What The Hell Does Flynn Know?
Okay, Trump appointed members of the US Appeals Court have ordered federal district court Judge Emmet Sullivan to dismiss the case against Mike Flynn.
It was a surprise ruling and the dissenting judge on a 2 – 1 decision was not taking this stuff with a pleasant smile.
″ This appears to be the first time that we have issued a writ of mandamus to compel a district court to rule in a particular manner on a motion without first giving the lower court a reasonable opportunity to issue its own ruling,” Wilkins wrote.
It also appears to be “the first time any court has held that a district court must grant “leave of court” pursuant to Federal Rule of Criminal Procedure 48(a) without even holding a hearing on the merits of the motion;
Oh yeah, let’s just make up law as we go along. We can call it the Mike Flynn Exception.
I haven’t heard yet if Judge Sullivan is gonna take this without a fight.
From quick reading of my respected legal bloggers:
If he does stay in the, fight Judge Sullivan can request an en- banc hearing – being reheard by the full circuit, not just three judges. Word among practicing attorneys is that other judges & the chief judge think shit like this makes the whole circuit look stupid and skews the legit body of work they generate. Aside from appearing outwardly corrupt.
In a second round, it’s unlikely a majority will take Rao’s view.
I also saw a comment about a rehearing being an option for the chief judge of the circuit to initiate on his own.
Fingers crossed.
1Trump should step in any minute now. He’s been crowing he’s the law & order President for a month now. Let’s see his commitment in action.
2This is so bad and so serious. No government stands without an independent judiciary, and plainly, we do not have one.
3Neomi Rao is a disgrace to the bench, much worse than Alito
4This is so stinking corrupt and in full view. First it was Barr’s Friday night nixonian bullshit move and now this. I hope Rich in Fla is correct. We need non corrupt judicial members to step up and call bullshit on this lawlessness. Not sure what the Trumpf bunch will do to top this, but I’m afraid they’ll find something.
5Sometimes I wish Flynn was a black man running from cops.
6No- not that. He’s like a corrupt white cop and his superiors are also corrupt. They have a “red line” code of conduct and nothing is off limits.
7FedSoc puppets
8This stinks to high heaven.
9I hope Glenn Kirschner’s tweet is viewable:
https://twitter.com/glennkirschner2/status/1275802281338908678?s=20
10Steve from Beaverton @5:
“This is so stinking corrupt and in full view.”
~ ~ ~
Clearly, Trump and Barr believe the fix is in for November. You know they’ve got plans for the Post Office so that mail in voting won’t be possible — no matter what the House might do to try to make it universal.
And, once they’re assured of another four years, it’s goodbye to elections completely. Maybe they’ll throw us a sop and let us elect the governors and mayors —- of their choosing.
11He’s gonna lose. He knowzit. Panic and REVENGE
12are on his screen now, so watch him wreck any thing
he can reach: elections, health care, trade, military…
Now we’ll find out if Dems have a spine.
13With all this anti-male stuff going around,
maybe that’s not gonna happen.
I was very surprised to see this ruling, since Judge Sullivan had not yet issued his own order. The only time I’ve ever seen an appeals court issue a writ of mandamus to a lower court without a lower-court order is when the lower court is refusing to rule at all, which is clearly not the case here. There’s plenty of judges, liberal and conservative, who would have dismissed or abated the appeal as being premature until Sullivan ruled. I would not at all be surprised to see this taken up by the full court en banc, to preserve orderly proceedings in the appellate court.
14Two Crows- believe you’re right that’s their intention, especially with Barr morphing into Giuliani with vote by mail conspiracies. I also believe he’s frantically trying to keep his job because he’s so nuts, he’ll be through when the election is over. I have more confidence they’ll both be waddling out of the White House in January. Dems definitely need to step up to make that happen. Maybe the polls this time are showing more Republicans finally are seeing just how dangerous Trumpf is to everyone including them. Those that don’t see it are repugnanticans.
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