Judge Sullivan refuses to dismiss Flynn case, petitions full appellate court

Extraordinary filing means case could drag on past Election Day.

FOX: Washington, D.C. federal District Judge Emmett Sullivan is refusing to dismiss the criminal case against former national security advisor Michael Flynn, and is now arguing that the D.C. Circuit Court of Appeals erred when it ordered him to do so last month in a 2-1 ruling.

Sullivan, through his attorney Beth Wilkinson, filed a petition on Thursday for a so-called “en banc” review by the entire D.C. Circuit Court of Appeals, arguing that the three-judge panel was improperly trying to force the district court “to grant a motion [to dismiss] it had not yet resolved … in reliance on arguments never presented to the district court.”

Flynn’s lawyer, Sidney Powell, successfully sought a writ of mandamus last month from the three-judge panel on the appellate court ordering Sullivan to toss the case. Writs of mandamus are unusual remedies that order government officials to take a certain action; they are appropriate when there has been a “usurpation of judicial power” that is “clear and indisputable,” Powell acknowledged.

Powell, whose argument was supported by the Justice Department, primarily asserted that the constitutional separation of powers, and D.C. Circuit case law, clearly holds that judges cannot unilaterally keep prosecutions alive when both the prosecutors and the defense seek to dismiss charges. The DOJ moved to dismiss the Flynn case earlier this year after a slew of exculpatory information, which the government acknowledged should have been disclosed long ago under a standing court order, was finally turned over to the defense team. read more

31 Comments on Judge Sullivan refuses to dismiss Flynn case, petitions full appellate court

  1. They are pulling out all the stops to keep Flynn tied up. Maybe, given what he likely knows, he’s Trump’s ace in the hole this november.
    I notice Flynn nor Stone are getting any assistance from Barr the super chief justice. Guess he’s too absorbed right now cleaning up the city of traitors.

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  2. If the Senate approved him can’t the Senate now impeach his ass and remove him from the bench? He’s already proved to everyone (including I suspect Dems) to be a purely political Judge who ignores precedent and the rules.

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  3. I suspect POS Sullivan checked the make-up of the circuit court before he threw the dice. This may drag the Flynn case out past the November election, which is what Sullivan’s overlords want.

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  4. admittedly I don’t understand the processes that is allowing this farce to continue but it’s almost as if Barr himself is guiding him as to how he can continue to obstruct.

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  5. scr_north
    JULY 10, 2020 AT 10:26 AM
    “If the Senate approved him can’t the Senate now impeach his ass and remove him from the bench? He’s already proved to everyone (including I suspect Dems) to be a purely political Judge who ignores precedent and the rules.”

    …sure, but a purely political Judge who ignores precedent and the rules is EXACTLY what the Democrats AND the RINOs WANT, and Romney would absolutely salivate at another opportunity to PROVE just what a vindictive, petty little Democrat he can REALLY be, just out of spite and no other reason…

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  6. I don’t know the composition of the D.C. Circuit Court of Appeals. Any educated guesses as to what could happen IF they choose to take this up? Sullivan must think he has a good shot at this if he filed the petition.

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  7. Get your MOB together and march to his home. Scream

    NO JUSTICE NO PEACE!

    See how long he keeps this case open.

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  8. Lawless fucking coon PoS. They want Flynn to die in jail for figuring out that the Obama administration were a bunch of traitors who all deserve to hang.

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  9. Sullivan is placing his sorry self in a worse position than before.
    This gives Sydney Powell more time to present more evidence.
    In other words, the missing 302 is about to appear! Sullivan is road kill.

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  10. Sullivan puts a whole new meaning on the term “criminal court”.
    When a kangarro judge repeatedly bears false witness in his own kangarro court case that the prosecutors and the appeals court declared dead, things are getting beyond surreal into assuredly evil.

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  11. What the hell is wrong with this guy? Hey buddy, you lose, we win. Get off your damned WHITE horse and stop filing tit-for-tat and trying to steal an election, jackass!

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  12. As GWB’s boy John clearly said yesterday. SUPPORTING DON IS A CRIME!
    Judge Sullivan is following Judge Roberts’s orders! Flynn is a criminal. Flynn backed Don!

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  13. Is he afraid of catching the Clinton virus if he dismisses the case?

    A judge needs an attorney to fight to make his judicial decision stand?

    If some prosecutors were as cut throat as Sullivan.

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  14. Sully is a silly scoundrel, a petulant poltroon, a judicial jackal, and probably a blackmailed baby boffer.

    Seriously, I wonder just who got him doing what on audio, video, and jpegs.

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  15. Here’s the real systemic racism. Blacks in position of authority are creating second class citizen status for whites all over the place. You’d have to go back 50 years to find a white judge being so abusive to a black citizen

    And now we have black DA’s filing outrageous charges againt white cops and white citizens engaging in legitimate self defense while looking the other way as black thugs assault white drivers

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  16. Relax, the en banc review has not been granted yet; he got slapped down pretty hard by the judicial panel on pretty solid legal grounds; the dissent was nebulous bullhockey that didn’t apply to the case at hand. They’d look stupid if they granted the en banc review, but maybe they don’t care, or they don’t have a choice.

    https://youtu.be/ogG1lNp8GR8

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