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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

click here to read article


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To: myerson

I’m with you, he’s not a party to the case. The only reason he had an advocate in the case because of the defense appeal.


61 posted on 06/25/2020 9:43:47 AM PDT by NickRails
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To: CIB-173RDABN

The judge can’t appeal because he is not a party to the case.

This idiot reporter for the Wash Establishment Times is a moron and doesn’t know what he talking about.


62 posted on 06/25/2020 9:44:04 AM PDT by Okeydoker
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To: Tonytitan

“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. “

that’s what i think too; i read the opinion and it’s definitive:

https://www.cadc.uscourts.gov/internet/opinions.nsf/79798A0FA0633B7985258591004DD3E7/$file/20-5143-1848728.pdf


63 posted on 06/25/2020 9:48:01 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: myerson

Sullivan has gone full Captain Ahab.


64 posted on 06/25/2020 9:52:26 AM PDT by elcid1970 ("Pres. Trump doesn't wear glasses. That's because he's got 2020.")
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To: Red Badger

I have not followed this case closely.

If this decision stands, there will be at least one disturbing consequence...

Every federal defendant who has pleaded guilty will now ask, at least, for new discovery.

At worst, they will ask to withdraw their guilty plea.

Since 96% of federal inmates plead guilty to a reduced charge, this will create total chaos in the federal courts.


65 posted on 06/25/2020 9:54:35 AM PDT by zeestephen
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To: Red Badger
The Lunatic Is On The Grass, The Lunatic Is On The Grass

The evidence before the court is incontrovertible.
There's no need for the jury to retire.
In all my years of judging, I have never heard before
Of someone more deserving of the full penalty of law.

-PJ

66 posted on 06/25/2020 9:54:59 AM PDT by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: zeestephen

I have not followed this case closely.

If this decision stands, there will be at least one disturbing consequence...

Every federal defendant who has pleaded guilty will now ask, at least, for new discovery.

At worst, they will ask to withdraw their guilty plea.

Since 96% of federal inmates plead guilty to a reduced charge, this will create total chaos in the federal courts.


You might want to familiarize yourself with this case. The D.O.J. vacated the case because the investigation and prosecution were corrupt. Furthermore convicts who plead guilty appeal their cases all the time. That is not nor will be anything new in federal courts.


67 posted on 06/25/2020 9:58:44 AM PDT by outpostinmass2
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To: Mr Rogers

He is formally a party. He is the defendant in Powell’s special legal suit filed with the appellate court. The appellate court ruled against him and ordered him to dismiss the Flynn prosecution.


68 posted on 06/25/2020 10:02:49 AM PDT by rintintin (qu)
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To: CIB-173RDABN

My thought too


69 posted on 06/25/2020 10:05:18 AM PDT by Donnafrflorida (Thru Him all things are possible.)
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To: Red Badger

Bogus article, he simply has no standing to do so.


70 posted on 06/25/2020 10:05:38 AM PDT by databoss
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To: Okeydoker

The judge can’t appeal because he is not a party to the case.

The judge is the defendant in the case that the appellate court ruled on. Technically, it’s not the same case as the Flynn prosecution. Flynn’s lawyer basically launched a separate case against the judge, asking the appellate court to order the judge to dismiss the Flynn case.


71 posted on 06/25/2020 10:05:48 AM PDT by rintintin (qu)
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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. That turns our system of justice completely upside down and makes the appeals court a worthless entity if the lower court can appeal their ruling. Mind boggling.

Partner, it does throw our judicial system upside down and it is so mind boggling.

The higher court dismissed the case by voting 2-1 in favor of General Flynn.

Th DemonRat Black Judge Sullivan does not want to release General Flynn after the Higher Court has already ruled to release General Flynn by a 2-1 vote.

We know now that the Black Judge Sullivan is getting paid by the DemonRat party and so the Black Judge Sullivan will not release General Flynn.

72 posted on 06/25/2020 10:06:15 AM PDT by TheConservativeTejano (God Bless Texas...)
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To: databoss

That remains to be seen...............


73 posted on 06/25/2020 10:07:14 AM PDT by Red Badger (To a liberal, 9-11 was 'illegal fireworks activity'..........................)
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To: Red Badger

“The Lunatic Is On The Grass, The Lunatic Is On The Grass.....................”

I just put on Dark Side of the Moon for my afternoon listening pleasure.


74 posted on 06/25/2020 10:07:20 AM PDT by EQAndyBuzz (Cloward-Piven is finally upon us.)
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To: outpostinmass2

Re: “Furthermore convicts who plead guilty appeal their cases all the time.”

I am hearing that for the first time.

Defendants who plead guilty swear - under penalty of perjury - that they have committed the crime they are charged with.

They also swear - under penalty of perjury - that they will not seek new discovery, appeal their case, or seek a new trial.

Perhaps you can give me a couple of current examples of defendants who are appealing their guilty pleas?

Thanks.


75 posted on 06/25/2020 10:09:25 AM PDT by zeestephen
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To: InterceptPoint
-- If anyone knows if there is or is not a time limit they should let us all know. --

CACD FRAP Circuit Rule 40, Note (3)

(3) Writs. No mandate will issue in connection with an order granting or denying a writ of mandamus or other special writ, but the order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.

76 posted on 06/25/2020 10:24:45 AM PDT by Cboldt
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To: myerson

Apparently he can request that it be reviewed by the entire circuit - “en banc”. Since there are more rats on the entire circuit he might get what he wants.

Of course - this is insane and obvious to all what’s going on. The Obama persecution of Flynn.


77 posted on 06/25/2020 10:31:25 AM PDT by Aria
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To: InterceptPoint
-- If anyone knows if there is or is not a time limit they should let us all know. --

CACD FRAP Circuit Rule 40, Note (3)

(3) Writs. No mandate will issue in connection with an order granting or denying a writ of mandamus or other special writ, but the order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.

There is a separate and longer time limit if a party decides to move for rehearing, 30 or 45 days (longer for the government). That limit is pointless here, because implemetation of the writ/order at 21 days frees Flynn.

The Circuit Court can order rehearing on its own, provided a majority of the active members chooses to do so. Sullivan and Lawfare can work with their cohorts (for example Wilkins) in the Circuit Court on that angle.

78 posted on 06/25/2020 10:32:35 AM PDT by Cboldt
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To: Presbyterian Reporter
-- ... not much chance the DC Circuit Court of Appeals would reverse themselves so soon. --

If the CADC decides to prolong Flynn's ordeal, it will do so in a way that preserves Fokker. No reversal needed. Make an exception, distinguish this case somehow. There is no such thing, really, as a rule of law that binds a court. Courts do what they will.

79 posted on 06/25/2020 10:35:28 AM PDT by Cboldt
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To: CIB-173RDABN

“I am confused. How is it the Judges place to appeal?”

Good question. The judge is neither of the litigants in the case, not the prosecutor nor the defendant; so from where comes Sullivan’s “right to appeal”?


80 posted on 06/25/2020 10:54:56 AM PDT by Wuli (Get)
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