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U.S. appeals court orders judge to dismiss case against Michael Flynn
CNBC.com ^ | 6/24/2020 | Dan Mangan

Posted on 06/24/2020 7:24:13 AM PDT by gwjack

Just a headline for now. Gwjack

(Excerpt) Read more at cnbc.com ...


TOPICS: Breaking News; News/Current Events; Politics/Elections
KEYWORDS: appealscourt; dcappealscourt; dccircuit; dindusullivan; emmetsullivan; flynn; impeachjudgesullivan; jamescomey; judiciary; justicenuffin; michaelflynn; michaelsherwin; obamajudge; peterstrzok; politicaljudiciary; robertlwilkins; robertwilkins; sentence; sergeykislyak; sullivanimpropriety
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To: freeandfreezing
Here is the opinion.

Thank you very much for providing a direct link to the decision itself. That is very helpful.

101 posted on 06/24/2020 12:34:33 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: little jeremiah

yes, it brought me to tears (happiness)!!!!!


102 posted on 06/24/2020 12:57:49 PM PDT by LouisianaJoanof Arc
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To: ding_dong_daddy_from_dumas

Roberts might rule their way, but this is so blatant and bald-faced, it ought to be an unanimous dismissal.


103 posted on 06/24/2020 12:59:52 PM PDT by Eleutheria5 ("SHUT UP!" he explained.)
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To: freeandfreezing

Pretty contentious decision, particularly Rao’s rejection and rebuttal of Wilkins’ dissent.


104 posted on 06/24/2020 1:06:39 PM PDT by ETCM
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To: Sir Napsalot; bitt

Yes, it doesn’t stop with tossing the Flynn criminal-lying-to-the-FBI case.

Flynn has a case against the FBI that should go forward. From the unassailed information that the FBI did not act “in good faith,” it’s hard to imagine anything less than Flynn seeing all his legal expenses recovered. There could also be much more.

The Flynn case being tossed bespeaks a parallel to the unpredicated granting and renewals of the FISA warrants against campaign volunteer, Carter Page. The AG appointed USA Durham to work that up. Analogously, we should have another USA investigating the origins of Flynn’s prosecution.

Conveniently, today we see the release of Strzok’s notes which put the lie to Susan Rice’s 1/21/2017 memo to herself. With Comey’s saying Flynn’s conversations “appear legit” juxtaposed against Barry’s order to “put the right people on it” (meaning, of course, doing something OTHER THAN “by the book”) when there was not appropriate reason to continue any investigation at all—which had been closed just the day before—affirms its inappropriateness, which nonetheless originated in Strzok’s appeal (to his Director and ultimately the President) to see that counter-intel investigation kept open.

Thus, Strzok looks pretty bad, but Barry looks worse for making the ultimate bad judgment and suspect-motive call to have Comey continue the investigation of Flynn, who is no mere Carter Page “volunteer,” but one of PDJT’s top appointees.

Barry could not easily and transparently look worse by his direction of the conspiracy against Trump to subvert the Will of of The People in their recent election of the opposition President- and Commander in Chief-elect.


105 posted on 06/24/2020 1:12:29 PM PDT by rx (Truth will out!)
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To: Eleutheria5
Roberts might rule their way, but this is so blatant and bald-faced, it ought to be an unanimous dismissal.

I didn't approve of Roe v Wade either. I wish Roberts would convince me that he consistently cares about the law. Sometimes he seems to have other motives.

106 posted on 06/24/2020 1:33:43 PM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
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To: gwjack

WASHINGTON (Reuters) - A U.S. appeals court on Wednesday directed a federal judge to drop a criminal case against President Donald Trump’s former national security adviser Michael Flynn for lying to the FBI, handing the Justice Department a victory in the politically charged case.

In the 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Flynn and the Trump administration in preventing U.S. District Judge Emmet Sullivan from exercising his discretion on whether to grant the department’s motion to clear Flynn, who twice pleaded guilty.

The ruling prevents Judge Sullivan from hearing arguments at a July 16 hearing from retired judge John Gleeson, whom he appointed as a “friend of the court” to argue against dropping the case.


107 posted on 06/24/2020 1:46:44 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

Anarchists and leftists are having a bad day.


