The federal judge that has been presiding over Michael Flynn’s case asked the full U.S. Court of Appeals for the D.C. Circuit to review the extraordinary order from an appellate panel last month that the judge dismiss Flynn’s case.
Yup, keep this issue up in the air until January 21, 2021. I would be really surprised if this is not taken up. Not so much that the the two republican hacks were acting hackish, but that they so badly bent the rules on Mandamus that absent correcting their error, the Court is going to get flooded with mandamus, then have to face the argument that it is showing favoritism to certain litigants.
Courts tend to be very protective of their jurisdiction, and this decision opened up a huge hole in the effort to limit filings.
Best wishes and good luck Judge Sullivan. This whole business from DOJ down to the three-judge panel of the DC Circuit Court of Appeals stinks to high heaven. Flynn pleaded guilty to the charges against him TWICE. It is entirely inappropriate for the Trump-Barr DOJ to try to withdraw the charges that have already been pleaded out, and even more inappropriate for a clearly biased Trump appointed judge to sway the 3-judge panel.
Judge Sullivan, clear-headed Americans wish you every success.
If I were Joe Biden, my first nomination to the Supreme Court would be Emmet Sullivan.
Both because he uses the laws and the legal processes to defend the rule of law in the face of explicit corruption, which would make him particularly fit for the job, and because it would tweak Trump and Barr and Flynn and Manafort.
As a person with no legal training, I am a bit confused. However, it seems to me that Sullivan is on the right side of this and he handling the whole sordid affair with grace and good sense. Well done, then, Judge Sullivan.
Sullivan is zooming to the top of my 'great American Heroes" list. I want his statue in the new ‘garden’. Or better still - sand blast STONE MOUNTAIN and put his face on it! (Along with other prominent African American statesmen/judges)
While I greatly appreciate Judge Emmet Sullivan, I believe the first open seat should go to Judge Merrick Garland, the Obama appointee who was denied by Mitch McConnell’s blatant gross partisanship. I also believe that we need to increase the size of the SCOTUS bench, and should therefore fill the second open seat with Judge Sullivan.
The decision will almost certainly be overturned by the full Court.
So in that sense, yes.
But I think Barr’s main goal here is to simply delay any sentencing on Flynn until after the election, to prevent Trump for giving into his instincts and issuing a pardon. After the election, he doesn’t really care…either Trump loses, and it really doesn’t matter to Barr, or Trump wins, and he is a 2nd term President who can do whatever he likes without having to answer to voters again.