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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

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To: Cboldt

Informative: thank you! :-)


101 posted on 08/01/2020 11:44:37 AM PDT by mbj
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To: Gen.Blather

LOL: great tagline! :-D


102 posted on 08/01/2020 11:47:15 AM PDT by mbj
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To: MCEscherHammer

Soo,even if they lose in Nov,the dems still have power


103 posted on 08/01/2020 12:28:56 PM PDT by Hambone 1934
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To: mbj
Yeah, but I was wrong. On further research, see Ex Parte Grossman, 267 U.S. 87 (1925). A criminal contempt is pardonable. A civil contempt is not.
104 posted on 08/01/2020 4:45:15 PM PDT by Cboldt
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To: CivilWarBrewing
I was wrong on a legal point. POTUS can pardon a criminal contempt. Cite: Ex Parte Grossman, 267 U.S. 87 (1925)
105 posted on 08/01/2020 4:48:36 PM PDT by Cboldt
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To: ding_dong_daddy_from_dumas
POTUS can pardon criminal contempt. Ex Parte Grossman, 267 U.S. 87 (1925)
106 posted on 08/01/2020 4:51:07 PM PDT by Cboldt
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To: plain talk

Judge mix does not look good to me. Only one Trump ipick the rest all tainted,obama,clinton,bush,looks like a very liberal mix.


107 posted on 08/02/2020 4:30:43 AM PDT by rodguy911 (FreeRepublic home of free because of the Brave)
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To: Cboldt

I think it would be complelely nuts for the en banc appeals court to rule in Sullivan’s favor and then for Sullivan to go ahead and sentence Barr for “perjury,” but I am not entirely sure they won’t try that anyway. Further, I am not sure how Roberts would rule on appeal.


108 posted on 08/02/2020 8:42:32 AM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
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To: ding_dong_daddy_from_dumas

The goal is to run the clock until the election. I think that will happen, courtesy of the federal judiciary.

I don’t foresee Sullivan charging Flynn with contempt, but if that’s what it takes to cause a long enough delay (on account of how quickly this procedural red herring takes), then that’s what will happen.

SCOTUS won’t take the case no matter what.


109 posted on 08/02/2020 10:01:48 AM PDT by Cboldt
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To: Cboldt

SCOTUS won’t take the case no matter what.


To me this is all about Trump pardoning him so as I understand it he then cant sue anyone involved.

Correct ?


110 posted on 08/02/2020 10:41:34 AM PDT by patriotspride
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To: MCEscherHammer

The “S” in Emmet Sullivan, the bastard blackrobe
who would kill all Americans if they had one neck,
stands for SEDITION.


111 posted on 08/02/2020 10:43:43 AM PDT by Diogenesis ("when a crime is unpunished, the world is unbalanced")
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To: patriotspride
-- To me this is all about Trump pardoning him so as I understand it he then cant sue anyone involved. --

I don't think so. Flynn has his liberty now, and even if Sullivan goes ultra nutty and files a criminal contempt charge to run the clock, Flynn will be free while that case is prosecuted, and eventually, that case won't stick.

The judicial branch is holding Flynn in its clutches, to help swing the election.. The press gets narrative of "Barr bad, even courts agree."

When Trump is re-elected, nothing the courts do on the Flynn subject will redound to the harm of Trump. At that point the courts will proclaim they are pure as driven snow, and of course it is wrong to hold up the Flynn case.

There is though, truth in what you posit. Flynn's case has to end in Flynn's favor in order for him to have a malicious prosecution claim. That's already happened. If there is a pardon, it will not be for "lying to the FBI." The government has asserted that the FBI had no justification to interview Flynn in the first place.

If there ever is a pardon from Trump, it will be for contempt issued by the court, on account of Flynn filing then asking to withdraw his guilty plea. That's a separate (bogus) case, and if Sullivan wasn't a judge, he'd be setting himself up for a claim of malicious prosecution.

112 posted on 08/02/2020 12:27:46 PM PDT by Cboldt
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To: Cboldt

I agree that they can leave the Flynn case in limbo until November. I am not sure that will do much to elect Biden unless Flynn goes to jail and Trump pardons or commutes before the election.


113 posted on 08/02/2020 12:46:06 PM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
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To: Cboldt

Thanks for your take on Flynn case. A real travesty


114 posted on 08/02/2020 2:37:40 PM PDT by patriotspride
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To: ding_dong_daddy_from_dumas
-- I agree that they can leave the Flynn case in limbo until November. I am not sure that will do much to elect Biden unless Flynn goes to jail and Trump pardons or commutes before the election. --

Having the court on the side of the resistance adds heft to the Trump is bad and Barr is his toady. That narrative exists and will persist no matter what. That narrative doesn't take a Trump pardon.

Look at the flip side too. If Trump doesn't end the fiasco, the pressure is on the resistance court. Meanwhile, unlike Stone, Flynn is not facing impeding incarceration.

No matter which way or when the Flynn case resolves in court, both sides will use the case for narrative.

It's going to be tough for the resistance courts to send Flynn to jail under the circumstances. It's tough enough for them to belay dismissing the "lied to the FBI" case. Jailing for withdrawing a guilty plea when the FBI investigation and Special Council conduct have been exposed in Motion to Dismiss won't fly. The people will be all over Congress. We see what is going on, and we see that Congress is indifferent.

115 posted on 08/02/2020 4:07:41 PM PDT by Cboldt
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To: Repeal 16-17

Trump probably will if there is no other way.. but to drop all charges is better for Flynn..and sullivan knows it.


116 posted on 08/02/2020 7:45:31 PM PDT by frnewsjunkie
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To: Cboldt

:-D

Well, thank you for the correction!


117 posted on 08/02/2020 8:06:20 PM PDT by mbj
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To: Cboldt
Having the court on the side of the resistance adds heft to the Trump is bad and Barr is his toady. That narrative exists and will persist no matter what. That narrative doesn't take a Trump pardon.

I agree but also think that narrative would be more persuasive with the CNN/MSDNC crowd if Trump were forced to pardon/commute before the election. Maybe that will not happen, because maybe Flynn will not be sentenced before the election. After the election, they could try to impeach Trump again, but I doubt that would result in a senate conviction.

118 posted on 08/03/2020 12:20:47 AM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
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To: ding_dong_daddy_from_dumas

The Stone pardon happened well after Stone was sentenced, just before he was scheduled to report to the jailer.

If Flynn is charged with criminal contempt, he gets a trial for that. The trial alone would take a month, anyway, maybe half a year.

At any rate, the “Trump pardon” thing, if it’s to happen, is out there a good piece, well past the election.

The way I see it, the judiciary is trying to deny Trump a clear victory before November. When the narrative shifts to Mueller as the bad guy and Flynn as the good guy, that hurts the DEMs. The press is completely derelict, as usual, reporting on the case.


119 posted on 08/03/2020 2:32:17 AM PDT by Cboldt
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To: Cboldt

Yes.


120 posted on 08/03/2020 7:34:06 AM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
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