108 posted on 06/24/2020 1:49:34 PM PDT by conservativepoet
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To: LouisianaJoanof Arc

Sounds as though Gen. Flynn’s case is basically won. Still a lot of battles ahead to get our country back.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lieutenant General Michael Flynn Calls Rush

https://www.rushlimbaugh.com/daily/2020/06/24/lieutenant-general-michael-flynn-calls-rush/

RUSH: I’m told that we have General Flynn on the phone. Michael Flynn, you are here on the EIB Network, is that right?

FLYNN: How about that, Rush? Yeah, this is Mike Flynn. How you doing?

RUSH: I’m great. I’m a little stunned.

FLYNN: Well, I want to just tell you, first of all, you got a lot of prayers coming from the Flynn family for you and all the things that you’re going through, so just know that. And I just want to say from the bottom of our hearts, you know, you’ve been right from the beginning. And we can’t thank you and your listeners enough for all the support that they have given us through this fight. And, you know, obviously the fight’s not over, as you’ve been highlighting for not just today, but for a long time.

RUSH: Right.

FLYNN: And the decision today is really, it’s a good thing for General Flynn, it’s a good thing for me, it’s a good thing for my family, but it’s really a great boost of confidence for the American people and our justice system, because that’s what this really comes down to, is whether or not our justice system is going to have the confidence of the American people. And, boy, your listeners know this.

RUSH: You had to have your doubts in it for the longest time. I can’t imagine what it’s been like.

FLYNN: (laughing) Well, I’ll tell you what, maybe there will be another time that we can get into the details of it, but I will just tell you that I have always believed and fought for our rule of law. The most important thing that we have in this country, bar none, is that. And we have to make it work whether we like it or not, and it has to work with the right people and the right leaders and the people of our country to step up to the plate. You know, and elections matter, right? Voting matters. So, anyway, I just wanted to get my two cents in with you today and tell you that we think about you often and we pray for you and that we are so happy with the decision, not only for our family, but for our country.

RUSH: General Flynn, thank you so much. I’m still a little stunned here that I’m talking to you. Have you signed anything? Is this really over? Or is it just we just assume it’s gonna be?

FLYNN: No, yeah, I mean, it’s not over. Some of your listeners have been talking about it today. It never ends. You know, the struggle for this country —

RUSH: Right.

FLYNN: — will never end. You know this, Rush. You know this. We’re a country that’s an experiment based on some great ideas from some terrific, you know, founding citizens of our country. So it’s never over. I do not expect it to be over. You know, this is another — this is a phase that has ended. And we will go into another phase.

But, you know, I’m from good Irish stock, so my family has really stuck with us and behind us, and I think a lot of Americans have seen that. And then people like yourselves, leaders like yourselves have stepped up to the plate to guide the American people through what has happened, what has happened. So there will be more to say in the future, but I just mainly wanted to say to you thank you so much for all that you have done for my family and, frankly, for our country.

RUSH: Well, it’s been an honor, General Flynn. And everybody is so happy for you here. It’s actually justice deserved and justice served. We only wish the best for you and your family, sir, and God bless.

FLYNN: Yeah.

RUSH: Thank you for calling.

FLYNN: Yeah. Well, one last thing that I will say, that’s for all your listeners, and that’s for me to say on behalf of my family and frankly for our country, is that Ms. Sidney Powell, who’s been my terrific lawyer, she is the American guardian of justice. That’s what she is. And she is somebody who you want in your corner, boy, when you’re in the middle of a knife fight, which I have been in. So I call her American guardian of justice.

RUSH: You both proved that these people can be engaged and defeated. You both proved that pushing back on them can succeed.

FLYNN: Right. Sure can. You gotta find the right weaknesses. You know, we finally did and part of that was just the weakness was to shine the light on truth. That’s really what it came down to.

RUSH: Well, no question about that. I’m glad that worked. I’m glad truth still has the power to do what it did for you.

FLYNN: It sure does.

RUSH: Thank you, General. I really appreciate it.

FLYNN: Okay, Rush.

RUSH: Great to talk to you.

FLYNN: God bless. See ya.

RUSH: General Michael Flynn. And we will be right back.


109 posted on 06/24/2020 2:43:17 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: LouisianaJoanof Arc

If I have time I’ll post as an article/thread.

https://thefederalist.com/2020/06/01/in-appellate-brief-doj-unloads-on-behavior-of-rogue-judge-in-flynn-case/

In Appellate Brief, DOJ Unloads On Behavior Of Rogue Judge In Flynn Case

The Department of Justice on Monday unloaded on the antics of the rogue federal judge overseeing the Michael Flynn trial, accusing him of usurping the constitutional authority of the executive branch to make prosecutorial decisions and ignoring both statutory law and federal court precedent requiring him to dismiss the case against Flynn.

