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FLYNNíS LAWYER FILES PETITION FOR WRIT OF MANDAMUS
Powerline ^ | May 19,2020 | BY PAUL MIRENGOFF

Posted on 05/19/2020 4:23:51 PM PDT by Hojczyk

It seemed to me that the prospects aren’t good because Sullivan hasn’t yet ruled on the government’s motion to dismiss. I hope I’m wrong.

The petition Powell filed on Gen. Flynn’s behalf does not mince words. Here are the key passages regarding dismissal of the case against Flynn:

Petitioner, through no fault of his own, has been drawn into a Kafkaesque nightmare that is a cross between The Trial and In the Penal Colony. He has been subjected to deception, abuse, penury, obloquy, and humiliation.

Having risked his life in service to his country, he has found himself the target of a political vendetta designed to strip him of his honor and savings, and to deprive the President of his advice. He has been dragged through the mud and forced, through coercion and the artful withholding of information crucial to his defense, to confess to a crime he did not commit—indeed, to a crime that could not exist.

Having at last, through the relentless determination of his current counsel, brought the truth to light, he now learns that the judge who is charged with adjudicating his case impartially has, in Judge Posner’s words, decided to “play[] … U.S. Attorney.” The equities demand an end to this nightmare and restoration of General Flynn’s freedom and peace of mind. . . .

[T]he reputation of the judiciary is in jeopardy. As the Chief Justice memorably stated at his confirmation hearings, the function of a judge in our system of government is to “call balls and strikes, and not to pitch or bat.” The district judge in this case has abandoned any pretense of being an objective umpire—going to so far as to suggest that a criminal defendant who succumbs to a coerced and unfair plea bargain should be prosecuted for contempt.

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


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: bloggers; powerlineblog

1 posted on 05/19/2020 4:23:51 PM PDT by Hojczyk
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To: Hojczyk

Tar,feathers,rail.


2 posted on 05/19/2020 4:36:10 PM PDT by HighSierra5
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To: Hojczyk
t seemed to me that the prospects aren’t good because Sullivan hasn’t yet ruled on the government’s motion to dismiss.

He did rule by ignoring it and inviting an amicus to gather facts and argue the case against dismissal. When you start to play tiddlywinks rather than umpire baseball, you are way out of bounds, and a writ of mandamus is designed to fix that.

As Powell argued in her brief

"[w]hen the writ of mandamus is sought from an appellate court to confine a trial court to a lawful exercise of its prescribed authority, the court should issue the writ almost as a matter of course." In Re Reyes, 814 F.2d 168, 170 (5th Cir. 1987). If there is “a threshold question concerning ... jurisdiction to review the district court’s interlocutory order ... [this Court] first consider[s] whether the district court legally erred.” Fokker Servs., 818 F.3d at 740.

3 posted on 05/19/2020 4:36:43 PM PDT by AndyJackson
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To: AndyJackson
Gregg Jarrett:
“It is highly likely that the defense will prevail, notwithstanding the best efforts of Sullivan to turn the law upside down. This is because the trial court judge has no authority whatsoever to usurp the power of the Department of Justice (DOJ), which uncovered the exculpatory evidence of Flynn’s innocence and decided to drop the case entirely.”

http://freerepublic.com/focus/f-news/3846661/posts

4 posted on 05/19/2020 4:59:13 PM PDT by SmokingJoe
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To: SmokingJoe

19 May: Gateway Pundit: BREAKING: Full Text of Susan Rice’s January 20, 2017 Email About Secret Oval Office Meeting Released – Comey and Obama Targeted Flynn!
By Cristina Laila
Acting DNI Richard Grenell on Tuesday declassified the remaining portion of Susan Rice’s email.
CBS reporter Catherine Herridge obtained the declassified email and released it to the public (screenshot below)...

The newly declassified portion of the email once again implicates Barack Obama and Comey!...
Tom Fitton said a special counsel should be appointed to investigate the seditious conspiracy...
https://www.thegatewaypundit.com/2020/05/breaking-susan-rices-january-20-2017-email-secret-oval-office-meeting-released-comey-obama-targeted-flynn/

Tweet: Catherine Herridge, CBS
DEVELOPING: Declassified Rice email documenting WH meeting 1/5/2017 obtained @CBSNews
19 May 2020
https://twitter.com/CBS_Herridge/status/1262820374548447238/photo/1


5 posted on 05/19/2020 5:01:36 PM PDT by MAGAthon
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To: AndyJackson

The government dropped the charges because the evidence strongly suggests that the DOJ and FBI manipulated and manufactured evidence to pressure him into a plea. They denied him due process. They admit to their machinations in writing multiple times (handwritten documents, texts, emails) indicating their objective was not justice for a criminal action but a vendetta or fear of him being placed in a position of power over them.

There is no case here. The DOJ withdrew. The judge is way out of bounds in refusing the dismissal. It should have been dropped the minute the DOJ withdrew the charges, further indicating the miscarriage of justice that has marred this case from the beginning.

And it is so bad, the lies and deception by the DOJ so egregious that this judge went so far as to accuse Flynn of Treason! He should be ashamed of that remark and punish the prosecutors and investigators for their abuse of power.


6 posted on 05/19/2020 5:03:29 PM PDT by monkeyshine (live and let live is dead)
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To: Hojczyk

Unfortunately, Sullivan knows the DC Circuit has his back on this one, and will deny the request. We are well beyond the court system as you and I know it, but a completely hijacked system that upends the Constitution.

