Free Republic

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.

Any thoughts on how long Judge Sullivan is going to keep General Flynn in limbo. Will it go to the full Appeals Court? or will he not make a decision until after the election?

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...

In the latest twist, the Justice Department disclosed to a federal court Tuesday it has located a new page of notes from Peter Strzok, the former lead FBI agent in the Russia collusion investigation, that are exculpatory to former national security adviser Michael Flynn. Acting U.S. Attorney Michael Sherwin informed U.S. District Judge Emmet Sullivan of the discovery in a midday court filing, revealing the single page of notes were believed to have been taken by Strzok during the critical juncture of early January 2017 when FBI agents recommended shutting down their investigation of Flynn only to be overruled by...

Michael Flynn’s lawyers accused a federal judge Wednesday of shedding “any appearance of neutrality” in the criminal case against President Donald Trump’s former national security advisor. That claim was made in response to the judge’s appointment of an attorney to oppose the Department of Justice’s request to dismiss the case. Flynn’s lawyers also said that the judge’s appointee, John Gleeson, “engaged in a flagrant personal and partisan assault” when he argued that the Justice Department committed a “gross abuse of prosecutorial power” in seeking to drop the case. The “sheer duplicity” of Gleeson’s “scurrilous arguments” against the DOJ “is stunning,”...