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Appeals court orders Michael Flynn judge to respond to demand for dismissal of case against ex-Trump advisor
CNBC.com ^ | 5/21/2020 | Kevin Breuninger and Dan Mangan

Posted on 05/21/2020 2:06:17 PM PDT by gwjack

A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case.

The order came two days after Flynn’s lawyers asked the U.S. Circuit Court of Appeals for the District of Columbia to drop the case and assign any future court proceedings to another judge.

The Department of Justice two weeks earlier made the surprise move to abandon its own prosecution of Flynn, who had pleaded guilty to lying to the FBI about his conversations with then-Russian Ambassador Sergey Kislyak in the weeks before Trump’s inauguration.

But U.S. District Court Judge Emmet Sullivan did not immediately grant the DOJ’s motion to dismiss its case. Instead, he appointed a former federal judge to argue against the request, and submitted a schedule to allow third parties to submit arguments in the case.

Flynn’s lawyers had argued to the appeals court that Sullivan’s moves “reveal his plan to continue the case indefinitely, rubbing salt in General Flynn’s open wound from the Government’s misconduct and threatening him with criminal contempt.”

Sullivan has 10 days to respond to the appeals court’s order. Sidney Powell, an attorney for Flynn, did not immediately respond to CNBC’s request for comment on the order.

Flynn had appeared in Sullivan’s courtroom in December 2018 to be sentenced, but the retired lieutenant general opted to delay the proceeding after Sullivan warned Flynn may face jail time if he was sentenced before completing his cooperation with then-special counsel Robert Mueller’s investigators.

Months later, Flynn dismissed his legal team and hired Powell, a vocal Mueller critic, who soon began efforts to undo the criminal case. Powell accused prosecutors of withholding exculpatory information from Flynn, a claim that the Justice Department for months repeatedly denied.

The Justice Department’s request this month to dismiss the charge against Flynn was signed by Timothy Shea, the interim U.S. attorney for D.C. at the time, and not by any of the prosecutors who had handled Flynn’s case up to that point.

The dismissal request has been highly controversial. Former prosecutors say it smacked of favoritism toward an ally of Trump, and some have specifically accused Attorney General William Barr of manipulating the justice system to help the president. Trump has frequently criticized the case against Flynn.


TOPICS: Breaking News; Crime/Corruption; Foreign Affairs; News/Current Events
KEYWORDS: appealscourt; corruptjudge; danmangan; dccircuit; dcdistrict; demagogicparty; dirtyjudgesullivan; emmetsullivan; flynn; johngleeson; judiciary; kevinbreuninger; michaelflynn; mikeflynn; obamajudge; politicaljudiciary; rapinbilljudge; sidneypowell; sullivan; sullivanthecrook; timothyshea; trump; witchhunt
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The wheels ae turning. Someone is near getting his pee pee slapped.

Gwjack

1 posted on 05/21/2020 2:06:17 PM PDT by gwjack
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To: gwjack

Whoopee!!!! They are not letting Sullivan get away with his scheiss. Go Sidney!!! Knock ‘em out of the ballpark!!!


2 posted on 05/21/2020 2:09:50 PM PDT by malach (We live in interesting times.)
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To: gwjack

Maybe this judge was given an offer he can’t refuse. Pick Deep State vs Justice. Maybe being over ruled is safer.


3 posted on 05/21/2020 2:11:37 PM PDT by SeektheTruth54
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To: gwjack

Note that in this story there is not one single word favorable to President Trump, Powell or Flynn.

Only snide comments.


4 posted on 05/21/2020 2:12:36 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: gwjack

CBNC:The dismissal request has been highly controversial.
______
Only to those lawyers and others who want to twist the law and the Constitution around, lie to the American public, and screw Trump. BTW thank you Donald for my stimulus check and I would have thanked you even if you hadn’t sent one.

Trump: We are all in this together.
Obama(and Hillary):We are only in this to manipulate you, the people, and aggrandize ourselves.


5 posted on 05/21/2020 2:14:50 PM PDT by malach (We live in interesting times.)
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To: old curmudgeon

You have been a FReeper for almost 12 years and you do not know the Golden Rule?

Freepers never read the articles, especially from the lamestream media. :)


6 posted on 05/21/2020 2:16:49 PM PDT by Dacula (Day 27 of Georgia opening up and I am still alive)
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To: gwjack

The wheels ae turning. Someone is near getting his pee pee slapped.


