Is Judge Sullivan going to keep General Flynn in limbo?

Vanity | 7/2/2020 | LovemyFreedom

[Political Junkie Too]

I still ask where is Flynn's sixth amendment right to a speedy trial?

Why can Sullivan delay things to his advantage with impunity while Flynn is being deprived of his Constitutional rights in the process?

-PJ

[MrChips]

Somebody like Obama has got some dirt on this judge and is using it to full effect.

[Cboldt]

Order takes effect 21 days after being issued unless Sullivan or the Circuit Court choose to continue litigating.

[Vermont Lt]

I believe the judge can appeal to the entire panel.

I might be wrong (wouldn’t be the first time.) I am going on stories that I read several days ago. I figured they would do whatever they could to extend the process—so I did not “stash” the information away.

I just assumed this would go until the week of the election.

[Cboldt]

-- He has to do "something" by the 16th. --

An alternative is that the Circuit Court decides, on its own volition, to rehear the case. That could burn plenty of time. Loser there could petition SCOTUS.

[Vermont Lt]

I am so frustrated by people who think they are “the law” unto themselves.

This judge had every opportunity to slam the door shut on this case. He could have announced his sentence right after the first plea—he didn’t. Too bad, so sad. You are not going to “get” this one.

Just get it over with.

[glennaro]

Probably until at least the first Tuesday in November ...

[Cboldt]

The rules are confusing.

Circuit Rule 35

Petition for Panel Rehearing and Petition for Hearing or Rehearing En Banc

(a) Time Within Which to File. In all cases in which a party is one of those listed in FRAP 40(a)(1)(A) - (D) [government], the time within which any party may seek panel rehearing or rehearing en banc is 45 days after entry of judgment or other form of decision. In all other cases, any petition for panel rehearing or petition for rehearing en banc must be filed within 30 days after entry of judgment or other form of decision. The time for filing a petition for panel rehearing or rehearing en banc will not be extended except for good cause shown.

The 21 day "deadline" appears to control this case because that is when the order from the Circuit Court becomes effective. If the order is put into effect, the Flynn case becomes closed.

Circuit Rule 41

Issuance of Mandate; Stay of Mandate; Remand

(3) Writs. No mandate will issue in connection with an order granting or denying a writ of mandamus or other special writ, but the order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.

Rule 40 has a 14 day deadline to petition for a panel rehearing

[Cboldt]

-- There really is not anything else he can do. --

I agree. He has to exhaust process at the Circuit Court. After that, he can petition SCOTUS.

[Cboldt]

-- I still ask where is Flynn's sixth amendment right to a speedy trial? --

There is no trial. Flynn took a plea bargain. Until Sullivan grants the (presently withdrawn) motion to withdraw the guilty plea, the notion of "trial" is missing.

The so-called justice system has all sorts of ways to punish by process.

[Cboldt]

-- I am so frustrated by people who think they are "the law" unto themselves. --

And Congress doesn't do a darn thing about the rogue judges or hack prosecutors.

[CARTOUCHE]

Eric Holder’s stock puppet.

I prefer Sullivan as Holder’s jock strap.

[Political Junkie Too]

There is no trial. Flynn took a plea bargain.

I'm taking the broad view that "trial" includes everything from being charged to being sentenced. It is not just the small portion of time that one sits in the courtroom.

Flynn has been in limbo waiting for his sentence for more than a year, thus prolonging his trial and tribulations, as well as racking up more and more legal fees.

-PJ

[chuckee]

Sullivan can’t request full court review. Otherwise, no doubt, he would. It was a typical 2-1 vote with 2 Republican judges ruling in favor of dismissal and the Dem against.That Dem judge can also vote for a full court review as well as any one judge on the full court. The full court unfortunately has more Dems than Republicans and that would be what prosecutor/judge Sullivan is counting on in reversing dismissal.

[AndyJackson]

I think I am saying the same thing below:

DC Circuit Rule 35:(c) Time for Petition for Hearing or Rehearing En Banc. .... A petition for rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition for rehearing.

DC Circuit Rule 40:Rule 40. Petition for Rehearing by the Division.
(a)(1) Time. Unless the time is shortened or extended by order, a petition for rehearing by the division may be filed within 14 days after entry of judgment.

[jocon307]

Thanks again! I guess we’ll see what happens. Re: Dems, see tagline, but what are we going to do about the media?

[maxwellsmart_agent]

Judge Emmett Sullivan is going to keep General Flynn in limbo for as long as the government lets him. He is a democrat at heart and knows that this keeps them happy so he’ll drag it out until the Trump administration takes it to the Supreme Court. Only that will force that clown to let go.

[maxwellsmart_agent]

Judge Emmett Sullivan is going to keep General Flynn in limbo for as long as the government lets him. He is a democrat at heart and knows that this keeps them happy so he’ll drag it out until the Trump administration takes it to the Supreme Court. Only that will force that clown to let go.

[arthurus]

Gonna try!

[Fledermaus]

Barr should fire him