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| Summary of 8-11 Hearing on the Flynn Case |
| 2020-08-12 |
| [Federalist] For nearly four hours Tuesday morning, the full D.C. Circuit Court of Appeals drilled attorneys for Michael Flynn, the Department of Justice, and Judge Emmet Sullivan on a wide range of issues, from the scope of Federal Rules of Criminal Procedures 48(a), which provides that "the government may, with leave of court, dismiss an indictment, information, or complaint," to the constitutional doctrine of separation of powers, the propriety of mandamus, and the need for Sullivan to recuse from the Flynn case Seems the Circuit Court wants to prevent Sullivan from further obvious judicial abuse and looks for a quiet and subtle way to get this done without acknowledging the abuse. Related: D.C. Circuit Court of Appeals: 2020-06-24 Appeals court orders judge to dismiss Flynn charges D.C. Circuit Court of Appeals: 2020-05-20 Flynn attorney files emergency appeal to shut down Judge Sullivan's orders, boot him from case D.C. Circuit Court of Appeals: 2020-03-07 House asks full appeals court to rehear McGahn case |
| Posted by:lord garth |
| #6 They will have it both ways - strike down the mandamus order by saying there are "other remedies still available" to Flynn and the court, but also force the case from Sullivan because he has made himself a party to the case thereby disqualifying him from being the judge. the case gets assigned to a different judge, the DOJ applies for dismissal, and the whole thing goes away quietly. |
| Posted by: Marilyn Tojo7566 2020-08-12 19:01 |
| #5 It seemed that the Appeals Court's main concern was whether or not the proper process was followed by Flynn's team. They did not like dealing with a mandamus claim regarding one of their own. The judicial jury was stacked in favor of Obama and Clinton appointees. IMO the Bushes’ appointees were probably not too thrilled either with having to deal with the proceeding. As far as lying goes, if you love your family, it is likely that you might admit to lying to the FBI—particularly if there were an implied threat to send the son to prison. However, there is a question of whether lying even happened. Jensen’s probe uncovered substantial exculpatory evidence withheld from Flynn and his attorneys that established that the FBI agents did not believe Flynn had lied during the interview. Out here in the peanut gallery and cheap seats, it appears that little concern was given to a flawed and illegal counter-intelligence probe led by Peter Strozk. The Mueller investigation was largely based on made-up information provided by Trump’s political opponent—this appears to have been known a priori. The FISA problems were document by Horowitz. There has been discussion in some of the media about the disappearance of the “original” FD-302 form required by the FBI when they perform an interview. Some of this is discussed: Here and here. It seems to matter little that it is O.K. to commit felonies to go after fabricated felonies (or process crimes). It seems to me that something is terribly wrong with our established legal and judicial systems where this has been allowed to occur. There has been a corruption and weaponization of these systems largely under previous administrations. |
| Posted by: JohnQC 2020-08-12 09:16 |
| #4 The circuit court is buying time before the elections. |
| Posted by: g(r)omgoru 2020-08-12 04:41 |
| #3 Seems the Circuit Court wants to prevent Sullivan from further obvious judicial abuse and looks for a quiet and subtle way to get this done without acknowledging the abuse. It's either that or have to go through his case history and retry everything. |
| Posted by: gorb 2020-08-12 01:49 |
| #2 Imagine the drawing of straws for which jurist had to take Emmet aside and say "Uh, you're making us all look bad..." |
| Posted by: M. Murcek 2020-08-12 00:51 |
| #1 Our junior high shop teacher used to give us a dope slap if we were doing something stupid. It was a quiet and subtle way of saying "Don't be a dumbass!" |
| Posted by: SteveS 2020-08-12 00:22 |