posted June 24, 2020 02:19 PM            

The U.S. Court of Appeals for the District of Columbia ruled 2-1 Wednesday that a lower court must grant a request by the Department of Justice (DOJ) to drop its case against former National Security Adviser Lt. Gen. Michael Flynn (Ret.).

Flynn won his request for a writ of mandamus ordering Judge Emmet Sullivan to grant the DOJ’s motion last month.

The appeals court order states:

Upon consideration of the emergency petition for a writ of mandamus, the responses thereto, and the reply, the briefs of amici curiae in support of the parties, and the argument by counsel, it is ORDERED that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s Rule 48(a) motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date.

The appeals court judges in the case were: Karen Henderson, Robert Wilkins, and Neomi Rao. Wilkins is a former President Obama appointee, Rao is a President Trump appointee, and Henderson is a former President George H.W. Bush appointee.

BREAKING – DC Circuit Court of Appeals rules Michael Flynn case can end and DOJ’s request to drop charges be accepted by the federal district court. pic.twitter.com/qPWmyZlO6M

— Darren Samuelsohn (@dsamuelsohn) June 24, 2020

Rao states in her majority decision:

[T]his is plainly not the rare case where further judicial inquiry is warranted. To begin with, Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment. Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.

Rao’s opinion also makes a constitutional point: “The circumstances of this case demonstrate that mandamus is appropriate to prevent the judicial usurpation of executive power.”

The order also prevents Judge Sullivan from hearing amicus curiae (“friend of the court”) briefs in the case. Sullivan had appointed retired Judge John Gleeson, who had criticized the Trump administration, to argue against dismissing the case.

The court did deny Flynn’s request to have the case reassigned from Sullivan to another judge.

The ruling by the appeals court is a major victory for Flynn and attorney Sidney Powell, and a defeat for special counsel Robert Mueller, former FBI Director James Comey, and “deep state” partisans who had sought to convict Flynn in their pursuit of false allegations of “Russian collusion” against Trump and his 2016 presidential campaign.

Flynn had pleaded guilty of lying to the FBI in 2017, though the FBI itself believed he had not done so. He was allegedly pressured to offer a guilty plea. The FBI was forced to reveal exculpatory evidence after Attorney General William Barr assigned U.S. Attorney Jeffrey Jensen to review irregularities in the case earlier this year.

posted June 24, 2020 06:34 PM            

"In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn's petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are HEREBY STAYED."

posted June 24, 2020 07:00 PM            

quote:

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Originally posted by jwhop:

[T]his is plainly not the rare case where further judicial inquiry is warranted. To begin with, Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment. Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.

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Excerpt from majority opinion by Judge Rao

The "newly discovered evidence casting Flynn's guilt into doubt," could be a reference to Peter Strzok Notes from January 4, 2017 that show the Obama/Biden plot against General Flynn. The Comey quote is particularly relevant.

Discussion among Obama, Comey, Yates, Biden, and Susan Rice.

Biden: "Logan Act"

Obama: "Have the right people on" Flynn case.

Comey: The Flynn/Kislyak calls "appear legit."

https://twitter.com/Techno_Fog/status/1275803339738021890

posted June 26, 2020 02:31 PM            

"It’s really the American public that has to continue to step up," the retired Army lieutenant general said on the Sean Hannity Show. "If you want to breathe the fresh air of liberty, you have to fight, you have to sacrifice, you have to have the courage and the resolve to do that.”

Flynn attorney Sidney Powell said on the Hannity radio show that the case "shows how fragile the rule of law is, and how easily it can be lost."

The ruling Wednesday shows what happens when "judges are results-driven and not law-driven," Powell said. 

https://justthenews.com/government/flynn-americans-have-continue-step-if-they-want-breathe-fresh-air-liberty

posted June 26, 2020 02:45 PM            

Great posts!

posted June 26, 2020 05:44 PM            

quote:

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Originally posted by teasel:
It's astounding to me, how much you will defend the corruption from all of them. Including and especially from your president.

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More blither, blather and bloviating bullshiite. Embarrassing!

posted June 26, 2020 05:52 PM            

quote:

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Originally posted by jwhop:
More blither, blather and bloviating bullshiite. Embarrassing!

Unless, you would care to specify exactly what corruption Trump committed AND back up your allegation with credible FACTS.

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posted June 26, 2020 05:54 PM            

quote:

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Originally posted by teasel:
An extensive list that you never pay attention to.

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posted June 26, 2020 06:01 PM            

quote:

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Originally posted by jwhop:

Couldn't find anything so, you're punting...as usual.

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posted June 26, 2020 07:28 PM            

quote:

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Originally posted by teasel:
Posted before, you ignore or make excuses. It's Friday evening, I actually have better things to do, even when we still have something of a quarantine going on.

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posted June 26, 2020 07:41 PM            

quote:

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Originally posted by jwhop:
@Dhyana

Great posts!

Btw, when you're posting a link to a story, you can make it a hot link by deleting the 's' in https...eliminating the need to copy and paste the link.

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Thanks, jwhop! And thanks for the tip!