Michael Flynn case to be reheard by full federal appeals court in D.C.

[brooklynite]

Source: Washington Post

A federal appeals court in Washington will take a second look a judge’s effort to scrutinize the Justice Department’s decision to drop its case against President Trump’s former national security adviser Michael Flynn.

The full U.S. Court of Appeals for the D.C. Circuit agreed Thursday to revisit U.S. District Judge Emmet G. Sullivan’s plan to examine the politically charged matter, reviving the unusual case testing the limits of the judiciary’s power to check the executive branch.

The court’s brief order set oral argument for August 11.

Sullivan requested a rehearing by a full complement of judges after a divided three-judge panel ordered him to immediately dismiss the case and said Sullivan was wrong to appoint a retired federal judge to argue against the government’s move to undo Flynn’s guilty plea.

Read more: https://www.washingtonpost.com/local/legal-issues/michael-flynn-case-to-be-reheard-by-full-federal-appeals-court-in-dc/2020/07/30/003f9720-d033-11ea-8d32-1ebf4e9d8e0d_story.html

[still_one]

1. GOOD. This will piss off barr and trump

[The Velveteen Ocelot]

2. Good.

[SheltieLover]

3. 👏👏👏👏👏👏👏👏👏👏👏

Throw his nasty, traiterous ass in prison FOR LIFE.

[Leghorn21]

4. Yes

yes

YES

[underpants]

5. Flynn gets ANOTHER day in court

You beat me to this. I let out a laugh when this popped up on my news feed.

[machoneman]

6. Great news! This could cause the court to re-litigate why the DOJ dropped the charges. No matter...

..what, the dragging out of this case, even if decided in Flynn's favor, make it a lightning rod for Democrats, Independents and thos happy, mirthful "Suburban Housewives" to mull over before the election. Hope no decision is made before, say, October 3! 30 days left to pummel Trumpypants!

[Zambero]

7. A good thing, however...

A case that has been concluded following guilty pleas from the defendant shouldn't have to repeat itself. Court dockets have legitimate cases that are waiting to be heard. At the end of the day, a waste of limited resources after justice was properly served the first time.

[OhNo-Really]

8. Who do you blame for wasting court time?

[Igel]

9. The case being heard was decided for Flynn.

Sullivan appealed the decision.

It's not Flynn's case before Sullivan that's being reheard. Just whether the decision by DOJ to move to dismiss is to be followed and if Sullivan can appoint a special prosecutor (more or less) to investigate the DOJ's decision prior to his ruling. Flynn's and the DOJ's witnesses won't be recalled, no additional jury empaneled.



Note that there's a right to ask a district court to set aside or vacate a verdict even after sentencing and incarceration, and more than once that's been requested by the DOJ. If the defendant lies about "material" fact that can be prosecuted for perjury, but more than one person's been sentenced and served years based on a false guilty plea. "Why innocent people plead guilty" was a thing for a while in the early 2010s, with a spate of posts here reflecting articles in the MSM.

[SunSeeker]

10. Hallelujah. nt

[cstanleytech]

11. Ya I think the court should deny the governments request to dismiss the case in the interest

of justice.
To do otherwise will taint the entire judicial system.

[DanieRains]

12. Prison Is For Democrats

Not the Trump Crime Family.

[Leith]

13. Very interesting

Wouldn't it be great if Judge Merrick Garland was the chief judge on this case?

[Ford_Prefect]

14. I smell toast...

[gab13by13]

15. As Joe Biden would say,

this is a BFD. Frank Figlusi was on cable news and said that Barr could be subpoenaed to explain why the case was to be dropped.
One judge from the US Court of Appeals has already recused himself because of a conflict of interest with Barr. Figlusi seemed to think this is a big deal, higher up than Flynn.

[ck4829]

16. Kick

[ck4829]

17. Kick

[mpcamb]

18. Talk about beating a dead horse; Flynn is guilty, Guilty GUILTY.

He PLEAD guilty twice in court!