Posted on 08/01/2020 4:47:20 AM PDT by karpov
Hostility to all things Donald Trump has corrupted more than one American institution in the last four years, and now the nations second highest court seems to have succumbed. On Thursday the D.C. Circuit Court of Appeals agreed to hear an en banc appeal of a writ of mandamus granted by one of the courts panels to Michael Flynn.
Mr. Flynn, the former national security adviser, has already suffered from unfair prosecution by the FBI and Justice Department. Hes also been abused by federal Judge Emmet Sullivan, who has refused to dismiss the case after the Justice Department found that special counsel Robert Muellers prosecutors had failed to turn over exculpatory evidence to Mr. Flynn and his attorneys.
Thats why Mr. Flynn sought a writ of mandamus ordering the judge to dismiss the case, which was granted June 24 in a 2-1 ruling by a panel of the D.C. Circuit. Judge Neomi Rao wrote the majority opinion and was joined by long-time circuit Judge Karen Henderson. Its all but unheard of that the full circuit court would second-guess the grant of a writ, but the Flynn case has been highly politicized and the D.C. Circuit was stacked with progressives in 2013.
Judge Sullivan justifies his defiance with an expansive and unique interpretation of Rule 48 of the Federal Rules of Criminal Procedure, which says that the government cant dismiss a case without leave of the court. The 2-1 D.C. Circuit panel opinion slapping him down rests largely on a precedent the same court set in U.S. v. Fokker Services in 2016.
The relevant line from that opinion is clear.
(Excerpt) Read more at wsj.com ...
Notice how the appeals court isn’t enforcing the law? Funny, that...
But yeah, it’s all tactically wise and sagacious of our side to do nothing and let blatent illegality have its way.
Most of the time doing nothing accomplishes nothing.
Nope. Cause this perverse dance can’t win.
the Justice Department found that special counsel Robert Mueller’s prosecutors had failed to turn over exculpatory evidence to Mr. Flynn
It found more than that. It found there was no crime.
—
Let’s get to the real heart of the matter. There is only one crime; being a supporter of Pres. Trump.
There is no law anymore. Just Political Hacks,.
That maybe true. But make them dig deep in their personal wealth to
defend themselves regardless of the outcome.
Let them go bankrupt like Flynn was bankrupted.
The real reason the courts are playing with an esoteric point of procedure is to delay the inevitable.
Meanwhile, the press gets to set up the narrative that Barr is a toady - if he wasn’t, the DC Circuit would not entertain rejecting Barr’s intention to “go easy on Flynn.”
That narrative gets the law wrong, but it does get the swamp argument correct. Flynn is in fact guilty, and Barr is a toady.
What we are seeing is internecine battle within the government. It is no shock that the courts are part of the resistance. They will do all they can to stick it to Trump. And the press is guaranteed to go along with the narrative, no matter what the facts and law are. Everybody has shown they are willing to make up law, and make up facts.
Public gullibility enables this. The public is being duped, big league.
Just so.
It's all hands on deck to flip the election. Our own government is a thousand times more guilty of misleading the "free and fair election" than Russia or China could ever hope to be. It is also more effective, especially with a complicit press.
Every branch of government is pushing, not just floating but pushing, lies and disinformation, and in only one direction - get Trump.
Government of, by, and for the government.
This and abortion and gun laws and illegal aliens in the country including thousands of muslim terrorists? No wonder respect for the courts is at an all time low. These courts are not only unjust, theyre a big part of The Enemy Within trying to destroy America with their evil judicial law- making These so-called justices / judges have to go ASAP if we are to have any chance at all of saving and repairing This country.
Clearly the Flynn case is and has been n the political realm for a long time. Sullivan has been tenacious in keeping it there. Currently, there are 7 Dem appointed judges and 3 Republican appointed judges on this appellate court..
The same Dem judges on this appellate level who have decided to have an en banc review will be the same Dem judges that will overturn the 3 judge panel’s decision. As such, Flynn does not have a legal problem. He has a political affiliation problem.. His attorney, Sydney Powell will only get justice at the Supreme Court level but it will definitely not be at the hands of the 4 bundled Dem justices who sit on that court
“The only question is: will the shooting phase of CW2 begin before the election, between the election and January 20, or after January 20? That is the only question.”
Yup. Because I’m afraid it is now inevitable.
“Government of, by, and for the government.”
That’s pretty much it in a nutshell.
You’re only pardoned when you did something wrong. Flynn never did anything “wrong” except sacrifice himself for the good of the country and the good of his family. Everyone complicit in forcing this sacrifice should be prosecuted.
Good point. That explains a lot. It must be exceedingly frustrating for AG Barr to take flak for not prosecuting.
Obama stacked the DC Courts with progressives.
For years now we’ve heard how the Trump Administration has not prosecuted one, not one, not any of the coup plotters. The lack of prosecution has caused infighting. But it’s clear, what’s the point of holding a trial in courts run by progressives?
However, Comey, Strzok, Brennan, and others, having taken the Oath of Allegiance, are subject to charges of Treason, and if charged with conspiracy to overthrow the President of the United States may be categorized as terrorists and/or as aiding and abetting foreign powers.
Maybe there’s a way to assign jurisdiction to a special court of jurisdiction away from politically arranged progressive courts.
Nevertheless, I can see how a case against the conspirators is frought with legal risk brought by judicial bias.
Otherwise, it begins the night Trump is officially declared the winner.
??? Was this written by someone to whom English is a second language?
Another question: When will the votes all be counted, between the election and January 20, or after January 20?
This version of the article cannot be correct. I reads like a machine translation from some foreign language. This version calls him the Nationwide Safety Adviser. He was the designated National Security Advisor who leads the National Security Council.
These corrupt judges are trying to force Trump to do this. Of course, he will in the end, if necessary. But the full exposure of this travesty will not be accomplished by a pardon.
The WSJ article was translated into some other language, and then translated back into English. Some things were garbled in the double translation. I found it very amusing.
Judge Sullivan is attempting to sentence Flynn using his guilty plea, which will result in a record of conviction. He cannot do this under the law, but he abandoned the Constitution, the Law, case law, and Circuit Court rules a long time ago. Failing this, he will attempt to charge, try, convict and imprison Flynn on grounds of lying to the court via his guilty plea. He can’t do that either, but I refer you to my previous sentence.
I predicted on this forum that the Court would deny an en banc hearing. I was wrong, painfully wrong. That prediction was based on the brilliant briefs filed by Flynn’s attorney and by the Solicitor General of the U.S. The briefs filed by the Sullivan team were laughable. I thought that the court would avoid professional embarrassment and be done with this travesty.
What I did not know, and never read anywhere, was that this court has already granted 4 en banc hearings in cases involving Trump. This is the fifth. Sullivan had to know that the outcome was rigged and he would get his hearing. That is unheard of. En banc hearing are almost never granted and they are granted about 3 or 4 times a year by a Federal Appeals Courts. At least that is my understanding.
So, this corrupt court are in a conspiracy with Judge Sullivan and with the Coup d’Etat Cabal. A delay until after the election will hurt Trump and help Biden. Flynn is collateral damage. Clear evidence that we have a rogue court working to overthrow our Government.
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