Michael Flynn's lawyers try an end run around federal judge

[mahatmakanejeeves]

Source: Politico

LEGAL

Michael Flynn's lawyers try an end run around federal judge
Flynn’s lawyers also accused a U.S. District Court judge of bias and asked that the case be reassigned for any future proceedings.

By JOSH GERSTEIN

05/19/2020 03:21 PM EDT

Lawyers for former Trump national security adviser Michael Flynn are mounting an unusual and aggressive bid to get a federal appeals court to shut down his prosecution despite efforts by the federal judge assigned the case to solicit outside advice on whether it should proceed.

Flynn’s lawyers filed a petition Tuesday with the D.C. Circuit Court of Appeals asking it to grant the Justice Department’s motion to abandon the case.

Flynn’s lawyers also accused U.S. District Court Judge Emmet Sullivan of bias and asked that the case be reassigned for any future proceedings, which could include a possible contempt of court charge against Flynn for repeatedly affirming that he lied to the FBI in 2017—something he now insists did not happen.

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Read more: https://www.politico.com/news/2020/05/19/michael-flynn-lawyers-federal-judge-268280

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ImperiledPotatoesHat Retweeted

https://twitter.com/Popehat

NEW: Michael Flynn's defense is trying a 'Hail Mary' legal maneuver to shut down the criminal case against him. The unorthodox appeals court petition calls Flynn a victim of a 'Kafkaesque nightmare' being gratuitously prolonged by biased trial-court judge

Link to tweet

[turbinetree]

1. There is now proof that he is a traitor............and Sullivan saw it................

lock his ass up and throw the the fucking key away..............

[ArizonaLib]

8. That should be the chant instead of 'lock her up'

"lock his ass up and throw the fucking key away"

[turbinetree]

9. I'm all in in fact there should be bill board truck and billboards across the country

and even holograms on buildings.............

[ArizonaLib]

10. Someone should sky write ahead of the fly overs

That way everyone can have something to enjoy during the fly overs

[turbinetree]

11. Yepper spot on....................

[Chicago1980]

2. Time for the judge to go nuclear...

He's the same judge who has the Mueller Report.

Time to release that baby un-redacted.

[Jim__]

3. The DC Circuit Court has 2 Trump judges on it - and, yes, I consider judges appointed by Trump ...

... to be ringers.

DC Circuit Court judges - per wikipedia: here

[wishstar]

4. Don't see how they can appeal when Judge Sullivan hasn't issued a ruling yet

seems that Flynn's lawyers are jumping the gun in their rush to exonerate him during this election year.

[csziggy]

12. They want to stop the firend of the court from giving an opinion

I don't remember the latin phrase, but Sullivan appointed a retired judge as friend of the court to investigate and give a report as to whether Flynn committed perjury when we swore to the court that he had lied to the FBI, then changed his mind and swore that he hadn't.

[Nitram]

5. It's the GOP way. If you don't get the judge you want, shop for another.

[Faux pas]

6. He

(flynn) should have been put in front of a firing squad a long time ago. Hell, all of them should have.

[iluvtennis]

7. Shaking my damn head...no words for what this corrupt administration tries to do day after day.

[Gothmog]

13. Michael Flynn seeks order forcing judge to dismiss his case

Link to tweet

Former Trump national security adviser Michael Flynn asked a federal appeals court late Tuesday for an order directing the judge handling his case to dismiss it, another surprise twist in his legal saga.

Flynn's lawyers asked the Court of Appeals for the District of Columbia to order Federal District Court Judge Emmet Sullivan to grant the Justice Department's motion, filed earlier this month, to dismiss the case. Instead of simply doing as the government asked, Sullivan appointed a retired federal judge to examine the government's justification for dropping the case and to look at whether Flynn should separately be found in contempt of court for his earlier guilty plea, which he has since asked to withdraw.

Once the government seeks to abandon a prosecution, his lawyers argued in their appeals court filing, the judge has virtually no choice but to accept that decision and "has no authority to adopt the role of the prosecutor." Sullivan's efforts to appoint the judge as a friend of court shows "a disturbing lack of appreciation of the court's limited role."

[maxrandb]

14. Strenuously Object?

https://m.