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US Court of Appeals grants EnBanc Hearing for Gen. Flynn 9:30 am August 11
US Court of Appeals Columbia District ^ | July 30, 2020 | United States Court of Appeals

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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: enbanc; flynn; mandamus; powell; sidneypowell
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To: dufekin

“The judge still can sentence Flynn. The pardon, if not vacated or overturned”

wrong, wrong, wrong ... Presidential pardons are Constitutionally absolute ... period ...

https://en.wikipedia.org/wiki/Pardon#United_States


81 posted on 07/30/2020 11:52:55 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: euclid216
>>Trump cannot issue a pardon, because Flynn hasn’t been sentenced.<<

Oh..ok. I understood it to be...commute a sentence / pardon the crime. Either way..Flynn will never see the inside of a prison cell.

82 posted on 07/30/2020 11:54:43 AM PDT by servantboy777
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To: euclid216

“Flynn and Sidney Powell do not want a pardon,”

I totally understand. I was just pointing out there doesn’t have to be a sentence before a pardon can be issued.


83 posted on 07/30/2020 11:57:36 AM PDT by alternatives?
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To: euclid216

What was she supposed to do?


84 posted on 07/30/2020 11:59:00 AM PDT by gcparent (Justice Brett Kavanaugh)
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To: Hieronymus

How do you know that? I grew up in the 1960s. I don’t drink, smoke or use drugs.


85 posted on 07/30/2020 12:01:25 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: Baldwin77

Might as well cheer up and go on with life. There will be no justice in the Russia Hoax. It’s going to be stall, stall, and stall some more. They’re hoping that Biden wins and the crooks can go free.


86 posted on 07/30/2020 12:05:55 PM PDT by abbastanza
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To: servantboy777

That’s what the other side is hoping for.


87 posted on 07/30/2020 12:08:46 PM PDT by Gahanna Bob
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To: catnipman
“I suspect they want to push POTUS into issuing a pardon.”

The way I expect this to play out is for the full circuit to rule in favor of Judge Sullivan. When Flynn's lawyer appeals to the Supremes, they will refuse to hear it and that puts Flynn back under Sullivan's control. Sullivan will give Flynn a sentence of about 3 years, which will force Trump's hand on a pardon.

88 posted on 07/30/2020 12:14:59 PM PDT by damper99
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To: Pete from Shawnee Mission

bkmk


89 posted on 07/30/2020 12:34:25 PM PDT by sauropod (I will not comply.)
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To: KevinB

“but will take three months to render their decision”
*****************
It’s called a gag order in order to influence the election.


90 posted on 07/30/2020 12:34:53 PM PDT by Yulee
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To: gcparent

Still need Amy Coney Barret nominated, confirmed, and seated by the court in time for the initial hearing. Even if RBG croaks tomorrow, and Trump nominates Coney Barret on Monday, she won’t be confirmed and seated before the election. And when the DC en banc rules against Flynn (which it must, based on the fact they TOOK the damn case in the first place!), then even if the case is heard with only 8, then Roberts will join the three remaining liberals, creating a 4-4 split, tie going to Sullivan. So Flynn is f-d.


91 posted on 07/30/2020 1:19:05 PM PDT by GOP Congress
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To: faucetman

Possibly.


92 posted on 07/30/2020 1:37:08 PM PDT by Husker24
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To: GOP Congress
(which it must, based on the fact they TOOK the damn case in the first place!),

They will have to turn themselves into pretzels to do so. See post 78.

93 posted on 07/30/2020 1:52:03 PM PDT by KevinB (Quite literally, whatever the Left touches it ruins.)
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To: MarvinStinson

Vexatious litigation as a political weapon against POTUS and anyone who supports him. They want this dragged all the way to the S.C.


94 posted on 07/30/2020 1:59:25 PM PDT by Pete from Shawnee Mission
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To: euclid216

“””Trump cannot issue a pardon, because Flynn hasn’t been sentenced.”””

He can be pardoned at any time. Remember Nixon being pardoned by Ford?


95 posted on 07/30/2020 2:19:17 PM PDT by shelterguy
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To: Pete from Shawnee Mission

Looks like this will be decided by the Supreme Court like I always thought it would. The democrats will not let Flynn go if they can help it and democratic Judge Emmett Sullivan is thinking he will win. He was simply trying to drag this out as long as possible to have the most effect on the November election.


96 posted on 07/30/2020 2:33:41 PM PDT by maxwellsmart_agent
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To: j.havenfarm

Ditto.


97 posted on 07/30/2020 2:33:52 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: Hieronymus

I got that right off. Just don’t know what you mean by it.


98 posted on 07/30/2020 3:12:22 PM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there..)
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To: alternatives?

Nixon was pardoned.....


99 posted on 07/30/2020 3:21:07 PM PDT by Sacajaweau
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To: GOP Congress

The norm is one-two months from nomination to confirmation.


100 posted on 07/30/2020 3:22:00 PM PDT by Sacajaweau
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