Flynn Case Goes Before Court Of Appeals | Talking Points Memo

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The U.S. Court of Appeals for the District of Columbia will hear oral arguments Friday in the extraordinary case of Michael Flynn, the former national security advisor. The DOJ has asked the appeals court to order Judge Emmett Sullivan to dismiss the case. Sullivan, meanwhile, appointed a retired judge and former prosecutor, John Gleeson, to argue to him that Flynn’s case should move forward. On Wednesday, Gleeson accused the Justice Department of “gross prosecutorial abuse” and of finding “pretextual” reasons for asking for Flynn’s case to be dismissed.

This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1314238
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Scheduled for 9:30 am this morning. We’ll be able to listen on YouTube.

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Powell whining about “best-written motion to dismiss (the writ of mandamus)” that she’s ever seen, now complaining about “dragging things out for another six months”.

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Powell now claiming rule 48(a) doesn’t exist.

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“You have no smoking gun that this was a political conspiracy, so we should get away with it.”

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Rao will lob softballs designed to let Powell rail against the FBI and Mueller etc.

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Is the full court hearing this?

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I don’t see how this case is ripe for appeal. It’s my impression that Judge Sullivan has not yet ruled on the DoJ motion to dismiss.

I’m not an expert on federal criminal procedure but I feel like I’m missing something,. Demanding the Court of Appeals enter the order they want on a pending motion should be sanctionable.

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3 judge panel: one obama judge, one reagan/bush judge, and one morbotus recipreversexclusionary circular logic hack.

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Not a lawyer here but I find it curious that one of the people arguing for Flynn keeps referring to the DOJ/prosecution as “the government”, as though Judge Sullivan and the judicial branch are not part of the government as well.

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She’s also whining that every other attorney on this case is being “paid by the government” except Flynn’s team.

Sad.

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Is the Court of Appeals being asked to rule on a procedural issue or on the facts of the Flynn case?

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The DOJ’s determination to pursue a dismissal is very intriguing. Trump apparently doesn’t want to pardon Flynn, but he also doesn’t want the self-confessed criminal to go to jail. WTH does Flynn have on Trump - and who knows how many other bad actors - Jared, Donnie Jr… the possibilities are endless.

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Hate to say it but Wilkins is probably hitting the nail on the head: appeal is not ripe until Sullivan makes a decision…which means remand and then revisiting this bullshit.

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IANAL but is it true that, if pardoned, Flynn loses his 5th Amendment rights? That he would have to answer questions if called to do so?

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Only pertaining to the crime at issue because he cant be charged twice for it. Everything else and he can claim the 5th.

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Yes, but that was screamingly obvious when the writ request was submitted. So why did they agree to hear it at all?

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That incudes the perjury trap inherent in any demand that he testify on the matter.

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Pardon could be messier for the claims of the 5th I think, so it’s probably being considered a last option. Dont forget that congress could grant immunity tho.

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