Posted on 07/09/2020 1:15:45 PM PDT by bitt
U.S. District Judge Emmet Sullivan, through his counsel Beth Wilkinson, has asked for U.S. Court of Appeals for the District of Columbia Circuit to rehear his case against the immediate dismissal of the Michael Flynn prosecution.
The Thursday petition for rehearing comes after a three-judge panel on the D.C. Circuit granted Flynn’s petition for writ a mandamus on June 24, directing Sullivan to dismiss the case.
“The panel majority granted the extraordinary writ of mandamus to prevent the district court from receiving adversarial briefing and argument on a pending motion. The opinion is couched as a fact-bound ruling based on ‘the record before the district court,'” the Sullivan petition for rehearing began. “It in fact marks a dramatic break from precedent that threatens the orderly administration of justice.”
The three-pronged argument noticeably cited the Supreme Court’s “admonition” in Seila Law LLC v. CFPB, a case that was decided on June 29:
First, the majority undermined this Court’s consistent interpretation of the mandamus standard by forcing the district court to grant a motion it had not yet resolved, based on alleged harms to a party that did not seek mandamus, and in reliance on arguments never presented to the district court. Any one of these rulings would constitute an unwarranted dilution of the requirement that a petitioner lack adequate alternative remedies. Taken together, they threaten to turn mandamus into an ordinary litigation tool.
Second, the panel undercut Supreme Court and Circuit precedent in holding that the separation of powers precluded the district court from inquiring into the government’s Rule 48 motion. The Supreme Court’s decision in Rinaldi v. United States,434 U.S. 22 (1977) (per curiam),recognized a district court’s ability to hear an unopposed Rule 48 motion. Moreover, no Circuit precedent establishes the type of clear and indisputable right necessary to authorize the panel’s resolution of that constitutional question. That is especially so given the Supreme Court’s recent admonition that separation-of-powers questions are fact- and context-specific. See Seila Law LLC v. CFPB, ___ S. Ct. __, slip op. 2, 16–18 (June 29, 2020). Mandamus is not the place to make new law.
Third, the panel contravened Supreme Court and Circuit precedent in precluding the district court from appointing an amicus and scheduling a hearing. The Supreme Court and this Court have employed those practices to resolve cases where the parties agreed and the ultimate outcome was predictable. The panel cited no law precluding district courts from similarly considering both sides of an issue before deciding it. Wilkinson said that the three-judge panel’s decision “threatens to turn ordinary judicial process upside down.”
“It is the district court’s job to consider and rule on pending motions, even ones that seem straightforward. This Court, if called upon, reviews those decisions—it does not preempt them,” the petition said. “This case satisfies the requirements of Rule 35, and en banc review should be granted.”
Flynn’s lawyers have fought tooth and nail against Sullivan’s appointment of an amicus curiae to argue against the Department of Justice’s motion to dismiss. The 2-1 panel decision was a boon for them, but there’s no guarantee the full D.C. Circuit will view the case the same way.
Read the petition in full below:
psychological torture
True! I have been saying this for 6 months... more true with each passing hour. If these indictments are not enacted before November they may all go away if the 'rats succeed in replacing DJT... end of justice in America.
“I wonder if there is anything the DoJ can do. They dropped the charaged. Sullivan has precent all against him in continuing the case. Judges are not prosecutors.”
We are in uncharted waters here. Neither Sullivan or the appellate court have the jurisdiction to force the AG to prosecute a case it does not want to.Does the court then appoint a special prosecutor because they do not like the decision of the AG? The court then becomes prosecutor by proxy and due process runs off the tracks.
You may be hoping for the best... We are up against pure evil - no 'best outcome' for us without a fight - and prayer.
By Sullivan refusing the dismiss the case justice is already off the tracks and down the cliff.
Beth Wilkinson - I see she’s a former Army officer. MAYBE - she’ll feel some loyalty to a fellow soldier? Why not - everyone else has an agenda when they represent their clients or sit in judgment of a case! We see it every single day...we need no more of an example than Judge Sullivan himself.
I assume that Sidney Powell has a plan. I wish people who knew what the DoJ can legally do would chime in. How can this insane travesty continue?
It is part of their plan... legal shenanigans as long as they can pull it off. After all, almost all of them in D.C. are in on it. Never before in history - that I know of - has a judge attempted to become the prosecutor - a constitutional abomination - BUT we are up against pure evil. When the time runs out Flynn will be let loose... but not until the election is decided.
I hope it is a lot earlier. I checked Sidney Powell and she hasn’t said anything on twitter about this yet.
Sullivan is playing with fire at this point.
Judge Emmett Sullivan is a full fledged democrat and will try to keep this case going until November in hopes of defeating Trump by attacking Flynn who was a Trump advisor.
Not just Hillary’s...
