of someone very powerful in the enemy’s camp.


57 posted on 06/25/2020 9:41:24 AM PDT by Scott from the Left Coast (That thing you think is privilege is really sweat equity.)
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To: Red Badger

Flynn’s attorney, in light of Sullivan’s actions after the appellate court decision, has to petition the appeals court that issued the order for Sullivan to dismiss the case, to have Sullivan recused for his blatant bias against the defendant by resisting the appellate court’s order to dismiss.


58 posted on 06/25/2020 9:42:43 AM PDT by chuckee
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To: CIB-173RDABN

The judge can’t appeal because he is not a party to the case.

This idiot reporter for the Wash Establishment Times is a moron and doesn’t know what he talking about.


59 posted on 06/25/2020 9:43:06 AM PDT by Okeydoker
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To: Red Badger

IIRC, the Fokker case was in the DC Circuit Court of Appeals.

If so, not much chance the DC Circuit Court of Appeals would reverse themselves so soon.


60 posted on 06/25/2020 9:43:32 AM PDT by Presbyterian Reporter
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