After Judge Emmet G. Sullivan refused to grant the unopposed DOJ motion to dismiss the charges against Flynn after the government unearthed and relevant reams of evidence that the government had abused its power and unlawfully targeted Flynn, Flynn’s attorney Sidney Powell filed a writ of mandamus with the U.S. Court of Appeals for the District of Columbia asking it to order the trial court to dismiss the charges against Flynn. The appellate court ordered Sullivan to respond by close of business on June 1 and invited DOJ to file its own response as well.

In a sign of how important DOJ views the underlying constitutional issues in the case, the formal brief to the appellate court wasn’t just signed by the line attorney managing the government’s case. Instead, it was signed by Noel J. Francisco, the Solicitor General of the United States who is tasked with representing the U.S. government in the most important appellate cases across the country; Brian A. Benczkowski, the Assistant Attorney General and head of DOJ’s entire criminal division; Deputy Solicitors General Jeffrey B. Wall and Eric J. Feigin; assistants to the Solicitor General Frederick Liu and Vivek Suri; Michael R. Sherwin, the acting U.S. Attorney for the District of Columbia; Kenneth C. Kohl, the acting Principal Assistant United States Attorney for D.C.; and Jocelyn S. Ballantine, the line prosecutor handling the Flynn case at trial.

[More at link]


110 posted on 06/24/2020 2:51:25 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: gwjack

Judge Sullivan has just issued a stay on the July 16 hearing. Perhaps the adults are back in charge.


111 posted on 06/24/2020 3:41:36 PM PDT by centurion316
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To: centurion316

But it shouldn’t be stayed. It should be cancelled.


112 posted on 06/24/2020 3:49:10 PM PDT by ChineseTrumpFan
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To: little jeremiah

THANK YOU!!!! Posting on my Facebook page!!!!


113 posted on 06/24/2020 3:50:10 PM PDT by LouisianaJoanof Arc
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To: little jeremiah

Thanks again!! I am celebrating with wine and reading your posts!!!


114 posted on 06/24/2020 3:51:02 PM PDT by LouisianaJoanof Arc
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To: usconservative

Owwww!

Great news. I certainly hope so. Ruin them like they did to General Flynn, and then ensure they serve lots of “quality” time in the Hoosegow!


115 posted on 06/24/2020 4:07:19 PM PDT by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: ChineseTrumpFan
But it shouldn’t be stayed. It should be cancelled.

We'll see. Sullivan's masters at the Coup d'Etat cabal way see this as a useful delay. On the other hand, the rats might be ready to abandon the sinking ship. To avoid that, they could tell Sullivan to bring this to an end and put all of their chips into the riots and the weak kneed Republicans.

116 posted on 06/24/2020 4:45:54 PM PDT by centurion316
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To: centurion316
Judge Sullivan has just issued a stay on the July 16 hearing. Perhaps the adults are back in charge.

Just heard that, very good news.

117 posted on 06/24/2020 4:51:31 PM PDT by Irish Eyes
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To: circlecity

Guess he is hoping somehow supreme court with libs new friend Roberts will intervene. Ridiculous i know but never count out a lib


118 posted on 06/24/2020 5:34:49 PM PDT by pangaea6
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To: gwjack
Judge Sullivan is in contempt of court,...again , he ignored the order and set the dismissal aside again until mid July.

Why is it that socialists with deep state connections can break the law with impunity, yet patriotic americans get falsely accused and are forced to prove their innocence to a court that plays political bias, and prosecuters that hide exculpatory evidence with impunity

119 posted on 06/24/2020 7:00:10 PM PDT by KTM rider (why do I feel like I am living in a dystopian science fiction novel watching Liberty get defeated)
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To: KTM rider

Sullivan is buying time for the entire circuit to schedule an en banc hearing. Full circuit is majority democrats, and they will overturn the appeals court ruling. Next move will be to go to SCOTUS which will likely not hear it as Roberts will side with the liberal justices. That puts Flynn back under Sullivan who is just waiting to hammer him with at least a three year sentence.


120 posted on 06/24/2020 7:08:02 PM PDT by damper99
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