Skip to comments.DC Circuit Panel Orders Judge Sullivan To Respond Within 10 Days
Posted on 05/21/2020 3:19:06 PM PDT by Hostage
A three panel DC Appeals Court Panel, Judge Henderson, Judge Wilkins and Judge Rao have ordered Michael Flynns Judge, Emett Sullivan, to respond to the defense petition for a writ of mandamus within ten days:
Quoting the U.S. vs Fokker ruling the panel is not responding directly to the Flynn petition with an immediate decision; instead they are requiring Judge Sullivan to explain his decision to engage with extra-party amicus actions despite the DOJ and Flynn defense agreement on the motion to dismiss.
The order can be viewed as a smart move by the appeals panel because Judge Sullivan has yet to rule on the original unopposed DOJ motion. In essence, Sullivan has never explained himself; and this approach will require Sullivan to put his proverbial cards on the table. The DC panel has given Judge Sullivan ten days to respond.
(Excerpt) Read more at theconservativetreehouse.com ...
"tommylotto says: May 21, 2020 at 5:45 pm Interesting situation. On most writs, the real party in interest is one of the parties to the case. So, the judge does not have to respond. He can allow the real party in interest take the laboring oar in opposing the writ. Not this time, defense and prosecution agree. Sullivan is going to have to put pen to paper and give an accounting. He cannot farm it out to amicus, because that is part of the conduct that is being challenged."
See discussion of this order http://www.freerepublic.com/focus/f-news/3847274/posts
Joe DiGenova appears weekly on the Howie Carr Show (Boston) and he emailed Howie during his show this afternoon telling him that this is a very good sign for General Flynn.
The title was flubbed and a search revealed nothing before posting. Thanks for letting it be known.
I’m asking the Admin Moderator to take the thread down as it’s already been posted.
The order follows applicable rules and precedents. As is the normal practice, the Department of Justice will pay for private counsel, or they will respond to the petition on the judge’s behalf using lawyers on staff.
Here’s his response.
? “... or they will respond to the petition on the judges behalf using lawyers on staff”
That would have the DOJ responding against themselves. Does not compute.
Let’s take the discussion over here as this was posted first.
this is really YUGE: writs of mandamus are rare and i suspect them being granted is even more rare ... in this case, the appeals court ORDERED Sullivan to respond to Flynn’s writ of mandamus within 10 days, which means:
1. Sullivan MUST explain in writing why he’s refusing to dismiss the case and solicited unlimited 3rd party amicus curiae “briefs” as well as appointing an extra-judicial party to oppose the DoJ dismissal.
2. given a 10 day deadline, Sullivan doesn’t have time to screw around with his illegal and unconstitutional 3rd party amicus curiae “briefs” before making the appeals-court-ordered explanation of his behavior.
3. Once Sullivan has committed his “reasoning” for refusing to dismiss the case and soliciting unlimited 3rd party amicus curiae “briefs” as well as appointing an extra-judicial party to oppose the DoJ dismissal, then that becomes substance for the appeals court to make a further ruling on the writ of mandamus.
It’s a slick maneuver by the appeals court, and as far as i can see, the higher court has checked Sullivan, even if they didn’t checkmate him ...
Duplicate posts aren’t unusual.This is important...no reason to take it down.
AndyJackson didn’t ask it be taken down, I did but I wrote the Admin Moderator to keep it up as the previous thread was already crammed with comments and it’s good to roll the post over to get exposure.
I agree .
Why want to block this info.
Note Complainants activity .
We are not in danger of Double Jeopardy, are we? :)
Duplicate posts arent unusual. This is important...no reason to take it down.
No problem with multiple posts and in fact it is a good thing to get attention to important issues. I know, I probably see one in seven posts on the same topic. I was merely pointing out that there was extensive discussion of the issues on the other thread.
He was a lion a few years ago when the senator from Alaska was railroaded by the fbi and doj.
Although, it was Sullivan that allowed the fbi and doj to screw the guy in the first place.
Sooo, I wonder how much delaying influence/advice is coming House democrats, they’re experts at it now. Nadler & Schiff are pros.
The government is invited to respond in its discretion within the same ten-day period.
The DOJ lawyers had best get off their dead asses and respond in great detail.
“Its a slick maneuver by the appeals court, and as far as i can see, the higher court has checked Sullivan, even if they didnt checkmate him ..”
Nothing against catnipman but I am getting tired of the need for slick moves in this case/mess. Once we get to this or that find point of the law for justice, justice goes out the window.
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