Judge can move forward with Flynn hearing, appeals court says

[In It to Win It]

The full D.C. Circuit Court of Appeals has ruled that lower-court Judge Emmet Sullivan may hear arguments over the Justice Department's request to dismiss the case against former Trump national security adviser Michael Flynn, upending a smaller panel's ruling.

https://www.politico.com/news/2020/08/31/judge-can-move-forward-with-flynn-hearing-appeals-court-says-406066

[KS Toronado]

1. "The full D.C. Circuit Court of Appeals has ruled", has a nice ring to it.

[Stallion]

2. Which Means Judge Can Ask Pointed Questions and Demand Answers from Justice Prosecutors...

to establish the basis and reasons for their decision to dismiss the charges. Justice Department will initially bear a burden of proof on the reasons for dropping the charges to which Flynn has already pled guilty. Could make for some interesting Court drama with this judge

[ScratchCat]

8. THIS is what they REALLY don't want

There is no explanation other than "Trump said to do this". The original prosecuting team already resigned over this too. This is going to be fun. Watch them reverse course now and say "never mind, sentence him".

[soothsayer]

3. Count it as a win for the rule of law & a loss for the Barr's politicization of DOJ, which supported

Link to tweet

?s=21

Jennifer Taub
·
Aug 31, 2020
Niiiiiiice

Joshua A. Geltzer
@jgeltzer
JUST IN:

DC Circuit, en banc, DENIES Flynn's request for emergency relief.

This is the most normal thing to happen in Flynn's case for a long, long time.

Count it as a win for the rule of law & a loss for the Barr's politicization of DOJ, which supported Flynn here.

Jennifer Taub
@jentaub
What this means is that Judge Sullivan gets to hold his hearings and decide whether or not to allow the prosecutors to dismiss Flynn's case after his guilty plea. Expect an appeal to SCOTUS.

[genxlib]

4. That is an ass kicking

Panel ruled 8-2. Not even close.

If I recall, the earlier ruling was 2-1 in the opposite direction before the Judge appealed for the case to go to the entire panel ("en banc" )

If I interpret that correctly, the only votes to let Flynn go were the original 2. All of the other judges put him back into the wringer.

I suspect it will go to the Supreme Court where they will do what they always do. SO not sure it will hold up. But good to see a good smack-down in the meantime.

Would love to hear from some of our legal experts as to meaning.

[Frasier Balzov]

5. The issue may look too political for SCOTUS.

They could decline to hear it and let the Circuit Court ruling stand. Especially with that 8-2 vote to back it up.

[yellowcanine]

6. I believe even this SCOTUS will not want to second guess an 8-2 ruling.

As you said, that is an ass kicking and probably reflects what would happen at SCOTUS as well, if they even agree to hear it, which I think is doubtful.

[UTUSN]

7. K&R for, hear hear!