Mueller’s thuggish Lieutenants, Weissmann, Rhee and Van Grack in particular, need to be before a US Senate committee under oath and publicly answering for their conduct. Line them up in a row at one table and pound away at their prosecutorial misconduct. That will never happen, of course.


7 posted on 05/21/2020 2:18:05 PM PDT by lodi90
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To: old curmudgeon

“Only snide comments.”

Examples?


8 posted on 05/21/2020 2:18:16 PM PDT by TexasGator (Z1z)
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To: gwjack

Sullivan is doing all he can to protect Obama. How loud will he scream “Racism!” before he falls on his Swamp Soldier’s sword? Actually that gives him too much honor and nobility. He will scream “Racism,racism, racism”, never resign or admit anything he did was wrong. He will probably be allowed to remain on the bench. The Swamp protects its own.


9 posted on 05/21/2020 2:19:41 PM PDT by allendale (.)
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To: gwjack

I’ve read the case referenced in the appellate court’s order. Sullivan is dead in the water. Mark my words: he vacates the amicus order and dismisses the case before June 1 rather than respond. Otherwise he’s going to get a smack. They cite the case in the order plus criminal rule 48 to signal him to back off or the writ is going to be granted


10 posted on 05/21/2020 2:20:55 PM PDT by j.havenfarm ( Beginning my 20th year on FR! 2,500+ replies and still not shutting up!)
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To: old curmudgeon

“Note that in this story there is not one single word favorable to President Trump, Powell or Flynn.
Only snide comments.”

Yes, lot’s of those snide comments, one that sticks out to me is that Powell is a “vocal Mueller critic”, as if that somehow helps Sullivan.


11 posted on 05/21/2020 2:22:28 PM PDT by nomorelurker
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To: gwjack
A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case.

Wait for it.... wait for it ... "MOTION DENIED".

12 posted on 05/21/2020 2:27:09 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: j.havenfarm

Do you remember the day that the former prosecutors, and defense lawyers, were “compelled” to appear? I’ve always thought that the Judge would be very harsh with them and forward them for disciplinary action. A person can thumb their nose, but they can’t thumb it to a federal judge.


13 posted on 05/21/2020 2:29:08 PM PDT by gwjack (May God give America His richest blessings.)
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To: gwjack

Deep state Black Robed Bozo Judge Emmet Sullivan. He has been a decent judge but now wants to end his career as a buffoon. Republicans appointed him.

WIKI
He was appointed to the bench of the Superior Court of the District of Columbia in 1984 by President Ronald Reagan, to the District of Columbia Court of Appeals as an Associate Judge in 1992 by President George H. W. Bush and to the federal bench in 1994 by President Bill Clinton.[3]


14 posted on 05/21/2020 2:32:12 PM PDT by dennisw
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To: old curmudgeon

Entire CNBC piece was dripping with bias and animus towards President Trump and Gen Flynn.
Won’t matter though. Flynn will win.


15 posted on 05/21/2020 2:32:25 PM PDT by SmokingJoe
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To: lodi90
Mueller’s thuggish Lieutenants, Weissmann, Rhee and Van Grack in particular, need to be before a US Senate committee under oath and publicly answering for their conduct. Line them up in a row at one table and pound away at their prosecutorial misconduct

What would the purpose of that be? We don't have a Star Chamber. The Senate can't convene a Grand Jury and they cannot prosecute anybody.

The men you name need to be prosecuted by the Executive Branch, who does things like that. If they are not prosecuted, they will get away with their crimes.

The fact that this now seems probable does not mean we should encourage our puffed-up, grotesque Senators to become more so pretending they have executive and not legislative authority.

16 posted on 05/21/2020 2:35:42 PM PDT by Jim Noble (Think like you’re right, listen like you’re wrong)
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To: pepsi_junkie

All indications are they will rule for Flynn.
Sullivan doesn’t have a leg to stand on.


17 posted on 05/21/2020 2:35:55 PM PDT by SmokingJoe
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Comment #18 Removed by Moderator

To: Jim Noble
puffed-up, grotesque Senators

You repeated yourself, twice.

19 posted on 05/21/2020 2:39:35 PM PDT by Jeff Chandler (BLACK LIVES MAGA)
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To: gwjack

Not a word from CNBC that the DC Circuit Court referenced the Fokker case in their order as well as nary a word from CNBC that the DC Circuit Court invited the DOJ to weigh in re the Writ of Mandamus.

Typical for NEM to ignore the relevant issues.


20 posted on 05/21/2020 2:40:23 PM PDT by Presbyterian Reporter
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