Appeals Court Rejects Flynn Bid To Force Judge To End Criminal Case, No Questions Asked
Source: Talking Points Memo
Michael Flynn cannot force a federal judge to agree to drop criminal charges against the former national security adviser, a full panel of the D.C. appeals court ruled on Monday.
The ruling means that U.S. District Judge Emmett Sullivan for the District of Columbia can proceed in examining why the Justice Department took the unprecedented step of dropping its criminal case against Flynn, after Flynn had both pleaded guilty and then withdrawn his plea.
The order is a reversal of the intervention a three-judge appellate panel made in the case earlier this summer, when it commanded Sullivan to immediately dismiss that case. The full appeals court had already blocked that order, in an early indication that it was skeptical of the move to intervene in the district court proceedings at this time.
The fallout from the Justice Departments May decision to walk away from Flynns prosecution has been extraordinary and unprecedented.
Read more: https://talkingpointsmemo.com/muckraker/appeals-court-rejects-flynn-bid-to-force-judge-to-end-criminal-case-no-questions-asked
Link to tweet
SheltieLover
(57,073 posts)fleur-de-lisa
(14,624 posts)Wellstone ruled
(34,661 posts)squeezing the Orange A-Hole to react,oh my,me thinks the Orange Putzinhimmer will have Billy the Barge draft a get out of jail free document before weeks end.
unblock
(52,116 posts)well, the process is important, of course. but yeah, donnie will pardon him and that will be that.
but it puts the ugly action on the the ugly person. it's right that donnie should be the one who does the unforgiveable.
bit of a side note, but this is where i think the supreme court went wrong in bush v. gore. they should have ducked the issue. republicans had complete control of state government at the time, and they would have certified it for shrub, or the legislature would have intervened, or whatever.
even if they ended up not sending any electors to the electoral college due to the dispute, republicans controlled the majority of house delegations in congress, so even then, shrub would have become president.
the difference is, political institutions would have made a blatantly political decision, instead of the supreme court. the did unnecessary damage to their own reputation, even given their obvious goal of handing republicans a win.
Wellstone ruled
(34,661 posts)a commutation of Sentence,followed by a Pardon on November 4 th. Same for Stone.
Miguelito Loveless
(4,454 posts)is they cannot then use the Fifth when they get called to testify against Trump.
Wellstone ruled
(34,661 posts)By then,NY will have Trump tied up six ways till Sunday.
FBaggins
(26,721 posts)Far more likely that Sullivan holds the hearing and grants the motion. That became pretty clear during the en-banc hearing.
There might be some language in the dismissal that highlights the DOJ's odd behavior... but there doesn't appear to be much room to actually deny the motion and force a pardon.
unblock
(52,116 posts)Wellstone ruled
(34,661 posts)is headed for Leavenworth late 2021.
FBaggins
(26,721 posts)Perhaps there's something new?
Wellstone ruled
(34,661 posts)Despite what many think,this Case as well as others will be a happening. Our Dems control the House where all legislation begins and if we do capture the Senate,we will see legislation that will put a end to Abusive Political Actions.
We are a juncture in our Country were the majority of citizens are truly feed up with what has happened and want a stop put to it.
The Rank and file want their Courts back. And Flynn is a poster Boy of how the system is used and abused by the Right Wing Elites .
FBaggins
(26,721 posts)What in there means that he'll be in Leavenworth by the end of next year? Because the case "will be a happening" (whatever that means)?
Gothmog
(144,919 posts)Link to tweet
This story is breaking and will be updated
Go Judge Sullivan! He's one of the good guys.
still_one
(92,061 posts)critical
That alone should be enough reason to vote Democratic
Gothmog
(144,919 posts)Tacan
(97 posts)sheshe2
(83,654 posts)DarthDem
(5,255 posts)Heh. Quite the stinging rebuke of the two Republican appointees who wrote the majority three-judge panel opinion, and who failed to convince even one of their colleagues to uphold their ruling. Justice is served.
underpants
(182,603 posts)iluvtennis
(19,833 posts)bucolic_frolic
(43,044 posts)Rule of law!
Gothmog
(144,919 posts)AllaN01Bear
(17,987 posts)Gothmog
(144,919 posts)djacq
(1,633 posts)That's right, lock his a_s up.
Thekaspervote
(32,705 posts)George II
(67,782 posts)....any final decision, hopefully until after January 20, so there will be no pardon.
Doug.Goodall
(1,241 posts)This guy should have been locked up a year ago.
Princess Turandot
(4,787 posts)Nice rebuke of the 2 judges on the original appeals court panel who found for Flynn.
"Today we reach the unexceptional yet important conclusion that a court of appeals should stay its hand and allow the district court to finish its work rather than hear a challenge to a decision not yet made."
Link to tweet
Ann Marimow is a legal reporter for WaPo.
Griffith announced his retirement early this year, thus the 'last day on the bench' reference. He was a 2005 appointee of Bush 43 in 2005. (Both Obama and Biden voted to confirm him at the time.)
Jim__
(14,063 posts)Lock him up!
greenjar_01
(6,477 posts)The wheels of justice move so slowly, you know?
FBaggins
(26,721 posts)The ruling ends with "As the underlying criminal case resumes in the District Court, we trust and expect the District Court to proceed with appropriate dispatch." (emphasis mine)
"Appropriate dispatch" is usually code for "don't dilly dally" and lower courts take it seriously. Plus... Sullivan's attorney argued that there wasn't any reason to believe it would take much time at all (claiming that it would probably have been over by mid-July if Flynn hadn't gone the mandamus route in the first place) and that there probably wouldn't be many (if any) questions.
greenjar_01
(6,477 posts)Thanks, buddy.
dem in texas
(2,673 posts)Flynn was a General dealing in top secret matters for our country. Yet he had no loyalty to our country and sold secrets to a foreign government. Then he had the nerve to get up on the stage at the 2016 Repup convention and lead the chant "Lock Her Up, Lock Her Up" against Hillary.
Flynn is a Law-Breaker, a Hypocrite and a Traitor. I say "Lock Him Up, Lock Him Up"!