Skip to comments.Contested Flynn dismissal to go before full appeals court as legal saga drags on (En Banc hearing granted!)
Posted on 07/30/2020 11:07:48 AM PDT by servo1969
The dispute over the Department of Justice's move to dismiss criminal charges against former Trump national security adviser Michael Flynn will get a rehearing by the entire District of Columbia Circuit Court of Appeals, the latest twist in the long-running legal drama that stemmed from the FBI's investigation into possible collusion between the Trump campaign and Russia in 2016.
The order was issued Thursday by the court. Called an "en banc" hearing, all 11 judges on the appeals court will sit in on a rehash of arguments that were made before a three-judge panel in June, which led to a 2-1 ruling in favor of Flynn.
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Informative: thank you! :-)
LOL: great tagline! :-D
Soo,even if they lose in Nov,the dems still have power
Judge mix does not look good to me. Only one Trump ipick the rest all tainted,obama,clinton,bush,looks like a very liberal mix.
I think it would be complelely nuts for the en banc appeals court to rule in Sullivan’s favor and then for Sullivan to go ahead and sentence Barr for “perjury,” but I am not entirely sure they won’t try that anyway. Further, I am not sure how Roberts would rule on appeal.
The goal is to run the clock until the election. I think that will happen, courtesy of the federal judiciary.
I don’t foresee Sullivan charging Flynn with contempt, but if that’s what it takes to cause a long enough delay (on account of how quickly this procedural red herring takes), then that’s what will happen.
SCOTUS won’t take the case no matter what.
SCOTUS wont take the case no matter what.
To me this is all about Trump pardoning him so as I understand it he then cant sue anyone involved.
The “S” in Emmet Sullivan, the bastard blackrobe
who would kill all Americans if they had one neck,
stands for SEDITION.
I don't think so. Flynn has his liberty now, and even if Sullivan goes ultra nutty and files a criminal contempt charge to run the clock, Flynn will be free while that case is prosecuted, and eventually, that case won't stick.
The judicial branch is holding Flynn in its clutches, to help swing the election.. The press gets narrative of "Barr bad, even courts agree."
When Trump is re-elected, nothing the courts do on the Flynn subject will redound to the harm of Trump. At that point the courts will proclaim they are pure as driven snow, and of course it is wrong to hold up the Flynn case.
There is though, truth in what you posit. Flynn's case has to end in Flynn's favor in order for him to have a malicious prosecution claim. That's already happened. If there is a pardon, it will not be for "lying to the FBI." The government has asserted that the FBI had no justification to interview Flynn in the first place.
If there ever is a pardon from Trump, it will be for contempt issued by the court, on account of Flynn filing then asking to withdraw his guilty plea. That's a separate (bogus) case, and if Sullivan wasn't a judge, he'd be setting himself up for a claim of malicious prosecution.
I agree that they can leave the Flynn case in limbo until November. I am not sure that will do much to elect Biden unless Flynn goes to jail and Trump pardons or commutes before the election.
Thanks for your take on Flynn case. A real travesty
Having the court on the side of the resistance adds heft to the Trump is bad and Barr is his toady. That narrative exists and will persist no matter what. That narrative doesn't take a Trump pardon.
Look at the flip side too. If Trump doesn't end the fiasco, the pressure is on the resistance court. Meanwhile, unlike Stone, Flynn is not facing impeding incarceration.
No matter which way or when the Flynn case resolves in court, both sides will use the case for narrative.
It's going to be tough for the resistance courts to send Flynn to jail under the circumstances. It's tough enough for them to belay dismissing the "lied to the FBI" case. Jailing for withdrawing a guilty plea when the FBI investigation and Special Council conduct have been exposed in Motion to Dismiss won't fly. The people will be all over Congress. We see what is going on, and we see that Congress is indifferent.
Trump probably will if there is no other way.. but to drop all charges is better for Flynn..and sullivan knows it.
Well, thank you for the correction!
I agree but also think that narrative would be more persuasive with the CNN/MSDNC crowd if Trump were forced to pardon/commute before the election. Maybe that will not happen, because maybe Flynn will not be sentenced before the election. After the election, they could try to impeach Trump again, but I doubt that would result in a senate conviction.
The Stone pardon happened well after Stone was sentenced, just before he was scheduled to report to the jailer.
If Flynn is charged with criminal contempt, he gets a trial for that. The trial alone would take a month, anyway, maybe half a year.
At any rate, the “Trump pardon” thing, if it’s to happen, is out there a good piece, well past the election.
The way I see it, the judiciary is trying to deny Trump a clear victory before November. When the narrative shifts to Mueller as the bad guy and Flynn as the good guy, that hurts the DEMs. The press is completely derelict, as usual, reporting on the case.
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