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U.S. court orders dismissal of case against former Trump aide Flynn

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U.S. court orders dismissal of case against former Trump aide Flynn

 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 a victory to the Justice Department in another twist to the politically charged case.

In a 2-1 decision, a panel of 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 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.

"In this case, the district court’s actions will result in specific harms to the exercise of the executive branch’s exclusive prosecutorial power," wrote Judge Neomi Rao, who was appointed by Trump.

"The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion," she added.

A source familiar with the matter told Reuters that Wednesday's ruling will likely be appealed to a larger panel of the federal appeals court.

Flynn, a retired Army lieutenant general, was one of several former Trump aides charged under former Special Counsel Robert Mueller's investigation that detailed Moscow's interference in the 2016 U.S. presidential election.

Flynn twice pleaded guilty to lying to the FBI about his conversations with Russia's then-ambassador, Sergey Kislyak.

He then switched lawyers to pursue a new scorched-earth tactic that accused the FBI of entrapping him, and asked the judge to dismiss the charge.

*********************************************

Thousands of people just rioted and looted stores, and nothing happens.

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 So U.S. District Judge Emmet Sullivan should appeal that decision to the US Supreme Court....

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1 hour ago, cigarjoe said:

 So U.S. District Judge Emmet Sullivan should appeal that decision to the US Supreme Court....

It would be interesting to see how the Supreme Court would rule.    Like some past rulings it might surprise  partisans on both sides.

 

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Is this a case that can go forward to the Supreme Court?  I suppose the first step would be for the original Judge to want to appeal it.

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16 minutes ago, Bogie56 said:

Is this a case that can go forward to the Supreme Court?  I suppose the first step would be for the original Judge to want to appeal it.

Exactly, drag it out in the courts forever seems to Twump and companies usual M.O. Turn the tables.

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12 minutes ago, cigarjoe said:

Exactly, drag it out in the courts forever seems to Twump and companies usual M.O. Turn the tables.

Flynn has probably paid millions in legal costs if that is some compensation.

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14 minutes ago, cigarjoe said:

Exactly, drag it out in the courts forever seems to Twump and companies usual M.O. Turn the tables.

True,  but in this specific case it would be the anti-Trump folks that would wish to drag it out in the courts.

I.e. if the Judge doesn't request an appeal,   this case is over and Flynn will not be charged.

 

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1 hour ago, jamesjazzguitar said:

True,  but in this specific case it would be the anti-Trump folks that would wish to drag it out in the courts.

I.e. if the Judge doesn't request an appeal,   this case is over and Flynn will not be charged.

 

That's what I meant by turn the tables

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18 minutes ago, cigarjoe said:

That's what I meant by turn the tables

Yea,  I was slow on the up-take!     Now I see how turn-the-tables relates to Bogie's comment about making Flynn spend more money.    

Keep it going until he is in the poor house (instead of,  it would appear,  the jail house!).

 

 

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2 hours ago, Bogie56 said:

Is this a case that can go forward to the Supreme Court?  I suppose the first step would be for the original Judge to want to appeal it.

No, it's not.    Judge Sullivan is not a PARTY to the case (only the government and General Flynn are).    In fact, only General Flynn has the right of "appeal" to a higher court.    Otherwise, every time the government LOST a case, it could appeal the verdict, thus putting  defendants in interminable jeopardy (double, triple, quadruple), etc.    Not a system you'd want to live under !

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2 hours ago, Bogie56 said:

Is this a case that can go forward to the Supreme Court?  I suppose the first step would be for the original Judge to want to appeal it.

  • Flynn's lawyers subsequently asked the D.C. Circuit Court of Appeals to order Judge Sullivan to drop the case.
  • In the meantime, an ex-judge appointed by Sullivan to review the case issued a scathing brief alleging that Flynn committed perjury and accusing the DOJ of a "corrupt, politically motivated" dismissal.

Worth noting: The majority opinion was written by Circuit Judge Neomi Rao, who was appointed in November 2018 to fill the seat vacated by Supreme Court Justice Brett Kavanaugh.

What's next: Sullivan could ask the full D.C. Court of Appeals to vote whether to rehear the panel decision. ............

https://www.axios.com/michael-flynn-appeals-court-judge-7fc2c840-35c9-4842-b2b7-d241d96a3fbf.html?utm_source=twitter&utm_medium=social&utm_campaign=organic&utm_content=1100

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liberals hate losing in court because those guys are supposed to be their boys.

:D

 

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47 minutes ago, NipkowDisc said:

liberals hate losing in court because those guys are supposed to be their boys.

:D

 

Ah,,,,,  poor Nipkow;   the last handful of court rulings has been around 60 \ 40 in favor of rulings that support the causes of the left.

In addition these rules had an impact to public policy (e.g.  diverting military funds for Trump's wall,    transgender rights etc....),   while the Flynn ruling is just political and has no impact to public policy.

I.e.  it is Trump and conservatives that have 'lost' more often in the last handful of court rulings than liberals. 

 

 

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