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 nation’s 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 court’s panels to Michael Flynn.
Mr. Flynn, the former national security adviser, has already suffered from unfair prosecution by the FBI and Justice Department. He’s also been abused by federal Judge Emmet Sullivan, who has refused to dismiss the case after the Justice Department found that special counsel Robert Mueller’s prosecutors had failed to turn over exculpatory evidence to Mr. Flynn and his attorneys.
That’s 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. It’s 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 can’t 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 ...
The votes will be cast on December 15, 2020 and counted on January 5, 2021 - whether there is a “Presidential election” or not.
Which is why Susan Rice is Biden's VP choice (whether or not Biden has been told yet).
She is a natural-born citizen of the permanent government AND the only one who is BOTH a Clintonista AND an Obama insider.
“Let it play out until it’s on the edge. Allow the tax paying public to see exactly how the system “works”.
The Left would be happy if the President pardoned Gen. Flynn. Indeed, the talking points are ready to go. The Left would say Flynn was pardoned to buy his silence about the President’s “misdeeds.” To me, this is the reason the full DC Circuit granted a rehearing en banc. It is to keep the pressure on the President. That Gen. Flynn is actually innocent is of no consequence to the Left.
I think they put it into a translate program to a non-Western language and then translated it back to English in a different program in order to get around the copyright and subscription firewall. Naughty.
Bush 1 or Clinton? That was a decision that has led to decades of turmoil for this nation and world.
The two party system that gave us that one needs a good flushing.. but it is now one helluva a big swamp, entrenched with vile critters and characters that defy the masses their just dues and rewards.
Perot was no Trump but witnessing what did transpire should make us all shiver and wonder, why are these people still in power?
Exactly! It is coming.
...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.
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I think that was the origin of the military tribunal tropes that were being pushed a year or so ago.
Then, we all got to see where the military brass stands wrt to our nation and the Constitution.
We need to go 4th generation on these pukes. And no one dares attempt that before the election, when we still have a chance of winning, if we can keep it honest.
“These are the times that try men’s souls.” And those of women, too.
They know he knows
Just thinking at random. Wondering if the DOJ can prepare an emergency ex parte motion to SCOTUS to declare the DC Court of Appeals and the District Court as operating unconstitutionally outside the separation of powers.
I am sure Barr will be respectful of the en banc panel of the DC Appeals Court but if they step out of bounds, an emergency appeal to SCOTUS can be made same day. The emergency appeal need not address the Flynn case but address more generally separation of powers and standing.
If SCOTUS rules in favor of the DOJ, the DC circuit and its district courts can be suspended and/or removed from the Flynn case. An added motion to transfer jurisdiction of the Flynn case to a known objective court operating lawfully can be filed and if granted, this can set precedence for other cases such as Spygate, FISAGate cases to be held in a court outside the DC Circuit.
In other words, declare the DC Courts to be rogue, establish a receivership for them, issue a consent degree and oversee their operations for however many years it takes for their corruption to be rooted out.
...DOJ can prepare an emergency ex parte motion to SCOTUS to declare the DC Court of Appeals and the District Court as operating unconstitutionally outside the separation of powers.
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Woefully lacking in legal knowledge, especially the arcana of constitutional Law.
Can you elaborate for the uneducated? I’m unaware of the basis for this sort of play.
The DOJ dismissed the charges against General Flynn. The DOJ is/was the sole prosecutor and there could be no other prosecutor as this is strictly a federal case.
The DOJ is part of the Executive branch of federal government and is completely separate from the Judicial branch.
Sullivan, and now apparently the DC Court of Appeals, are breaching the separation of powers laid out in the Constitution between the Executive and Judiciary
The DOJ can file a motion (I am thinking) with SCOTUS to suspend the DC courts from breaching the separation of powers and to declare any further delay in granting dismissal as a de facto continuation of said breach.
Upon granting motion to suspend, the DOJ can claim bad faith on the part of the DC courts and request leave to transfer jurisdiction to federal courts outside DC.
Upon granting leave to transfer jurisdiction outside DC, the DOJ can request precedent to transfer all pending cases or cases in preparation outside DC courts.
The White House, citing bad faith, can file a complaint with SCOTUS to bring the DC courts into a receivership where special court masters are appointed to investigate corrupt practices of the DC courts using the Flynn case as pretext.
Meanwhile, SpyGate, FISAGate, and others can be filed in federal courts outside DC
“But make them dig deep in their personal wealth to
defend themselves regardless of the outcome.
Let them go bankrupt like Flynn was bankrupted“
There are 10,000 DC lawyers who will defend them for free.
Probably true.
And if they would charge, Soros would pay.
Judge Berman Jackson and a social media type jury would throw a pizza party and laugh in our faces.
Wow!!!
Odds of this actually being tried, let alone succeeding? I can hear the illiterati screeching,”It’s political!” and, of course, it is.
Thank you for the step-by-step explanation.
We have to separate politics from the pardon. There is *nothing* that President Trump can say or do that demtards won’t go into paroxysms of rage over. The President could shove a baby in a stroller out of the path of a speeding train (it won’t be the bullet train in SoCal) and the headline would be: Trump is raaaaaayyyyyyycccccccciiiiisssst because the infant was not a POC.
Thus, any political pluses or minuses are really figments of our imaginations. President Trump needs to time the pardon in a way that most benefits the Good Guys. We have no clue what is going on behind the scenes; timing and context are everything. There is little that this President does without a reason.
As was pointed out on this thread in another post, no judgment has been entered, LTG Flynn has not been convicted or sentenced and therefore there is nothing to pardon. He is in limbo.
Sidney Powell has pointed this out in several briefs, she has also pointed out that what Judge Sullivan is doing exceeds his authority. But he and his corrupt fellow judges have decided that they are no longer part of the judiciary, they are part of the political cabal. They would not be doing this unless it benefits the Democrat Party and Trump’s opponenet. This is not justice, it is political malfeasance.
If Sullivan can delay until the election is over and the new Administration inaguarated, Trump may not be able to pardon him and the new Administration can send him to prison. Only one man can prevent that and his name is John Roberts.
It’s too bad, because we all ought to be most interested in the truth.
It is interesting that my unresearched point of view was unsettled law until 1925, and that the phrase “offesnes against the US” was taken, by SCOTUS, to be a point of style meant to distinguish only between those, and offenses against one of the several states.
Completely unrelated, here is a good read ... https://twitter.com/SeekerOTL/status/1289901947676286976
Subject is David H. Laufman.
https://threadreaderapp.com/thread/1289895051955339264.html <- exact same material
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