Posted on 07/30/2020 10:01:08 AM PDT by Pete from Shawnee Mission
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 20-5143 September Term, 20191:17-cr-00232-EGS-1Filed On: July 30, 2020In re: Michael T. Flynn,Petitioner
BEFORE:Srinivasan, Chief Judge, and Henderson, Rogers, Tatel, Garland,Griffith, Millett, Pillard, Wilkins, Katsas*, and Rao, Circuit Judges US Court of Appeals Columbia District
O R D E R
Upon consideration of the petition for rehearing en banc, the responses thereto, and the vote in favor of rehearing en banc by a majority of the judges eligible to participate, it is ORDERED that this case be reheard by the court sitting en banc.
It is FURTHER ORDERED that the court’s order filed June 24, 2020, be vacated.
It is FURTHER ORDERED that oral argument before the en banc court be heard at 9:30a.m. on Tuesday, August 11, 2020.
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).
A separate order will issue regarding the allocation of oral argument time.
Apparently I killed too many brain cells a long time ago.
What are you talking about?
Delay it til November and hope Trump loses...He knows were all the bodies are buried
What would a ruling favoring Judge Sullivan mean?
Profound Corruption.
“Man, I’m so discouraged”
Don’t be discouraged....be pissed.
See 40.
The Constitution, the Rule of Law, and our system of justice is dead. This will end up with the Supreme Court who will end this travesty, but if the Democrats win the election by take the Presidency, the Senate, and the House. every conservative man will receive the Flynn treatment and will be placed under house arrest under the supervision of some local Democrat female politician. They will need someone to run their errands, do the housekeeping, and look after the kiddies.
What’s your authority for these extraordinary assertions?
Here is the language from the Supreme Court's decision in Cheney that the order refers to (emphasis mine):
As the writ is one of “the most potent weapons in the judicial arsenal,” id., at 107, three conditions must be satisfied before it may issue. Kerr v. United States Dist. Court for Northern Dist. of Cal., 426 U. S. 394, 403 (1976). First, “the party seeking issuance of the writ [must] have no other adequate means to attain the relief he desires,” ibid.—a condition designed to ensure that the writ will not be used as a substitute for the regular appeals process, Fahey, supra, at 260.
Basically, it says a writ of mandamus can only be issued if the petitioner, in this case Flynn, has no other options to obtain the requested relief, such as a right to appeal. I honestly don't know what other options Flynn would have here. There is no case to appeal. That said, our entire legal system has now been turned into a mockery and anything is possible. It is beyond depressing.
A pardon cannot be overturned or vacated. It’s over. See the constitution.
If Flynn loses at the en banc level, he could appeal to SCOTUS, but that ends up 4-4 and Roberts to decide with his 5th vote. Scary thought.
The hearing may be in two weeks, but the decision won’t be for at least a month after that. And THAT IS THE POINT. Have you NOTICED that EVERY TIME a motion needs to be made, that it is done at the last possible moment? That’s because Flynn’s actual guilt is NOT the goal, but the DELAY UNTIL AFTER THE ELECTION.
This time, I predict the communist judges on the court to side with Sullivan, though not sure what Sullivan will legally be able to do. There is going to have to be one hell of a lot of legal gymnastics to occur for a ruling to benefit Sullivan to occur, but it will occur, and it will be up to Flynn to take it to SCOTUS...where unfortunately Roberts will side with Sullivan. And THAT’S the ballgame: Flynn is screwed.
I knew this would happen. The majority of the court is Clinton/Obama appointees.
That’s exactly what I thought. It8s a catch 22. Yes very depressing.
It would mean that Sullivan would not be required to dismiss the case and could sentence Flynn to prison. Flynn's only choice then would be to appeal the Court of Appeals' failure to issue the writ of mandamus to the Supreme Court. Obviously, that would delay the whole thing until after the election and the liberals' goal of silencing Flynn until then will have succeeded.
Unless Ruth dies first.
It does seem that our whole justice system is a joke.
From what I've seen, the entire Democrat party (politicians) is a criminal enterprise, but they have no worry of ever being brought to justice, because of corrupt judges.
Can anything be done to address this problem?
Ping me if he cites sources.
I read weeks ago but sorry can’t remember source, that there is NO gag order on Gen.Flynn.
Judge, jury and prosecutor Sullivan. I am sure he would add executioner if he thought he could get away with it.
He entered a plea of guilty which was accepted by the judge. That is essentially a conviction. I’m not saying that what the judge is doing is justified, he’s an ass, but there is a process and he controls it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.