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Appeals court to rehear Flynn case en banc.

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  • #16
    Originally posted by Whateverman View Post
    I suspect that the SCOTUS will reject any request from the Trump administration to review this case.

    But as to Flynn's ultimate fate, I don't have the first guess.
    I have a pretty good guess. If this drags on past the election, Flynn will get a pardon.

    And of course the charges might just be dropped with prejudice, in which case he won't need a pardon.

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    • #17
      Originally posted by Whateverman View Post
      I suspect that the SCOTUS will reject any request from the Trump administration to review this case.

      But as to Flynn's ultimate fate, I don't have the first guess.
      Why are you thinking that The SCOTUS will reject a request from the Trump administration if the Appeals court wrongfully rules that in Judge Sullivan's favor after all other lower courts are telling him to do his job. given that what this would be a different opinion then the other courts the SCOTUS will hear the case at the request of the Trump administration and when the decision is made based on the Rule of Law as it must be they will tell Judge Sullivan to do his duty and get that paper work started to dismiss the case.

      What will most likely happen is that the Appeals court agrees with the lower courts that Judge Sullivan do his job. Judge Sullivan continues his temper Tantrum the supreme court will refuse ot hear it saying that the lower courts rulings stand there by forcing Judge Sullvian to finally do his job which will be the last thing he does since he has shown he does not deserve that seat on bench he holds nor does he deserve to practice law. since he cares nothing about the law.

      So in either case judge Sullivan will lose Flynn and Justice will have won.
      Last edited by RumTumTugger; 07-31-2020, 03:50 PM.

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      • #18
        Originally posted by Mountain Man View Post
        Have you followed this case? The prosecution has withdrawn all charges. The fact that an uncontested motion to withdraw charges even needs to be appealed in the first place because a corrupt judge refused to obey the law and grant the motion should have everybody's blood boiling.
        No, the prosecution was so outraged at the Atty Generals interference on behalf of the President that they resigned rather than to do the corrupt Atty Gen. Barrs bidding by withdrawing the charges. The full court examined the case and the 3 judge panels 2-1 decision to dismiss, a decision by Judges who you apparently approve of, and apparently didn't like what they saw so they agreed with Judge Sullivan and decided to re-hear the governments case for dismissal en banc, by the entire appeals court. The fact that they decided to re-hear the case does not bode well for Flynn or the corrupt President and his corrupt Atty General.
        Don't worry your corrupt little brain over it though, Trump still has another power to abuse up his sleeve once they lose the case. He wil pardon his corrupt partner in crime just like he did for Roger Stone.
        Last edited by JimL; 07-31-2020, 04:16 PM.

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        • #19
          Originally posted by JimL View Post
          No, the prosecution was so outraged at the Atty Generals interference on behalf of the President that they resigned rather than to do the corrupt Atty Gen. Barrs bidding by withdrawing the charges. The full court examined the case and the 3 judge panels 2-1 decision to dismiss, a decision by Judges who you apparently approve of, and apparently didn't like what they saw so they agreed with Judge Sullivan and decided to re-hear the governments case for dismissal en banc, by the entire appeals court. The fact that they decided to re-hear the case does not bode well for Flynn or the corrupt President and his corrupt Atty General.
          This isn't necessarily bad for Flynn, other than the fact that it stretches things out. The full court will probably send it back to Sullivan, and if he doesn't allow the charges to be dropped, the appeals court will get another chance to rule against him.

          Don't worry your corrupt little brain over it though, Trump still has another power to abuse up his sleeve once they lose the case. He wil pardon his corrupt partner in crime just like he did for Roger Stone.
          Yeah, I expect a pardon will come when Trump needs to distract attention from something even worse, or else after the election.

          Comment


          • #20
            Originally posted by Stoic View Post
            This isn't necessarily bad for Flynn, other than the fact that it stretches things out. The full court will probably send it back to Sullivan, and if he doesn't allow the charges to be dropped, the appeals court will get another chance to rule against him.


            Yeah, I expect a pardon will come when Trump needs to distract attention from something even worse, or else after the election.
            I don't know, that doesn't sound right to me. The Judge, Judge Sullivan, was ready to sentence Flynn when the DOJ stepped in to get the case dismissed. The appeals court agreed with the DOJ and ordered the case dismissed. That decision was then appealed to the full court who then vacated the lower court decision and will require the DOJ to make their case in front of the full court. If the full court sends it back to Sullivan, meaning the DOJ bid to dismiss failed, then he is free to sentence Flynn in accordance with the result of the original trial and Flynns guilty plea. I assume Sullivan will give a more severe sentence to Flynn do to his retraction of his guilty plea. Perhaps Flynn can appeal that decision again, I don't know, but I think he'd have little chance of winning his case at that point. After all, he pled guilty, and the attempt by the DOJ to throw out that plea would have already failed.
            Last edited by JimL; 08-01-2020, 12:39 PM.

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            • #21
              Originally posted by JimL View Post
              I don't know, that doesn't sound right to me. The Judge, Judge Sullivan, was ready to sentence Flynn when the DOJ stepped in to get the case dismissed. The appeals court agreed with the DOJ and ordered the case dismissed. That decision was then appealed to the full court who then vacated the lower court decision and will require the DOJ to make their case in front of the full court. If the full court sends it back to Sullivan, meaning the DOJ bid to dismiss failed, then he is free to sentence Flynn in accordance with the result of the original trial and Flynns guilty plea. I assume Sullivan will give a more severe sentence to Flynn do to his retraction of his guilty plea. Perhaps Flynn can appeal that decision again, I don't know, but I think he'd have little chance of winning his case at that point. After all, he pled guilty, and the attempt by the DOJ to throw out that plea would have already failed.
              The order from the full court contained the line, "The parties should be prepared to address whether there are “no other adequate means to attain the relief” desired. Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004)." This means that there is some question as to whether it was appropriate for Flynn to appeal for a writ of mandamus.

              If they decide it was not appropriate, then the case goes back to Sullivan to decide whether the charges can be dropped.

              If they decide it was appropriate, but disagree with the three judge panel, then the case goes back to Sullivan, either for sentencing or to decide whether the charges should be dropped.

              If they decide it was appropriate, and agree with the three judge panel, then the charges will be dropped.

              Comment


              • #22
                I'm surprised and disappointed that Turley has not commented on the latest events. I haven't found anything relevant since June 28.

                There's a lot in that article, but this seems a reasonable bottom line: "The law in this case is clear and the case should have been dismissed."
                Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.

                Beige Federalist.

                Nationalist Christian.

                "Everybody is somebody's heretic."

                Social Justice is usually the opposite of actual justice.

                Proud member of the this space left blank community.

                Would-be Grand Vizier of the Padishah Maxi-Super-Ultra-Hyper-Mega-MAGA King Trumpius Rex.

                Justice for Ashli Babbitt!

                Justice for Matthew Perna!

                Arrest Ray Epps and his Fed bosses!

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