Be ready for anything.
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 ...
Be ready for anything.
Now you know why the Comey,Stroke, Brennen,whoever gang is not being charged. You’d never get a conviction in that corrupt district.
After this perverse dance by the appellate court is done and all recourse of justice has been exhausted, Trump will Have to pardon him.
the blackrobes have JOINED KNOWINGLY the seditionists.
given they were supposed to be IMPARTIAL,
but are not,
given they took an Oath,
WHICH THEY IGNORE,
they should suffer the same fate as the seditionsists:
a military Trial.
If Flynn is willing Trump should just pardon him at this point and end the travesty.
Let it play out until it’s on the edge. Allow the tax paying public to see exactly how the system “works”.
Then pardon General Flynn.
It is better to let this play out and expose how corrupt the judge is.
If Flynn gets a pardon then the media will switch the narrative to President Trump bailing out another of his corrupt criminal cronies.
They did that with Stone and it didn’t seem to hurt him.
Sticking with Fauci is hurting him more than any pardon could IMO.
America’s robed mullahs are much more nuanced than their ME KLANSMEN.
Need to clean house and prosecute these deep staters and certain democrats once President Trump is re-elected else this crap is going to go on forever.
Check$ & Balance$ ??? Nope. Divide & Govern in the hands of CRIMINALS.
“After this perverse dance by the appellate court is done and all recourse of justice has been exhausted, Trump will Have to pardon him.”
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Pardon him for what? Flynn has not done anything wrong or been convicted of anything illegal.
For these LEFTIST judges he is GUILTY OF PATRIOTISM!
the Justice Department found that special counsel Robert Mueller's prosecutors had failed to turn over exculpatory evidence to Mr. FlynnIt found more than that. It found there was no crime. The facts did not support the charge. This isn't a mere procedural foul, a mere Brady violation. This is an assertion that even if the made up facts, even if the frameup was true, there is no crime.
Sullivan failed to find a necessary element of the crime. It's his fault as much as it is the corrupt Special Council.
Prosecutor's Motion to Dismiss - May 7, 2020
the Government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI's counterintelligence investigation into Mr. Flynn--a no longer justifiably predicated investigation that the FBI had, in the Bureau's own words, prepared to close because it had yielded an "absence of any derogatory information." Ex. 1 at 4, FBI FD-1057 "Closing Communication" Jan. 4, 2017 (emphases added). The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn's statements were material even if untrue.
That excerpt is on the first page of the Motion to Dismiss. The FBI had no justification to interview Flynn. There was no underlying investigation, so no matter WHAT Flynn said, it could not affect an underlying investigation.
That is a much more fundamental problem than failing to turn over information that may support an exculpatory argument, such as bias. Even a biased witness can speak the truth.
The government should be prosecuting Strzok and Mueller for civil rights violations.
I think Flynn would rather not. At least not before the election.
He can't.
This gets a bit in "rule of law" stuff, but hey, public ignorance of law is used to great advantage by the liars who overstep.
The US Constitution grants POTUS the power to pardon offenses against the United States. That's what is says.
The offense against the US that Flynn was charged with, lying to the FBI, is off the table. It has been withdrawn. He can;t be sentenced for that, there is nothing in that charge, to pardon.
The crooked trial judge is contemplating hitting Flynn with contempt. This is not an offense against the US. POTUS cannot pardon a contempt, any more than he can pardon an impeachment (which is a power of Congress).
I suppose the pardon talk is an okay way to bring public pressure, and it certainly stirs lots of debate about the merits and pitfalls of a pardon. But a pardon isn't going to happen, so whatever investment people may have in a quick pardon, is not a good investment.
Flynn will be fine. He is no longer charged with an offense against the US, and Sullivan won't hit him with contempt.
Meanwhile we get to see that the DC Circuit is a court of politics, not a court of law. And too, Sullivan's court. The judges bring dishonor on the courts, and it is fair that the people view the courts as "bad."
People should not tolerate bad institutions, but we do.
“ Pardon him for what? Flynn has not done anything wrong or been convicted of anything illegal.
For these LEFTIST judges he is GUILTY OF PATRIOTISM!”
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Agree. But, if all his appeals are exhausted and he remains indicted what recourse is left? Would you rather Flynn go to prison for a crime he didn’t commit or be pardoned? I’m guessing Flynn will take the pardon especially if Trump loses the election, it will happen before Trump leaves office in January.
Thanks for the explanation. Hope you’re right.
Flynn is a political prisoner. They are desperate to silence him. If the Democrats/communists win, they will stage show trials and anyone who gets in the way will become a political prisoner.
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.
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