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Contested Flynn dismissal to go before full appeals court as legal saga drags on (En Banc hearing granted!)
Fox News ^ | 7-30-2020 | Tyler Olson, Bill Mears

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.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: blackrobesedition; dccircuit; dcdistrict; dirtyemmetsullivan; dirtyjudgesullivan; emmetsullivan; emmitt; enbanc; flynn; judicialimpropriety; judicialsedition; judicialtreason; judiciary; michaelflynn; mikeflynn; nevertrustajudge; nevertrustjsullivan; politicaljudiciary; sidneypowell; sullivan; trump; unfitforthebench
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To: servo1969

And the ambulance chasing Attorneys keep raking in the big bucks.


21 posted on 07/30/2020 11:30:44 AM PDT by ImpBill
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To: servo1969
The American judiciary is now a political operation.

"Resistance Roberts" can jam his "non-partisan" pronouncements up his keester.

22 posted on 07/30/2020 11:37:53 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: servo1969

I am not surprised at all by this. Now we shall i shall wait to see Sidney’s next move.

By the way where is Durham report.


23 posted on 07/30/2020 11:38:10 AM PDT by LoveMyFreedom
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To: Jeff Chandler

Do NOT trust SCOTUS. Roberts is a lefty.

The only answer is violence on our side.

Their mob gets its way. It’s time overdue for out mob.

Find that Emmet judge, tar and feather him. Find news anchors, tar and feather them.


24 posted on 07/30/2020 11:38:48 AM PDT by FroggyTheGremlim (Hiya kids, hiya, hiya!)
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To: Soul of the South

” Majority Leader McConnell were too busy collaborating with Democrats “

Yes and for that exact reason the voters of Kentucky need to dump McConnell. He is totally worthless as a leader and a Republican.


25 posted on 07/30/2020 11:40:30 AM PDT by Colo9250
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To: FroggyTheGremlim

Our mob.


26 posted on 07/30/2020 11:40:56 AM PDT by FroggyTheGremlim (Hiya kids, hiya, hiya!)
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To: servo1969

They REALLY go out of their way to persecute Trump supporters. It’s as if the defendant has no rights at all and they can trample all over the Constitution.
This isn’t America.


27 posted on 07/30/2020 11:41:05 AM PDT by JerseyDvl ("If you're going through hell, keep going.")
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To: FroggyTheGremlim

I dont conoone violence. But I fell like you are correct.


28 posted on 07/30/2020 11:47:39 AM PDT by neverbluffer
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To: neverbluffer

Sorry for the typo issue.


29 posted on 07/30/2020 11:49:05 AM PDT by neverbluffer
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To: Bayard

The scary part about this is that the argument that the judge doesn’t have the right to contest the appellate court decision was pretty persuasive. He is not a litigant, just a judge, so he does not have a right to appeals. Of course, he didn’t have a right to a lawyer, either, but it has been insane all along, so why not an appeal, too. Soon, they will let him take over the prosecution.


30 posted on 07/30/2020 11:50:04 AM PDT by Defiant (I hope the Russians trick me into voting for Trump again in 2020.)
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To: servo1969

President Trump should pardon Flynn. The federal courts will never let Flynn be free; they want him to die in prison.


31 posted on 07/30/2020 12:05:24 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: MCEscherHammer

Yeah, but he will tell you that the courts and judges are not political!


32 posted on 07/30/2020 12:06:24 PM PDT by beancounter13
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To: JerseyDvl

We are living on the precipice of a violent Marxist coup.

I just hope that before I die, if Civil war II starts, I get to take out 10 before they take me.


33 posted on 07/30/2020 12:06:38 PM PDT by PA-RIVER
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To: servo1969

This is going exactly as I thought it would go. The entire circuit court will review it and toss it out or it will go to the Supreme Court where it will definitely be tossed out based on the fact that without an accuser, there is no case. Unfortunately, it gives the democrats just what they want, another way to influence the election in November.


34 posted on 07/30/2020 12:06:48 PM PDT by maxwellsmart_agent
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To: servo1969

When?


35 posted on 07/30/2020 12:10:50 PM PDT by OKSooner (Saint Nicholas is a real Christian Saint from the 3rd and 4th centuries. John Durham does not exist.)
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To: CharlesWayneCT

The case transmogrified from US v. Flynnn to Sullivan v. Flynn.

I don’t mean that in a flippant way. It’s a reasonable literal view. Sullivan has been indicating interest in use of a court’s inherent criminal contempt power, in light of a motion to withdraw guilty plea. The argument is that the guilty plea is itself perjurous (he does not plan to charge taht, he can’t), and had it been a not guilty plea, Flynn would have been showing properdeference to the court.

Criminal contempt is an inherent power of the court. But to apply to withdraw of guilty plea is unprecedented, especially in light of government admission there is no case and so on.

The government isn’t a party, no matter what. This is court vs. defendant. The government’s stake in this is government power to withdraw a charge. as far as the court is concerned, it HAS allowed the charge to be withdrawn. What Sullivan is not releasing is the defendant, and he is doing so by abuse of judicial power.


36 posted on 07/30/2020 12:14:26 PM PDT by Cboldt
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To: FroggyTheGremlim

I’m too old to participate in a revolution. All I can do is protect my own property.


37 posted on 07/30/2020 12:17:05 PM PDT by Jeff Chandler (Father in Heaven, I trust in Your love.)
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To: servo1969

US District Judge Emmet Sullivan is resisting the Justice Department’s attempt to drop the case.


Talk Radio was singing Happy Days Are Here Again a little too early.


38 posted on 07/30/2020 12:17:11 PM PDT by conservative98
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To: servo1969

Too bad Antifa can’t make themselves useful and go to Sullivan’s house at midnight every night.


39 posted on 07/30/2020 12:19:08 PM PDT by GnuThere
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To: curious7
-- Since when does a trial judge have standing to act as a prosecution advocate? --

Since never. But here, Sullivan is asserting he is protecting the COURT, not "the people." Criminal law is "people vs." Broke a law, etc.

Sullivan is eyeballing what is called "criminal contempt." This is inherent power of ANY court. The power for federal courts is codified at 18 USC 401, but the power does not depend on this section of code.

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, ...

This is an oddball creature of law.

40 posted on 07/30/2020 12:29:03 PM PDT by Cboldt
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