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Judge's move opens door to appeal of decision ordering dismissal of Flynn case
www.washingtontimes.com ^ | Wednesday, June 24, 2020 | By Jeff Mordock -

Posted on 06/25/2020 9:10:19 AM PDT by Red Badger

A federal judge late Wednesday halted all proceedings in the case against President Trump’s first national security adviser Michael Flynn.

U.S. District Judge Emmett Sullivan issued a one-page order hours after a federal appeals court ordered him to dismiss the case saying he overstepped his authority by keeping it alive.

The move buys Judge Sullivan some time while he decides whether to appeal the 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit. Judge Sullivan could appeal the case to the en banc appellate court or the U.S. Supreme Court.

It is also possible one of the appellate court judges could request en banc hearing even if Judge Sullivan doesn’t.

“In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn’s petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are hereby stayed,” Judge Sullivan wrote in the order.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: arrogantblackrobe; bow2thejudge; deepstate; deepstateskeptjudge; dirtyemmet; dirtyjudgesullivan; emmettsullivan; flynn; impeachemmetsullivan; judiciary; kingemmetsullivan; kingjudgesullivan; lordemmetsullivan; sullivan; sullivanvsamerica; treasonousblackrobe; worstjudgeever
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To: Red Badger
The longer this goes on, the more Sullivan violates Flynn's 6th Amendment rights.

Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

21 posted on 06/25/2020 9:23:38 AM PDT by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: myerson

“ The “judge” has no standing to appeal anything. He isn’t a litigant. Is Sullivan really that oblivious?”

I believe he is a party in this action. He is essentially the defendant in the special suit brought against him by Flynn’s lawyer (Powell), in which she asked the appellate judges to order him to dismiss the prosecution of Flynn.


22 posted on 06/25/2020 9:23:43 AM PDT by rintintin (qu)
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To: Red Badger

You have got to be kidding me. To defy this court order along with precedent both from the District and Supreme court show immeasurable arrogance. Laws no longer matter to the Left.


23 posted on 06/25/2020 9:24:19 AM PDT by lastchance (Credo.)
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To: gov_bean_ counter

Is he a Barky appointee ?


24 posted on 06/25/2020 9:24:22 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: Red Badger

no question - he wants to keep the case open until after the November election.


25 posted on 06/25/2020 9:24:58 AM PDT by elpadre
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To: Red Badger

It sure appears as if Sullivan is being controlled by someone other than himself...


26 posted on 06/25/2020 9:25:04 AM PDT by jeffc (I'm a Patriot, and the media are our enemy)
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To: elpadre

maybe he has a promise of being a Biden appointment to SCOTUS.


27 posted on 06/25/2020 9:26:35 AM PDT by elpadre
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To: Red Badger

Flynn should come out on every conservative venue and scream his guts out.

Whatta they gonna do to him?


28 posted on 06/25/2020 9:27:05 AM PDT by Maris Crane
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To: Republican Wildcat
How can a lower court judge appeal a ruling made by a higher court? That makes zero sense.

What makes even less sense is that the appeal may be initiated by the dissenting judge on the 3-judge panel, Judge Robert L. Wilkins, an Obama appointee. However, according to an American Thinker article, Judge Neomi Rao, a Trump appointee writing for the majority, just eviscerated his dissent so thoroughly that the en banc panel might say "why bother" and live with the 2-1 decision.

29 posted on 06/25/2020 9:27:45 AM PDT by Tonytitan
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To: Red Badger

the impropriety is as big as the Atlantic ocean.

Sullivan is an openly treasonous, self-centered, “judge”.

every single case he touched should be reopened.


30 posted on 06/25/2020 9:27:50 AM PDT by Diogenesis
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To: Buckeye McFrog

- Flynn goes on Rush Limbaugh and spills what he knows in violation of the gag order

Except he didn’t say anything more than “thanks for the support.”


31 posted on 06/25/2020 9:28:17 AM PDT by Pravious
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To: Red Badger

Powell was on Hannity last night & didn’t sound confident at all in justice for Flynn. Said there will be some justice but not what people are hoping for. Depressing.


32 posted on 06/25/2020 9:28:33 AM PDT by Jrabbit
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To: CIB-173RDABN

the judge is saying that flynn is disrespecting the court because he plead guilty when he was not, so the guilty plea should override the fact that there is no prosecution left.

never plead guilty when you are not. ever.


33 posted on 06/25/2020 9:28:44 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world)
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To: Red Badger

Commie judge is stalling for time until the election to keep that gag order on Gen’l Flynn. The target is Flynn’s knowledge. They want him to be silenced at all costs, and that judge’s position is expendable in effort to do so. That judge for his loyalty to the party they can, and will put somewhere else like a pawn in a chess game when he is expelled from his post.

The Commie/Democrats are desperate, and they are dangerous, and will do anything to succeed.


34 posted on 06/25/2020 9:28:49 AM PDT by rockinqsranch (Dems, Libs, Socialists Call 'em what you will, they all have fairies livin' in their trees)
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To: 2banana

Sullivan wasn’t the appellant in this case - it was Flynn. Pretty sure Flynn isn’t going to appeal. And since the government (DOJ) was in agreement with Flynn, pretty sure they wouldn’t appeal the ruling either.

It’s always one of the parties in a case that appeals. As I understand it, Sullivan was an actual party but had his ruling appealed. I think it’s all but over.


35 posted on 06/25/2020 9:29:31 AM PDT by GAGOP
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To: Red Badger

Predicted yesterday that this is not over. Said back on May 7th when the DOJ dropped the charges that this case would still be “active” after July 4th. Zero chance the Deep State is giving Trump the optic of having Flynn free on the 4th of July.


36 posted on 06/25/2020 9:30:03 AM PDT by CatOwner
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To: jeffc
It sure appears as if Sullivan is being controlled by someone other than himself...

Well, he could be a True Believer, the fact is his handling of the Stevens case screwed Stevens, and resulted in no punishment for the prosecutors. But there is definitely pressure on him.

Anyway, he will appeal, lefties never give up.

37 posted on 06/25/2020 9:30:08 AM PDT by Fido969 (In!)
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To: iamgalt

the lunatic is on the bench.

repeat.

the lunatic is on the bench.


38 posted on 06/25/2020 9:30:15 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world)
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To: Eric in the Ozarks

BJ Clinton’s boy.

Sullivan was nominated by President Bill Clinton on March 22, 1994, to a seat on the United States District Court for the District of Columbia vacated by Judge Louis F. Oberdorfer. He was confirmed by the United States Senate on June 15, 1994, and received his commission on June 16, 1994.

https://en.wikipedia.org/wiki/Emmet_G._Sullivan


39 posted on 06/25/2020 9:30:16 AM PDT by treetopsandroofs
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To: Red Badger
Punishment by process (learned that phrase from freeper cboldt).
40 posted on 06/25/2020 9:30:42 AM PDT by Prolixus (In all seriousness:)
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