Appeals Court Rejects Flynn Bid To Force Judge To End Criminal Case, No Questions Asked

Michael Flynn cannot immediately force a federal judge to agree to drop criminal charges against the former national security adviser, a full panel of the U.S. Court of Appeals for the D.C. Circuit court ruled on Monday.

The ruling means that U.S. District Judge Emmet 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 pleaded guilty and then sought to withdraw his plea.

Appeals Court Rejects Flynn Bid To Force Judge To End Criminal Case, No Questions Asked




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Of course this isn't over yet, as Flynn's legal team could still petition the Supreme Court on this, which would be futile in my opinion. It would buy time.

If Flynn's team dislikes Judge Sullivan's handling of the next phase, his findings and ruling, they can go right back and appeal to the Circuit Court all over again.

I predict President Trump will pardon Flynn. Whether or not he does so before or after the election is anyone's guess. Trump may want to pardon Flynn before Judge Sullivan holds a hearing into why the DOJ dropped its charges against Flynn. The prosecutors that quit over the controversial call to drop the charges will be called to testify as to why they quit and what kind of pressure, and from whom, was exerted on them to drop the charges.

Here comes the Supreme court........and Flynn will win.....

a reply to: Sookiechacha

a reply to: DeathSlayer

On what grounds?

The full Circuit Court ruled that the appeal was premature, since Judge Sullivan hadn't yet ruled on the DOJ's request.

“Petitioner has not cited any case in which our Court, or any court, issued the writ to compel a district court to decide an undecided motion in a particular way—i.e., when the district court might yet decide the motion in that way on its own,” the opinion said. The majority noted that its decision Monday did not foreclose Flynn from seeking another appeals court intervention — known as a “writ of mandamus” — later on in the proceedings.

I don't think SCOTUS would even hear the case. But, it would buy time until after the election, so the truth about the DOJ's coercion wouldn't come to forefront before the election.

a reply to: Sookiechacha

If you took the time to educate yourself on the Flynn case you would find that he was flat-out framed.

Comey even admitted it.

But you will be quite happy if the Clinton-appointed political hack Judge Emmet Sullivan further perverts justice because Friend Of Orange Man Bad too.

By Any Means Necessary, right?

Here is my shocked face.

a reply to: Lumenari

If you took the time to educate yourself on the Flynn case you would find that he was flat-out framed.

Said perps everywhere!

If true, the DOJ can easily testify, and present evidence to that fact during Judge Sullivan's hearing.

BREAKING: DC Circuit Court Denies Mandamus in General Flynn Case – Sends Case Back to Judge Sullivan

Techno Fog @Techno_Fog Flynn update - here is the order denying the mandamus. The case goes back to Judge Sullivan. The opinion ends with these words: "we expect the District Court to proceed with appropriate dispatch." 🤔

www.thegatewaypundit.com...

a reply to: Sookiechacha

This isnt correct your being misled by someone. What happened was the appeals court said they cant rule on it yet because the judge has not made the decision to accept or deny DOJ recommendations. Here's the kicker the judge has no choice really if DOJ refuses to prosecute they are not even required to explain to the judge why. He could try to force the DOJ to prosecute but if they do not show he will be required by law to dismiss the charges. This is the main reason he doesn't want to make a ruling and was hoping other judges would back him up he knows if DOJ really refuses there's not much he can do.

a reply to: dragonridr

That's what Flynn's lawyer argued before the court. They lost.

originally posted by: DeathSlayer
Here comes the Supreme court........and Flynn will win.....

a reply to: Sookiechacha

DOJ says they have evidence for Flynn dismissal that no judge will be able to refute. Prosecutor Durham is using it right now. When he's finished with it, Michael Flynn is 100% exonerated and free.

Yeah, sure, why not keep that gag order on a bit longer. Looks like a lot of people are still scrambling for position.

It makes little difference, at the end of the day, Flynn will walk.

They probably won't go to the Supreme Court, but will petition another appeals court most likely.

Also,

The appeals court, meanwhile, indicated to Sullivan that he should not drag matters out any more than he had to.
“As the underlying criminal case resumes, in the District Court, we trust and expect the District Court to proceed with appropriate dispatch,” the D.C. Circuit said.