Pete Buttigieg campaign refunds donations from Brett Kavanaugh lawyers
11/27/2019, 11:05:15 PM · by conservative98 · 15 replies
NY Post ^ | November 27, 2019 | 3:08pm | Nolan Hicks
Pete Buttigieg’s high-flying presidential campaign said Wednesday it would refund the donations it received from two lawyers who represented Supreme Court Justice Brett Kavanaugh during his contentious Senate confirmation hearings. His campaign made the move after reporters from Britain’s The Guardian raised questions about the contributions from attorneys Alexandra Walsh and Beth Wilkinson, who are law partners. The two donated a combined $10,000 from the pair, $3,150 of which had already been returned because it exceeded contribution limits. “With nearly 700,000 donors, a contribution we would otherwise refuse sometimes gets through,” the campaign told the publication in a statement. “We...
Judicial Watch Obtains Strzok-Page Emails Showing FBI’s Special Accommodation of Clinton Email
11/26/2019, 1:08:06 AM · by ransomnote · 24 replies
judicialwatch.org ^ | NOVEMBER 22, 2019 | JUDICIAL WATCH
FULL TITLE: Judicial Watch Obtains Strzok-Page Emails Showing FBI’s Special Accommodation of Clinton Email Witnesses(Washington, DC) – Judicial Watch announced today it received 35 pages of records of communications between former FBI official Peter Strzok and former FBI attorney Lisa Page that show the attorney representing three of Hillary Clinton’s aides met with senior FBI officials.Two March 2016 emails show then-FBI General Counsel James Baker and then-FBI Deputy Director Andrew McCabe had discussed meeting with attorney Beth Wilkinson, who was representing Clinton aides Cheryl Mills, Heather Samuelson, Jake Sullivan and Philippe Reines. The FBI officials discussed holding “discreet†meetings with Wilkinson in secure...
Trump needs to dismiss all charges(pardon, etc..) Take the flack and then he will win. If he sits on his a$$ he is eventually going to get beaten. Flynn could still sue all involved. Barr could make a filing granting the exculpatory evidence be released. Close the Gag Orders and let the Sun shine in. If the DS wants to continue, they can’t. MSM will be all over it. Prepare the Memes for Marc Rich Pardon, Sandy Berger, DNC fraud. Someone has to step up to the plate.
No, we have to sit home on our ‘principled” asses, sniffing we will never vote rino (sorry, there’s a bunch of them but they did vote for kavanaugh and against impeachment) and let the demonic party have their way with our kids, grandkids and whats left of our nation. When we vote we win. We dont get beat by democrat voters. We get beat by so called conservative non-voters.
He is outrageous
Pardon is not the same as case dropped. Case is dropped already. I know that we are not privy to plans and decisions being made. If Flynn wanted a pardon, I’m sure Trump would give one.
LUKE 18 2-8 2 “There was a judge in a certain town who neither feared God nor respected any human being. 3 And a widow in that town used to come to him and say, ‘Render a just decision for me against my adversary.’ 4 For a long time the judge was unwilling, but eventually he thought, ‘While it is true that I neither fear God nor respect any human being, 5 * b because this widow keeps bothering me I shall deliver a just decision for her lest she finally come and strike me.’” 6 The Lord said, “Pay attention to what the dishonest judge says. 7 Will not God then secure the rights of his chosen ones who call out to him day and night? Will he be slow to answer them? 8 I tell you, he will see to it that justice is done for them speedily. But when the Son of Man comes, will he find faith on earth?”
We need to pray. for General Flynn, for our country, and we need to be persistent.
Because this is the parable of the "Unjust Judge", I think there's a message for everyone in it, about all the troubles our nation is facing too.
I agree that we are up against pure evil.
...win or lose President Trump will pardon Flynn the day after the November election.
_________________________________________
That is the goal of the DS. If POTUS issues a pardon, they can/will inveigh against it as political and not legal.
An exoneration will expose more of the odious machinations used for 4-5 years against a restoration of the Republic. It will be a powerful step toward Flynn’s ability to rehabilitate his reputation and recoup damages.
A pardon will just create another hill upon which the phony resistance can pretend to die.
If this can be done to General Flynn, as similar smears and depredations are being done to POTUS and his family under cover of putative authority, just think what they wish to do and will do to us if they seize actual power.
It will become The American Holocaust.
We will likely have to shoot our way out and repurchase our liberty with blood, even if POTUS Trump wins reelection. The present momentum is too great. They cannot stop and they will not stop. They must _be_ stopped.
She doesn't want to prejudice the DC Circuit, a sort of self imposed gag order. I am not sure what you think she can do; she has already done it: appealed to Federal District Court. She has run into a wall, possibly an evil wall. It is inconceivable that in the three judge opinion there was one dissenting vote. ON WHAT BASIS? Never has a judge attempted to switch to the role of prosecutor. It turns the Constitution on its head; a judge is supposed to be neutral. Where is the separation of powers in all this?
I am personally confident that after the election Flynn will be set free, although if Biden wins then evil will do evil. God help us all!
Your choice of Scripture is perfect; thank you. The weapons of our warfare are not carnal.
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