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re: Judge Sullivan defies court order to respond himself, hires lawyer to explain decision

Posted on 5/24/20 at 10:53 am to
Posted by FlyingTiger1955
Member since Jan 2019
5765 posts
Posted on 5/24/20 at 10:53 am to
I am no lawyer, but it appears to me the Appeals Court is trying to justify a decision by Sullivan. This does not look like a slap at a judge, but more like a chance to say he really has good reasons for denying the dismissal. They can uphold him ultimately, knowing that he’ll have to go the Supreme Court. The Supremes won’t get around to it until after the election. This appears to me to be an attempt to run out the clock before the election, thus depriving Flynn and to a degree President Trump vindication.
Posted by teke184
Zachary, LA
Member since Jan 2007
96816 posts
Posted on 5/24/20 at 10:56 am to
They scheduled a hearing on the writ instead of denying it immediately because this is shady as hell and they wanted to give him a chance to either explain himself or reverse his actions.

Taking this particular action has to be seen as an affront to the court because they wanted HIM to respond, not his attorney.

What may have been a simple chiding before won’t be at this point.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99661 posts
Posted on 5/24/20 at 11:06 am to
quote:

I am no lawyer, but it appears to me the Appeals Court is trying to justify a decision by Sullivan. This does not look like a slap at a judge, but more like a chance to say he really has good reasons for denying the dismissal. They can uphold him ultimately, knowing that he’ll have to go the Supreme Court. The Supremes won’t get around to it until after the election. This appears to me to be an attempt to run out the clock before the election, thus depriving Flynn and to a degree President Trump vindication.


I am a lawyer and you are incorrect.

There is an avalanche of precedent against this - both from Sulluvan himself and the SCOTUS.

Also, he was ordered to file a brief and the prosecution and Flynn was invited to if they wished. If this was truly contested, there would be a briefing schedule where the movant (Flynn) would have to submit briefs in support of their motion and the Judge would then file his opposition/response.

The panel has basically said Flynn is entitled to this and you better have a spectacular fricking reason for what you are doing.
This post was edited on 5/24/20 at 11:27 am
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