The Briefing Room
General Category => National/Breaking News => Topic started by: mystery-ak on June 24, 2020, 02:27:12 pm
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Appeals court orders judge to dismiss Flynn charges
By Harper Neidig - 06/24/20 10:11 AM EDT
A federal appeals court on Wednesday ordered a judge to grant the Department of Justice's (DOJ) unusual move to drop charges against former national security adviser Michael Flynn.
A three-judge panel on the D.C. Circuit Court of Appeals approved Flynn's petition to intervene in the case after a district court judge had tapped an outside counsel to argue against the DOJ's move.
– Developing
https://thehill.com/regulation/court-battles/504273-appeals-court-orders-judge-to-dismiss-flynn-charges
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So after they bankrupted and totally destroyed a man who served his country well for 33-years, then it’s oops, never mind.
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The panel ruled 2-1, with two Republican-appointed judges carrying the majority, that U.S. District Court Judge Emmet Sullivan overstepped his authority in second-guessing the prosecutors' decision.
What putzes they are at The Hill. Party affiliation matters every time they lose one.
It was clear to EVERYONE Sullivan had overstepped his authority. Except the rat on this appeals court. The Hill could've just as easily mentioned that.
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So after they bankrupted and totally destroyed a man who served his country well for 33-years, then it’s oops, never mind.
Yep! That's exactly the way it works now in this once great republic.
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So after they bankrupted and totally destroyed a man who served his country well for 33-years, then it’s oops, never mind.
I hope Flynn turns around and sues and gets compensated in such a manner that he and his family will be well taken care of.
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I hope Flynn turns around and sues and gets compensated in such a manner that he and his family will be well taken care of.
And I will happily join you in that.
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Appeals court orders judge to dismiss Flynn charges
By Harper Neidig - 06/24/20 10:11 AM EDT
A federal appeals court on Wednesday ordered a judge to grant the Department of Justice's (DOJ) unusual move to drop charges against former national security adviser Michael Flynn.
A three-judge panel on the D.C. Circuit Court of Appeals approved Flynn's petition to intervene in the case after a district court judge had tapped an outside counsel to argue against the DOJ's move.
The panel ruled 2-1, with two Republican-appointed judges carrying the majority, that U.S. District Court Judge Emmet Sullivan overstepped his authority in second-guessing the prosecutors' decision.
More: https://thehill.com/regulation/court-battles/504273-appeals-court-orders-judge-to-dismiss-flynn-charges
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"The decision on Wednesday can be appealed by Sullivan. Or another judge on the D.C. Circuit can call for a vote on whether the case should be reheard, in which case the decision will be vacated and a wider panel of judges will preside over it."..with beer.
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This is from "The Hill," which is biased as all get-out, but the fact remains 2 of the 3 Judges held that Sidney Powell made the compelling argument. I expect Sullivan to appeal to the full Circuit Court.
This decision is one Trump, one O'Bastard and one GHW Bush appointee.
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"The decision on Wednesday can be appealed by Sullivan. Or another judge on the D.C. Circuit can call for a vote on whether the case should be reheard, in which case the decision will be vacated and a wider panel of judges will preside over it."..with beer.
I'd bet a C-note that Sullivan will appeal, the full court will take it, and the end decision will fall on Party lines. I'd have to look up the roster to see what the make-up of the court is. Meanwhile, Sullivan will proceed as if the Circuit Court did not hand down this decision.
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I guess the last 9-12 months' trickle of documents not supplied to Flynn's lawyers, contrary to an order issued some 2 1/3 years ago - documents that are exculpatory - proved compelling. Considered together those documents proved at least two things:
* Large-scale prosecutorial misconduct, concealing exculpatory evidence;
* A ~3 1/2 year conspiracy to entrap and railroad Flynn, a conspiracy that included members of the Mueller Team.
As an aside, Flynn's original lawyers should be abjectly ashamed ... or maybe investigated for possible collusion in the conspiracy against Flynn,
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As I posted in the Current Events forum thread about this:
I guess the last 9-12 months' trickle of documents not supplied to Flynn's lawyers, contrary to an order issued some 2 1/3 years ago - documents that are exculpatory - proved compelling. Considered together those documents proved at least two things:
* Large-scale prosecutorial misconduct, concealing exculpatory evidence;
* A ~3 1/2 year conspiracy to entrap and railroad Flynn, a conspiracy that included members of the Mueller Team.
