Judge Calls For Full Appeals Court Review Of Ruling Dropping Michael Flynn Charges

SNIP
Federal Judge Emmet Sullivan in a court petition Thursday demanded a rehearing of a controversial appeals court decision allowing the Justice Department to drop charges against Michael Flynn

Sullivan is now calling for a full hearing by all active judges on the appeals court, arguing that the three-member panel’s ruling was a “dramatic break from precedent” that threatens to the judicial process upside down.”

Trump appointee Judge Neomi Rao wrote the majority opinion for the appeals panel, saying that allowing Sullivan to examine the DOJ’s motivations “will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power.”
ENDSNIP

https://www.yahoo.com/news/trump-connected-lobbyists-reap-windfall-094549760.html

Pretty predictable, although I assumed the en banc request would come from other members of the court as this was an abysmal ruling....

It seems conservative judicial appointees don't actually understand the phrase 'leave of court', which seems odd because they are members of a court... and poor old Neomi is on pace for a record number of en banc rulings overturning her idiocy.

Hey, if Trump can stonewall until the election, why can't a federal judge?? Let's go to the SCOTUS and see what they have to say... Good job Emmet (if I can call you that)

It's a brave new world.... nothing is ever decided ever again... until after January 20, 2021.

 

how many witch hoaxes do you all have to lose?

how much federal dollars could be used to help kids and black lives over your butt hurt for losing the 2016 election?

 

42

 

He’s an admitted felon. If trump wants to do favors for his buddies, he can’t expect judges to pretend it’s not happening.

 

FYI, your link doesn't match the subject.

 

when did he admit to a felony? which one?

 

TY

hazards of having too many windows open... although I was looking at that other link yesterday, not today.

Somebody in copy and paste land boned me...

https://www.yahoo.com/huffpost/emme...ynn-william-barr-court-charges-001634237.html

 

Well, with the obvious exception of the judges he appoints..

Here's another article giving Neomi a kick in the balls.... I didn't realize she was the one who replaced Bart O'Kavanaugh.... talk about a comedy of errors...

https://www.vox.com/2020/6/24/21301...rges-neomi-rao-karen-henderson-robert-wilkins

 

Just amend the Title so it accords with Rule 11.

And, this is goods news. Sullivan is right, spot on.

 

When he plead guilty to them.

 

Yeah, too late to amend.... and the title is right, but the URL I posted was wrong... No harm, no foul...

I actually just read Sullivan's actual filing... it's only about 22 pages.... as expected, it's full of legalese, but I certainly understand the gist of the argument about granting mandamus before necessary...

Here's the actual filing, if you are so inclined

https://www.cnn.com/2020/07/09/politics/sullivan-flynn-case-petition/index.html

 

. . . why do you think he's in prison?

 

It was embedded in your OP and I read it. He is spot on about that dumb decision defying precedent on Mandamus. That decision just will not stand. It will be knocked off. Flynn is far from out of the woods and rightly so.

 

That said, the link you did have is just another example of Trump's unethical behavior. Even during a pandemic, he is in it for himself.

 

it’s not up to Sullivan.

 

trumps in prison??

 

are you talking about flynn? didn’t he with draw his plea? and the judge even after being ordered to by the Circuit Court is having a hard time accepting the reality that he can, especially when th e DOJ highlights there is no case

 

Not at the moment, yes, that is correct. In fact, I am surprised that a Trial Judge like Sullivan has the legal right to make that Petition, but not much of your legal system makes much sense to me from down here.

 

he certainly can ask but irs up to the circuit.

at this point he’s just sad.

 

And if his appeal succeeds, (as I believe it will easily) what will you then say?

 

who’s appeal?

the case is pretty straight forward...Sullivan is out of his league and more over illegally appointed someone to avoid ruling.

 

It is Judge Sullivan that is threatening the judicial process upside down (whatever that means). You would think that a long-term District Judge knows that a district judge cannot appeal an appeals court ruling. But then after a long and fairly competent time on the bench he seems to have fallen off the wagon into the abyss.

 

I'll make sure I let you know when his request for the en banc hearing is granted...

 

En banc hearings are held at the request of the judges on the appeals court or at the request of the parties in the case. The latter does not include the district judge. That was considered axiomatic, but the rules do not explicitly exclude a district judge. So we will see.

 

Judges are supposed to overcome partisanship in their work. This political hack isn't able to do that. He probably should be replaced.