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re: Breaking: D.C. Court of Appeals rejects Michael Flynn’s effort to have charges dismissed

Posted on 8/31/20 at 8:19 pm to
Posted by cajunangelle
Member since Oct 2012
146683 posts
Posted on 8/31/20 at 8:19 pm to
quote:

so Durham is chugging along.
7 days or in between before the release of the Durham report.

Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48935 posts
Posted on 8/31/20 at 8:21 pm to
quote:

Possibly the single most corrupt action I have ever seen from a "court of law".

Disgusting.




At least everyone knows that there is really no such thing as "justice"
Posted by Junky
Louisiana
Member since Oct 2005
8373 posts
Posted on 8/31/20 at 8:41 pm to
Are they overturning Fokker?
Posted by Uncle Stu
#AlbinoLivesMatter
Member since Aug 2004
33659 posts
Posted on 8/31/20 at 8:50 pm to
quote:

Are they overturning Fokker?

not....yet

Sullivan is dancing right up to that line though
Posted by Hurricane Mike
Member since Jun 2008
20059 posts
Posted on 8/31/20 at 8:57 pm to
quote:

He can't fire Barr or Wray 8 weeks before the election. The media/democrats would adore this.


bullshite

Wray should have been fired at any point in the last 3 years

The Dim's don't like Barr anyway

I'm tired of this election excuse bullshite. Are Dim's gonna start supporting Trump if he doesn't fire them? Are they gonna burn more buildings if he does?
Posted by dafif
Member since Jan 2019
5556 posts
Posted on 9/1/20 at 7:46 am to
Again, did not read the opinion but I’m guessing the gist of it is in some circumstances the judge can discover the reason for nolle prosse even though very little can be done. One argument is the ability to sanction the government for their actions if appropriate

We shall see. Whatever games being played, as others have said, doubt resolution before election
Posted by Uncle Stu
#AlbinoLivesMatter
Member since Aug 2004
33659 posts
Posted on 9/1/20 at 7:57 am to
quote:

did not read the opinion

of the en banc?

Here's a pretty quick summary
The appeals court basically ignored the amicus issue and the reassignment. They also steered clear of any Separation of Powers Rule 48 issues.

They reversed the earlier order of mandamus because they said that other relief was still an option. Their ruling stated that the defendant would only seek relief via mandamus when there is no other option. Alot of judges protecting judges here

They also insinuated that if the DOJ had sought the mandamus, instead of the defense, the issue of SoP was at play, and they may have been inclined to rule for dismissal. They also dropped a dime in there, that should Sullivan fail to follow Rule 48 this time around, if the prosecution were to file for mandamus, they would likely issue it immediately.

quote:

Whatever games being played, as others have said, doubt resolution before election


well, there is an order to Sullivan directly to act with "dispatch" - they expect him to move quick. We'll see, hopefully within a couple weeks
This post was edited on 9/1/20 at 8:01 am
Posted by dafif
Member since Jan 2019
5556 posts
Posted on 9/1/20 at 4:09 pm to
Fingers crossed
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