As an aside, Flynn's original lawyers should be abjectly ashamed ... or maybe investigated for possible collusion in the conspiracy against Flynn.
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As I posted in the Current Events forum thread about this:
I guess the last 9-12 months' trickle of documents not supplied to Flynn's lawyers, contrary to an order issued some 2 1/3 years ago - documents that are exculpatory - proved compelling. Considered together those documents proved at least two things:
* Large-scale prosecutorial misconduct, concealing exculpatory evidence;
* A ~3 1/2 year conspiracy to entrap and railroad Flynn, a conspiracy that included members of the Mueller Team.
As an aside, Flynn's original lawyers should be abjectly ashamed ... or maybe investigated for possible collusion in the conspiracy against Flynn.
Plus they reveal just how high up the plot to destroy Trump went, when Biden (you know, the Biden half of the Obama/Biden administration) asked in a meeting if the they should use the Logan Act against Flynn for talking to Kislyak.
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Topics merged.
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OK, here is the make up of the DC Circuit:
Carter Judges: 1
Reagan Judges: 5
GHWB Judges: 2
Clinton Judges: 3
GWB Judges: 1
O'Bastard Judges: 4
Trump Judges: 3
Total Judges = 19; 8 reliable Leftists, 11 appointed by GOP Presidents, but we all know how floppy they can be.
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https://www.powerlineblog.com/archives/2020/06/judge-sullivan-ordered-to-dismiss-flynn-case.php (https://www.powerlineblog.com/archives/2020/06/judge-sullivan-ordered-to-dismiss-flynn-case.php)
JUDGE SULLIVAN ORDERED TO DISMISS FLYNN CASE
Judge Rao’s opinion for the panel responds in detail to Judge Wilkins’s dissent. I think Judge Rao seeks to dissuade the D.C. Circuit from finding a way to rehear the case en banc under Rule 35 of the Federal Rules of Appellate Procedure.
The 38 page court ruling is embedded. Senator Chuckles has in the past been POed at Judge Rao, and this is likely to feed his ire. Poor baby ...... I wonder why Senator Chuckles doesn't like POCs being judges ... wink777
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Yep! That's exactly the way it works now in this once great republic.
Time fro a law suit. I have no idea who he should sue, but I bet his attorney can come up with some names.
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https://www.powerlineblog.com/archives/2020/06/judge-sullivan-ordered-to-dismiss-flynn-case.php (https://www.powerlineblog.com/archives/2020/06/judge-sullivan-ordered-to-dismiss-flynn-case.php)
JUDGE SULLIVAN ORDERED TO DISMISS FLYNN CASE
The 38 page court ruling is embedded. Senator Chuckles has in the past been POed at Judge Rao, and this is likely to feed his ire. Poor baby ...... I wonder why Senator Chuckles doesn't like POCs being judges ... wink777
The Decision by the Circuit Court declined Flynn's motion to reassign the case to another Judge. He's still stuck with an obviously shitty Judge Sullivan.
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The Decision by the Circuit Court declined Flynn's motion to reassign the case to another Judge. He's still stuck with an obviously shitty Judge Sullivan.
One, the other, or both of two things are likely to happen:
* Sullivan appeals the decision to the full Appeals Court;
* Sullivan refuses to obey the court order and tries to continue his Process is Punishment torment of Flynn.
Sullivan is in his 70s, so he really doesn't have much to lose in a game of appeals court chicken.
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One, the other, or both of two things are likely to happen:
* Sullivan appeals the decision to the full Appeals Court;
* Sullivan refuses to obey the court order and tries to continue his Process is Punishment torment of Flynn.
Sullivan is in his 70s, so he really doesn't have much to lose in a game of appeals court chicken.
Well, he could decline to appeal and just obey the order, but how likely do you think that is?
What happens if he just ignores the order, or loses the certain appeal? I guess there would be another Writ of Mandamus from Powell, requesting a outright Dismissal of the charges. In a sane world, at that point the House would introduce Impeachment proceedings, pass Articles and the Senate would Convict.
Alcee Hastings his ass.