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Thread: Appeals court to rehear Flynn case en banc.

  1. #21
    tWebber
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    Quote 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.

  2. #22
    tWebber NorrinRadd's Avatar
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    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."
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  3. Amen RumTumTugger amen'd this post.

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