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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

This is totally without legal precedent. There is no corner of our judicial system that the far-left is not willing to corrupt.


81 posted on 07/30/2020 10:58:39 PM PDT by montag813 (Nonsenze)
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To: servo1969

After the hearing, how many years will he have have to wait for the verdict?


82 posted on 07/31/2020 3:25:36 AM PDT by fwdude (Pass up too many hills to die on, and youÂ’ll eventually fall in to some ocean and die anyway.)
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To: CivilWarBrewing
-- Judge Sullivan is the one in CONTEMPT for completely ignoring the DOJ's dropping of all charges. --

Indeed. The public should view him with contempt, he is a contemptible person, and it is a travesty that he sits on the bench.

But my point was to distinguish what the law views as "offenses against the United States" from "impeachment" and "offenses against the court."

POTUS does not have universal pardon power. He can not pardon a state offense, or a parking ticket, or an impeachment. His pardon power is to offenses against the United States.

Criminal contempt is not an offense against the United States.

83 posted on 07/31/2020 3:30:41 AM PDT by Cboldt
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To: lodi90
-- Barr will use it to punt Durham and everything else over election day. --

While Barr may punt, he is on the record that the DOJ 60 day thing is not applicable to whatever Durham is working on. He was asked this question while in House hearing, under oath.

84 posted on 07/31/2020 3:35:13 AM PDT by Cboldt
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To: servo1969

How long is THIS going to take??? A whole ‘en banc’ hearing for a simple matter of dismissing a case where both parties WANT the case dismissed???????


85 posted on 07/31/2020 4:11:08 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: ding_dong_daddy_from_dumas

“” But do you think a Portland jury will convict him? “””

They will probably elect him mayor.


86 posted on 07/31/2020 4:57:22 AM PDT by shelterguy
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To: servo1969

En banc= Pile on by leftist judges.

This is going to SCOTUS.


87 posted on 07/31/2020 5:20:01 AM PDT by Candor7 (Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Fido969

And if Sullivan loses here, he’ll take it to the Supreme Court.

And they’ll throw it right back to Appeals.


88 posted on 07/31/2020 6:17:10 AM PDT by wardamneagle
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To: BenLurkin

Sullivan asked for the en banc hearing after the 3-judge panel told him to drop it. Took them a while to make this decision and I’m betting that, behind closed doors, they wish that he had just followed the original order.

The oral arguments for the en banc review will take place on August 11, but that might present problems for the appellate circuit too. The DoJ keeps finding more evidence of investigatory misconduct related to the prosecution of Flynn, and that is arguably already rising to the level where a judge would apply harsh sanctions to the prosecution of a case — if prosecutors didn’t withdraw the charges first, that is.


89 posted on 07/31/2020 6:20:04 AM PDT by qaz123
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To: servo1969

Completely political decision made by the liberals in this Dem packed appellate court. Dem judges are sickening. Who wants to bet this was a straight party line vote on the bench? Sometimes I think Republican judges should fight fire with fire and no longer conscientiously decide cases that are political based on the law but go legislative like Dem judges and vote their political instincts.


90 posted on 07/31/2020 8:05:00 AM PDT by chuckee
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To: CharlesWayneCT

No one had standing. The judge has done something that no judge has ever done before. I am shocked that the court agreed to hear his case.


91 posted on 07/31/2020 8:10:06 AM PDT by Gen.Blather (Wait! I said that out loud?)
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To: ChineseTrumpFan
There is no such rules.

Not in Law, but a rule never the less. Like the rule that Biden does not get negative coverage from MSM ever.

We shall see if anything happens ever, not just before 90 days (unwritten rule) comes into play.

92 posted on 07/31/2020 8:10:45 AM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: servo1969

Deep State has a bottomless well of money to fight their enemies. And a bottomless pit of depravity of morals.


93 posted on 07/31/2020 8:13:18 AM PDT by P.O.E. (Pray for America)
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To: Cboldt
In any case and IMO, if the DOJ drops charges against a defendant, anything occurring since inception of said defendant's trial is ERASED, including any guilty pleas.

That's my view and I'm sticking to it!

94 posted on 07/31/2020 9:21:15 AM PDT by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: Cboldt

I’m not sure POTUS can pardon a court-initiated criminal contempt. Separation of powers. Each branch has some inherent power (Congress can jail for contempt, courts can jail for contempt) that other branches can’t step on. POTUS pardon power is for CRIMES, and despite it’s misleading name, criminal contempt is not a crime.


In this case it is, however rather like the court adding additional punishment beyond the crime for which they were convicted every time a defendant pled not-guilty and was found not-not-guilty.


95 posted on 07/31/2020 9:41:23 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: veracious

And are we not by this decision giving the courts the power to basically reverse Presidential pardons? What will be the point to have the ability to pardon anymore?


96 posted on 07/31/2020 11:48:18 AM PDT by Sam Gamgee
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To: Jeff Chandler
"I’m too old to participate in a revolution."

I've always been in the "Just Leave Me Alone" Club.

97 posted on 08/01/2020 12:07:19 AM PDT by Paladin2
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To: bk1000

It’ll go up to SCOTUS. I hope he’s granted attorney fees against this runaway judge, and that the DOJ gets costs. Enough of this sh!t.


98 posted on 08/01/2020 11:36:09 AM PDT by Eleutheria5 ("SHUT UP!" he explain ned.)
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To: unixfox

But that gives the appearance of shame, which he probably is honorably opposed to.

Why give his accusers the excuse to finance a hunt and give their flunkies a “job”?

Why give them the chance that they might have an apparently legitimate looking (albeit unjust) public spectacle of arrest, in the off chance that someone betrays him?


99 posted on 08/01/2020 11:39:20 AM PDT by mbj
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To: Persevero

Yes, we must steadfastly keep fighting for goodness, for equity and justice. To give up is to surrender to iniquity; there are still some in this country worth fighting for!


100 posted on 08/01/2020 11:42:48 AM PDT by mbj
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