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re: Appeals court orders Flynn charges to be dropped
Posted on 6/24/20 at 10:38 am to SlowFlowPro
Posted on 6/24/20 at 10:38 am to SlowFlowPro
So is this over, or can Sullivan pull another stall tactic out of his hat?
2
Posted on 6/24/20 at 10:40 am to cajunangelle
I don’t think Sullivan can.
Posted on 6/24/20 at 10:41 am to mightyMick
quote:
Sullivan will appeal all the way the the SC where liberals have a 5-4 advantage.
Serious question for attorneys - is that possible for a judge to appeal a ruling if he is not part of the case (defense or prosecution)?
Posted on 6/24/20 at 10:44 am to Shamwow
Wilkins (the dissenting judge) can ask the DC Court of Appeals to hear the case en banc (before the full body). If they reverse the panel, Flynn can appeal it to the Supreme Court but that would take months.
Posted on 6/24/20 at 11:01 am to the808bass
quote:
Well, this is over. Maybe?
I doubt it. This is a massive loss for the Obama/Democrat/MSM Baws!
Sullivan is staunch liberal activist judge. His instincts are to force it regardless of justice. He’s also not the sharpest tool in shed which is why he wasted our tax money to hire two attorneys to fight his fight. With a lifetime appointment he has nothing to lose, and can be easily manipulated to appeal.
Also there are 4 Obama appointees on the DC bench including the one that voted to continue the shite show. Obama judges are extremely dogmatic and activists.
50/50 it’s appealed.
Posted on 6/24/20 at 11:02 am to desertdweller
In the case of U.S. v. Sineneng-Smith, the Supreme Court held that the Ninth Circuit acted improperly by appointing three amici and directing them to brief issues that the judges wanted to consider — but the litigants had not raised.
"Justice Ruth Bader Ginsburg, writing for a unanimous Court, held:
In our adversarial system of adjudication, we follow the principle of party presentation … [O]ur system “is designed around the premise that [parties represented by competent counsel] know what is best for them, and are reponsible for advancing the facts and argument entitling them to relief.” Id., at 386 (Scalia, J., concurring in part and concurring in judgment).
In short: “[C]ourts are essentially passive instruments of government.” United States v. Samuels, 808 F. 2d 1298, 1301 (CA8 1987) (Arnold, J., concurring in denial of reh’g en banc)). They “do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.” Ibid."
Sullivan's appointment of a retired judge John Gleeson as amicus curiae to argue against dismissal, and to argue Flynn be held in criminal contempt was in absolute conflict with the recent Supreme Court ruling.
"Justice Ruth Bader Ginsburg, writing for a unanimous Court, held:
In our adversarial system of adjudication, we follow the principle of party presentation … [O]ur system “is designed around the premise that [parties represented by competent counsel] know what is best for them, and are reponsible for advancing the facts and argument entitling them to relief.” Id., at 386 (Scalia, J., concurring in part and concurring in judgment).
In short: “[C]ourts are essentially passive instruments of government.” United States v. Samuels, 808 F. 2d 1298, 1301 (CA8 1987) (Arnold, J., concurring in denial of reh’g en banc)). They “do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.” Ibid."
Sullivan's appointment of a retired judge John Gleeson as amicus curiae to argue against dismissal, and to argue Flynn be held in criminal contempt was in absolute conflict with the recent Supreme Court ruling.
Posted on 6/24/20 at 11:17 am to desertdweller
Huge! How is this not stickied?
Posted on 6/24/20 at 11:29 am to ImaObserver
quote:Should be tattooed on all SC justices as an eternal reminder.
In short: “[C]ourts are essentially passive instruments of government.” United States v. Samuels, 808 F. 2d 1298, 1301 (CA8 1987)
Posted on 6/24/20 at 11:30 am to cajunangelle
quote:
So is this over, or can Sullivan pull another stall tactic out of his hat?
What if Sullivan just... doesn't do it?
Posted on 6/24/20 at 11:56 am to PhDoogan
Now that the case is over and Flynn is unleashed im sure he can talk about the case now.
Do you understand what is about to be unleashed?
Do you understand what is about to be unleashed?
Posted on 6/24/20 at 12:04 pm to D500MAG
quote:
Do you understand what is about to be unleashed?
Nothing if Trump and Barr don’t get off their arse.
Posted on 6/24/20 at 12:16 pm to jamboybarry
quote:
Time to put Flynn back in the administration
Please let it be so. This would be the greatest ever.
Posted on 6/24/20 at 12:16 pm to SCLibertarian
I think the chief judge wrote the opinion. If so, given the strength of the law, I doubt they would vote to hear it en banc.
I do not see how judge Sullivan has any authority to do anything but dismiss asap.
I do not see how judge Sullivan has any authority to do anything but dismiss asap.
Posted on 6/24/20 at 12:19 pm to dafif
quote:
I do not see how judge Sullivan has any authority to do anything but dismiss asap.
Judges do whatever the hell they want and will continue to do so until there are real consequences.
Posted on 6/24/20 at 12:20 pm to dafif
Obama and Biden using the Justice Department to go after Flynn is an impeachable offense. You always know what the dems are guilty of by seeing what accusation they make against their opponents.
Posted on 6/24/20 at 12:52 pm to oogabooga68
Gen Flynn is on Rush right now.....awesome!
Posted on 6/24/20 at 12:54 pm to GumboPot
He just called live into Rush’s show.
ETA: He thanked Rush for the support, but said he would have more to talk about later.
ETA: He thanked Rush for the support, but said he would have more to talk about later.
This post was edited on 6/24/20 at 12:58 pm
Posted on 6/24/20 at 1:18 pm to the808bass
quote:He hasn't signed off on it yet.
I don’t think Sullivan can.
This could be a bad sign.
Posted on 6/24/20 at 1:22 pm to Magician2
Let's goooooo
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