Free Republic

The dispute over the Department of Justice's move to dismiss criminal charges against former Trump national security adviser Michael Flynn will get a rehearing by the entire District of Columbia Circuit Court of Appeals, the latest twist in the long-running legal drama that stemmed from the FBI's investigation into possible collusion between the Trump campaign and Russia in 2016. The order was issued Thursday by the court. Called an "en banc" hearing, all 11 judges on the appeals court will sit in on a rehash of arguments that were made before a three-judge panel in June, which led to a...

The Department of Justice on Friday provided Michael Flynn’s lawyers with a memo which shows that FBI officials did not believe Flynn lied in his Jan. 24, 2017 White House interview with FBI agents and also determined that he was “not acting as an agent of Russia.” Another document released by the DOJ was a Jan. 4, 2017 FBI memo which recommended closing a counterintelligence investigation into whether Flynn was acting as an agent of Russia. The memo said that investigators did not have evidence that Flynn was working with Russia. Strzok, the then-deputy chief of FBI counterintelligence, intervened at...

U.S. Court of Appeals for the District of Columbia Circuit responded on Friday to a petition for rehearing en banc by halting a prior order for U.S. District Judge Emmet Sullivan to dismiss the Michael Flynn case. *** Upon consideration of the petition for the rehearing en banc, it is, on the court’s own motion, ORDERED that, within 10 days of the date of this order, petitioner file a response to the petition for rehearing en banc. not to exceed 3,900 words. The government is invited to respond in its discretion within the same ten-day period. Any response from the...

U.S. District Judge Emmet Sullivan, through his counsel Beth Wilkinson, has asked for U.S. Court of Appeals for the District of Columbia Circuit to rehear his case against the immediate dismissal of the Michael Flynn prosecution. The Thursday petition for rehearing comes after a three-judge panel on the D.C. Circuit granted Flynn’s petition for writ a mandamus on June 24, directing Sullivan to dismiss the case. “The panel majority granted the extraordinary writ of mandamus to prevent the district court from receiving adversarial briefing and argument on a pending motion. The opinion is couched as a fact-bound ruling based on...

The judge in Michael Flynn’s criminal case asked a federal appeals court Thursday to reconsider its ruling last month ordering him to dismiss the prosecution of the former national security advisor to President Donald Trump. Judge Emmet Sullivan’s lawyer asked for a so-called en banc review of the decision of the appeals court, which would involve all active judges on the court to re-hear the case.

Finally, a semblance of sanity has been restored to the law and Constitution in the misbegotten prosecution of former National Security Adviser Michael Flynn. The U.S. Court of Appeals for the District of Columbia Circuit on Wednesday ordered the controversial lower court judge, Emmet Sullivan, to follow the law by dismissing the false statements case wrongfully brought by the original federal prosecutors who were either incompetent or corrupt — maybe both. As evidence emerged that Gen. Flynn was set up and framed by malevolent actors at the FBI —fired Director James Comey, fired Assistant Director Andrew McCabe and fired counterintelligence...

A Denver judge has restricted cops from using tear gas and rubber bullets on protesters, saying smashed windows and graffiti are a 'fair trade' to prevent demonstrators' bones being broken and their eyesight being lost at the hands of police. US District Court Judge R. Brooke Jackson limited the force cops can use against protesters in a ruling late Friday night, which also included ordering cops to keep their body cameras on at all times. Jackson said the safety of demonstrators and their right to free speech is greater than the need to protect buildings during protests.