In a rational world, every federal judge would be a clone of Clarence Thomas. Anyone who says that judges have to “interpret” the Constitution may as well use the Constitution as toilet paper.


7 posted on 05/19/2020 5:15:52 PM PDT by GOP Congress
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To: monkeyshine

Mandamus should force the judge to stop screwing around.


8 posted on 05/19/2020 5:21:09 PM PDT by bigbob (Trust Trump. Trust the Plan)
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To: GOP Congress

DC court has already ruled on friend of court in these cases. So has Supreme Court, in a decusion written by Ginsburg. DC court is half pub appointment, and half rat.


9 posted on 05/19/2020 5:42:12 PM PDT by Fido969 (In!)
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To: GOP Congress
Sullivan knows the DC Circuit has his back on this one

And then it goes to the Supreme Court.

10 posted on 05/19/2020 5:42:13 PM PDT by AndyJackson
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To: GOP Congress

DC court has already ruled on friend of court in these cases. So has Supreme Court, in a decusion written by Ginsburg. DC court is half pub appointment, and half rat.


11 posted on 05/19/2020 5:43:46 PM PDT by Fido969 (In!)
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To: AndyJackson

I am not sure how thrilled the circuit court will be to allow Sullivan to conduct a political three ring circus over an issue that the courts have been pretty clear on. I think there is a 50/50 chance they grant Powell’s petition even though they would normally not do it until Sullivan has actually ruled. The is a simple question of justice here. The end result is clear. The case must be dismissed and allowing Sullivan to further bankrupt Flynn is pretty much unconscionable.


12 posted on 05/19/2020 6:48:37 PM PDT by your other brother
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To: your other brother
I think there is a 50/50 chance they grant Powell’s petition even though they would normally not do it until Sullivan has actually ruled.

He has ruled to ask amici to brief rather than dismissing as he is bound to do. And, it's mandamus, which is interlocutory in nature, not appeal from a final judgment.

13 posted on 05/19/2020 6:53:37 PM PDT by AndyJackson
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To: Hojczyk
Chief Justice John Roberts is singularly capable of slithering around judicial holdings in order to protect and advance his conception of the integrity of his court. We saw that in the Obamacare cases and we saw his personal motivations revealed in his public rebuke of President Trump absurdly asserting that there are no Obama judges.

But the Chief Justice must now really feel his options are closing. The Cavanaugh hearings ripped open an old scab over a perennial but still festering wound, the fact that the Supreme Court has become a super legislature and a super administrative state whose overreach compels political interests to protect themselves by fighting over appointments to the courts.

First the Democrats did away with the filibuster concerning appointments to inferior federal courts and then the Republicans returned the favor concerning appointments to the Supreme Court. A man of many faults, Mitch McConnell nevertheless has acted with unaccustomed alacrity in filling vacancy on the court with purportedly conservative judges and justices. The pretext is falling away, Republicans are virtually openly acknowledging that we have to get our judges into the system while we can because the system is broken otherwise.

All of this is another way of saying that the Democrats have politicized the court system and the Republicans have finally if belatedly acted in self-defense. I believe that John Roberts is far less concerned about the politicization of the court than he is about the appearance of politicization of the court. After all, Roberts himself has demonstrated a keen ability to play politics.

Now comes the Flynn fiasco and, thanks to the overreach of Judge Sullivan, the partisanship of his court as a metaphor for the entire broken court system is now undeniable and unavoidable even by the left-wing media, a metaphor that will be exposed for the whole world to see day after day.

I have no idea how the Court of Appeals will react to the application for mandamus brought on by Flynn's attorney but I would bet that Chief Justice Roberts would like to see a sure and quick ending to this fiasco, not so much for the preservation of justice but for the preservation of the reputation of his court and his subordinate courts. If the Court of Appeals fails to act and take the matter out of Sullivan's hands, Sullivan will get his way and the whole fiasco will play out on the front pages at least into July . Roberts cannot want that.

Ultimately, this matter might well get to the Supreme Court because it does touch on separation of powers between the executive and judicial branches and it has much to do with due process of general Flynn and, finally, it requires serious attention as to how court procedures should be administered.

Sooner or later, Chief Justice John Roberts and the rest of those leftists on the Supreme Court will have to do what is necessary to save the court and, perhaps incidentally to their consideration, save the Constitution and the rule of law in America.


14 posted on 05/19/2020 7:58:44 PM PDT by nathanbedford (attack, repeat, attack! Bull Halsey)
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To: monkeyshine
My view is that Sullivan will dismiss the case but pursue vigorously the contempt of court/perjury aspect in order to protect the Moeller people and rough Flynn up in the process.

To the degree that he can accomplish those 2 purposes, the Flynn effect on the election will be minimized which I assume is the only motivation provoking Sullivan's strange behavior.


15 posted on 05/19/2020 8:06:15 PM PDT by nathanbedford (attack, repeat, attack! Bull Halsey)
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To: AndyJackson

DC Circuit will not hear it, or if they will they will turn it down. Next show will be the SCOTUS reversing itself from the 9-0 decision they handed down last month. The fix is in, they want to pressure Trump to have to pardon Flynn.


16 posted on 05/20/2020 10:57:56 AM PDT by damper99
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To: Fido969

Keep in mind that Flynn is an “all hands on deck, eliminate at all costs” type of individual whom the Democrats greatly need suppressed. I’d say he’s the third biggest priority, with keeping the House on the Democrat side at number two, and of course eliminating Orange Man Bad is Job One.


17 posted on 05/21/2020 1:33:25 PM PDT by GOP Congress
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