exactly. If we don't let it play out. Trump would be pardoning people that haven't been convicted. Not allowing due process to proceed
Posted on 07/11/2020 1:15:57 PM PDT by karpov
The prosecution of former National Security Adviser Michael Flynn has already exposed the bad faith of the FBI and Justice Department in pursuing him even when they knew there was no basis for an investigation. Now federal Judge Emmet Sullivan is continuing the legal torture by appealing an order from a panel of the D.C. Circuit Court of Appeals to drop the charges. President Trump should step in now and end this farce by pardoning Mr. Flynn.
In an honest process, Judge Sullivan would have signed off on dropping charges once prosecutors and the defense agreed there is no case to adjudicate. He refused. Mr. Flynn then sought a writ of mandamus from the D.C. Circuit, and he prevailed in a 2-1 opinion that ordered Judge Sullivan to dismiss the case.
Judge Sullivan is now refusing again by requesting this week an en banc review of the writ by the full D.C. Circuit. Though we don’t know whether the full court will take the appeal, remember that Senate Democrats and Barack Obama packed the D.C. Circuit with liberal judges after ending the judicial filibuster on a partisan Senate vote in 2013.
Judge Sullivan knows that once the court takes the case en banc, the panel opinion is immediately vacated under D.C. Circuit rules. That means the writ ordering him to dismiss vanishes, and the eventual en banc ruling would control. Mr. Flynn’s legal agony would continue for months and perhaps until a Biden Administration takes office.
This is outrageous and continues the politicized nature of this sorry prosecution. The review of the Flynn case ordered by Attorney General Bill Barr found the FBI and Justice Department withheld exculpatory evidence, revised the bureau’s 302 interview forms, and did an end run around normal White House procedures to sandbag Mr. Flynn.
(Excerpt) Read more at wsj.com ...
No, a pardon is the wrong answer. By withdrawing the charges, the DoJ is admitting that Flynn is innocent. A pardon would be an admission by the president that Flynn was guilty.
This judge, and the courts, have to have their feet held to the fire and be forced to do the right thing.
I would not trust the Wall Street Journal’s advice on this one.
Why should Trump ‘put a monkey on his back’ when it is obvious that Flynn will eventually be totally vindicated?
WSJ’s integrity is just slightly above the NYT’s.
“I predict Sullivan loses.”
I agree. The fact that Judge Sullivan could get no takers not the Court of Appeals to take the case and he was himself forced to take the unprecedented step of filing the motion himself is not a good sign for him.
The Court of Appeals should reject his application and soon.
Probably the last thing he’d want. I should think he’s had his fill of any bureaucracy forever more.
The Sullivan motion is not on the earlier timeline. The full Court of Appeals can decide to consider his motion. They’ve instructed General Flynn’s attorney, Sidney Powell to file a response.
So this circus may go on a little longer.
exactly. If we don't let it play out. Trump would be pardoning people that haven't been convicted. Not allowing due process to proceed
It is really time for the Circuit Court for the District of Columbia to:
1. Deny Judge Sullivan’s request for an en banc hearings and to inform him the clock is running on him complying with the writ of mandamus ordering Sullivan to drop the charges against General Flynn.
2. Remove Sullivan from the Flynn case with prejudice for failing to comply with the writ of mandamus.
3. Appoint a judge to the case who will comply with the writ of mandamus.
4. Force Sullivan to retire or face further sanctions for refusing to comply with the writ of mandamus.
A pardon by the president would be an admission that Flynn committed a crime. The criminal here is Judge Sullivan not General Flynn.
“A pardon would be the worst thing to do.
Let it play out and expose the corruption.
General Flynn can sue the pants off the government for prosecutorial misconduct.
If he is pardoned all that disappears”.
You are absolutely right on all points. Thank you!
“A “pardon” still says you did something wrong. He did nothing wrong”.
Exactly!
I believe Flynn’s case has to go through the entire legal process in order for him to sue those in gov who framed him. A pardon would imply his guilt.
Pardon means admitting guilt and remorse.
No. No pardon. He did not commit a crime. He should take no less than having the indictment dropped. He is too honourable to accept a pardon for a crime that was never happened.
Why would an innocent man whose case has been dismissed need a pardon? The court just needs to enter the dismissal, which is a ministerial task. If the Circuit Court won’t do it promptly, the Supreme Court will slap them down.
Sullivan’s goal is to drag this on past the election, and hope Trump loses. But at that point, Trump could issue the pardon. For our nation’s sake, we have to pray we don’t have to worry about that. In any event, there is no need for a pardon until we reach that point.
I think Trump should bring Flynn back to a White House position right now, on the grounds that the DOJ has ordered dismissal of his case and so he will never be convicted. Let the Court of Appeal say that the President’s Deputy National Security Advisor OR even better, his Intelligence Community Reorganization Czar, should continue to be subjected to this partisan game playing by corrupt judicial tyrants, let them do it to a guy who has access to all their phone records.
Abolish or split up the DC Circuit court. Form a different circuit court because DC is not a state and therefore doesn’t need a circuit court.
I disagree, not because I don’t think that Flynn deserves to be pardoned. However, it would make it almost impossible to appoint him to what he was supposed to do when Trump first appointed him, clean up the intelligence communities.
If Flynn gets exhonerated by the system, he’s in the clear to be appointed. If he gets pardoned, than he can’t be appointed. That may by why the judge in question is trying to stretch it out, to make Trump pardon him and take Flynn out himself.
I’d rather have Flynn be in the clear and come down like an avenging angel.
He would have to be voted in by the Senate. I don’t think the Senate would appoint him if Trump pardons him and he isn’t exonerated by the system itself.
The staff of the WSJ is filled with globalist sh!tbags. I just assume John Bolton and Mitt Romney take turns writing their editorials.
Arrest Judge Sullivan .
Close the FBI.
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