In otherwords, DO YOUR JOB AND KEEP POLITICS OUT.

This is reinforced by one of the judges who think of those interpreting this is a PARTISAN WIN,

Judge Griffith took aim at those who would interpret the decision as a victory for President Trump’s political opponents.

“The party affiliation of the President who appoints a judge becomes an explanation for the judge’s real reason for the disposition, and the legal reasoning employed is seen as a cover for the exercise of raw political power,” the judge wrote. “No doubt there will be some who will describe the court’s decision today in such terms, but they would be mistaken.”

Even Sullivans lawyers admit to the fact that he most likely would have dismissed the case.

All in all, in their attempts at trying to fast track flynn out the door, they made a few admin errors, the appeals court pretty much said, go back to square one.

Trump needs to let the wheels of Justice turn on this one. Flynn was framed, that is clear from the documents released. And if he pardon's him, the left will just use that as leverage. Flynn will walk away from this and likely have a good lawsuit on his hands for some nice retire on your own island money.

I just hope Judge Sullivan is exposed fully for his part in this.

So we get full public in court disclose of the attempted coup?
Most excellent!

originally posted by: Lumenari
a reply to: Sookiechacha

If you took the time to educate yourself on the Flynn case you would find that he was flat-out framed.

Comey even admitted it.

But you will be quite happy if the Clinton-appointed political hack Judge Emmet Sullivan further perverts justice because Friend Of Orange Man Bad too.

By Any Means Necessary, right?

Here is my shocked face.

That "By any means necessary" thing, that you guys keep repeating.

Do you know if any prominent Democratic party member ever actually said that?

I have several times requested that someone provide a source for that "quote" and no-one has ever responded.

Perhaps it is actually a Malcom-X quote that was used extensively in those 2015-2016 'Russian troll' memes? You know, the memes that didn't influence the election, you or anyone else?

originally posted by: Sookiechacha
a reply to: DeathSlayer

On what grounds?

The full Circuit Court ruled that the appeal was premature, since Judge Sullivan hadn't yet ruled on the DOJ's request.

“Petitioner has not cited any case in which our Court, or any court, issued the writ to compel a district court to decide an undecided motion in a particular way—i.e., when the district court might yet decide the motion in that way on its own,” the opinion said. The majority noted that its decision Monday did not foreclose Flynn from seeking another appeals court intervention — known as a “writ of mandamus” — later on in the proceedings.

I don't think SCOTUS would even hear the case. But, it would buy time until after the election, so the truth about the DOJ's coercion wouldn't come to forefront before the election.

On the grounds that there is no prosecutor to press charges...The DOJ has DROPPED the charges.

Damn girl, get a grip. They are trying to drag this out so that Flynn keeps his mouth shut before this election.

There are NO CHARGES so wtf do you suppose this is all about?

a reply to: toolgal462

On the grounds that there is no prosecutor to press charges...The DOJ has DROPPED the charges.
Damn girl, get a grip.

Tell the U.S. Court of Appeals for the D.C. Circuit court that, and then tell the justices to "get a grip".

They are trying to drag this out so that Flynn keeps his mouth shut before this election.

Flynn was scheduled to be sentenced. He pled guilty, twice, to two separate judges. He already spilled all the beans they wanted him to spill via his plea deal.

What is sure to be spilled is how the DOJ pressured Flynn's prosecutors to "drop the charges", why they didn't sign onto the DOJ request to drop the charges and why they resigned, during Judge Sullivan's hearing on the request. During that hearing, the DOJ is welcome to present evidence of DOJ corruption in defense of their request.

ETA:
For anyone interested, you can read the entire order and the judicial opinions here: drive.google.com...

a reply to: Sookiechacha

Getting nervous that they're getting closer to putting your homie Barrack where he should be?

a reply to: IAMALLYETALLIAM

Bring it! LOL

a reply to: Sookiechacha

Thats the problem you see. If the premise for dropping the case is related to an ongoing investigation then the DOJ would be showing their hand to an activist judge.

a reply to: chr0naut
Is it not in wikipedia?