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.
The en banc hearing followed Sullivan’s request for a rehearing of the 2-1 panel decision that granted Flynn’s petition for mandamus and ordered the longtime federal judge to grant the government’s motion to dismiss with prejudice the charge levied against Trump’s former national security adviser.
A Timeline of Events
Flynn had pleaded guilty in December 2017 to lying to FBI agents Peter Strzok and Joe Pientka during a Jan. 24, 2017, interview in the White House about conversations Flynn had with Russian Ambassador Sergey Kislyak. Flynn later fired his attorneys, hired Sidney Powell, who argued the case today, and moved to withdraw his guilty plea. While that motion remained pending, Attorney General William Barr directed an outside U.S. attorney, Missouri-based Jeff Jensen, to review the Flynn case.
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. Jensen also concluded that the questioning of Flynn was “untethered” from any legitimate investigatory purpose and instead seemed to be a perjury trap set to catch Flynn in a lie. Jensen recommended the DOJ dismiss the charge against Flynn, and Barr agreed.
But when the DOJ moved to dismiss the charge against Flynn, presiding Judge Emmet Sullivan resisted. He appointed a retired judge, John Gleeson, to serve as an amicus curiae, or friend of the court, to argue against dismissal of the Flynn charge. Gleeson, who had co-authored a scathing Washington Post op-ed accusing the DOJ of political favoritism days before his appointment as an amicus curiae, turned in an oversized brief that accused the attorney general and DOJ of misconduct. more
Produce enough smoke and everything is obscured.
Took these assholes 4 hours to answer the question: “Isn’t the ‘judge’ supposed to pretend to be impartial?”
God Help us – our Judicial system is certainly too corrupt to help us.
Our “judges” no longer even maintain the pretense of pursuing “justice.”
izlamo delenda est …
“Little Dutch Boy” Emmet Sullivan is the ONLY thing saving obongoboi and the beast now.
The full story of this prosecution, the full one that contains every detail of everything done by everyone involved, will never be told and the public will continue being deceived by those powers that ordered it done.
Andy’s dad – The problem is there’s too many dykes on the Left to pick from!
This is just a delaying tactic to string it along until they can shoehorn a dirty democRAT into the White House by hook or by crook!
God save us from those who pretend to want to save us!
This is a perfect example of the “Squid defense”, Put enough ink in the water it hard to see the truth. Judge Sullivan is just another democrat agent. Just saying:{
And guess what? Boys & Girls.
All this “legal” mess is paid for
by you and me. I want my Friggin’ $$$ back!
The magnitude of Democrat power is astonishing…I fear that , if Biden wins, the Left will be unchecked regarding ANYTHING they decide to accomplish. Their only concern will be the time frame…move too fast and some Moron will complain and have to be labeled a racist, shamed, cut off from communication and arrested in an early morning raid. While under Lockdown 34,000,000 new arrivals from South America and the world will go on Bidencare and Welfare….so, maybe it will not be too bad until after June 2021 and then we will be in the nightmare..as for Flynn, he will be Pardoned and then sent to prison later..The perp walk for Trump and his son Baron will be cheared by 80,000,000 Democrats.
I think it will be sent to a new judge, and the government’s motion to dismiss will be granted. That way Judge Sullivan gets to save face and continue to serve as a ‘straight-up’ impartial judge. Justice served, and no constitutional ‘crisis.’
“justice” delayed is “justice” denied