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Flynn mandamus alloted to judges b/f DC Cir. Ct. of Appeal- Sullivan ordered to brief ct

Posted on 5/21/20 at 2:29 pm
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 5/21/20 at 2:29 pm


Judge Henderson - GHW Bush Appointee

Judge Wilkins - Obama Appointee

Judge Rao - Trump Appointee


Techno Frog twatter
Posted by teke184
Zachary, LA
Member since Jan 2007
95429 posts
Posted on 5/21/20 at 2:30 pm to
What’s more likely to happen, Sullivan reverses course and dismisses or he goes before the panel to argue how his horseshite is above board?
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69297 posts
Posted on 5/21/20 at 2:30 pm to
Posted by moneyg
Member since Jun 2006
56491 posts
Posted on 5/21/20 at 2:32 pm to
quote:

What’s more likely to happen, Sullivan reverses course and dismisses


Is that an option?
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11806 posts
Posted on 5/21/20 at 2:32 pm to
yea, but he will use up 9 or the 10 days allocated to him before that happens.....
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 5/21/20 at 2:34 pm to
If I understand it correctly, it means

Judge Sullivan -
Posted by PsychTiger
Member since Jul 2004
99001 posts
Posted on 5/21/20 at 2:34 pm to
I get the gist of it, but it would be nice if they used English.
Posted by Fun Bunch
New Orleans
Member since May 2008
115789 posts
Posted on 5/21/20 at 2:35 pm to
I mean the Supreme Court just had a 9-0 decision on this very issue like 2 weeks ago.

9-0. Even fricking Sotamayor who is a disgrace to the Court agreed.

This will be knocked out with the quickness
Posted by Bwmdx
Member since Dec 2018
2760 posts
Posted on 5/21/20 at 2:35 pm to
Didn’t the Supreme Court just on something very similar to this a couple days ago? I doubt he or the Appeals court want to send another case up to the Supreme Court to just be swatted back out.
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 5/21/20 at 2:38 pm to


Sullivan is not just being required to give his legal reasons for ruling a certain way, he is being ordered by the court to address every point raised by Flynn. So, effectively shifting the posture of the case from US vs. Flynn to Flynn v. Sullivan. And he has 10 days to do it, which is satisfying to see the shoe on the other foot, so to speak.

Also, the composition of the judges on the panel may give you some indication of their predispositions based on who appointed them.
Posted by jatilen
Member since May 2020
13608 posts
Posted on 5/21/20 at 2:46 pm to
Sullivan just shite his pants.

Rao is Neomi Rao and is MAGA all the way. She recently ruled the House couldn't subpoena Trump's records from accounting firm Mazars.

Henderson is Karen Henderson who recently ruled that the House couldn't enforce a subpoena against Don McGahn.

Don't be surprised if Sullivan changes his mind and backtracks so he isn't publicly humiliated by losing this fight.
This post was edited on 5/21/20 at 2:48 pm
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 5/21/20 at 2:48 pm to
quote:

What’s more likely to happen, Sullivan reverses course and dismisses


Is that an option?


I think it is, but may be a couple of unusual procedural steps given the current posture and would make him look foolish for having ever taken this position, but he may rather that than getting smacked down by the court of appeals for being a tyrannical prick.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/21/20 at 2:48 pm to
quote:

Judge Henderson - GHW Bush Appointee

Judge Wilkins - Obama Appointee

Judge Rao - Trump Appointee


Rao is the sure fire yes.

Henderson is going to be wild card and swing vote here but she should be a yes in the end.

By the way, I can't wait to read Sullivan's response to Mandamus and see what kind of absurd rationale he comes up with. It's going to be a hoot.
This post was edited on 5/21/20 at 2:49 pm
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7178 posts
Posted on 5/21/20 at 2:53 pm to
Flynn filed an "Emergency Petition for Writ of Mandamus" with the DC Circuit Court of Appeals asking them to order the trial court to grant the Government's motion to dismiss the case against Flynn. In legalese the order from the Circuit Court to the trial court is a "writ of mandamus." The order in the post tells the trial court that such a request has been filed, so now the trial court has ten days to explain why it is not issuing the order. The Government is invited to file a brief, too, but is not required to do so.
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48352 posts
Posted on 5/21/20 at 2:54 pm to
This is good news.

Writ of Mandamus - court tells an inferior official to DO YOUR JOB, YOU MORON.

Marbury v. Madison arose out of just such a Writ. This is maybe the most famous case in all of Jurisprudence. It was a HUUUUGE mistake. The SCOTUS should NEVER have been given the Power of Judicial Review.

I hope that a Writ of Mandamus can finally do something good instead of evil.
Posted by TheRoarRestoredInBR
Member since Dec 2004
30290 posts
Posted on 5/21/20 at 2:58 pm to
At this point, I'd swear Soros and the cabal toss around cash bonuses for antics..like Dana White & UFC fight card performances..maybe make side bets with each other like whales and wiseguys on a golf coure?

Crazy Pills.
Posted by cajunangelle
Member since Oct 2012
146746 posts
Posted on 5/21/20 at 2:59 pm to
just in case this was lost in the news of corruption we won't see in the MSM

Posted by udtiger
Over your left shoulder
Member since Nov 2006
98775 posts
Posted on 5/21/20 at 3:03 pm to
Translation: Do you REALLY want to do this?
Posted by cajunangelle
Member since Oct 2012
146746 posts
Posted on 5/21/20 at 3:07 pm to
being that Van Grack pulled out of all of his cases. where is he? fired? was he put aside until this passes? does he lose his pension but gets a gofundme?

who represents the DOJ to say AGAIN they dropped the case?

does the DOJ have to say it again? who replaces a govt DOJ lawyer that disappears when a case is dropped?

a govt DOJ lawyer. is Barr not embarrassed? we should all be ashamed that our fricking govt takes their ball and runs home in corruption and disappears.

Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/21/20 at 3:07 pm to
quote:

Translation: Do you REALLY want to do this?



Sullivan's response is going to contain some of the most absurd and stupid rationale and will try to argue against precedent that is not only controlling in the DC circuit but literally argue against a 9-0 decision from SCOTUS two weeks ago prohibiting the same kind of 3rd party briefs that Sullivan is permitting.
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