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

Posted on 5/21/20 at 9:04 pm to
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 5/21/20 at 9:04 pm to
quote:

Back off, guy! She's mine


I meant professionally...
Posted by Miner
Birmingport
Member since Nov 2017
973 posts
Posted on 5/21/20 at 9:08 pm to
quote:

him...possibly from a govt database of all communications


Like a "hammer"?
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 5/21/20 at 9:22 pm to
quote:

Otherwise, the Court is either a witness or a party, and then where does one turn for an impartial tribunal?



Contempt... that is the only issue that Powell's brief is light on. It is within the court's inherent authority, subject to abuse.

In Powell's brief, it is mentioned passively in the context of bias, where I think it should be, but... wondering if this is strategic baiting or a soft underbelly. Tend to think the former rather than the latter.
Posted by dafif
Member since Jan 2019
5574 posts
Posted on 5/21/20 at 10:13 pm to
Mentioned earlier regarding an "appeal" I do not believe a judge has the authority to appeal anything done by a superior court. The appeal would have to be taken by the litigants. Since neither will appeal an order of dismissal...case goes away. Judge does not have standing to appeal.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 5/22/20 at 6:20 am to
quote:

Has Hank weighed in yet to tell us how this is wrong, overreach, possibly unconstitutional and bad jurisprudence?


Nah, he's still in hiding after being outed as a rapist supporting, creepy little perv last week.

He's probably been scouring his post History, heavily editing some of the creepy things he admitted to doing while in college.

Don't worry tho', like most Sociopaths, he'll be back and pretend nothing happened, blaming it on the boards' ignorance.
Posted by cajunangelle
Member since Oct 2012
146831 posts
Posted on 5/22/20 at 8:54 am to
who thinks that Sullivan will delay until the last day possible?
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36050 posts
Posted on 5/22/20 at 8:55 am to
Most certainly. And it wouldn't surprise me if his response was actually drafted by Gleeson and his firm.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/22/20 at 1:08 pm to
Why hasn’t anyone filed ethics complaints against Sullivan yet? The dude has literally violated every judicial ethical rule starting with accusing Flynn of treason out of nowhere in open court to refusing to dismiss this case in violation of controlling DC Circuit and SCOTUS precedent and soliciting amicus briefs to oppose the motion. If a Republican or conservative judge anywhere in America (like Roy Moore with the stuff he pulled in Bama) pulled this crap, they would get investigated, thrown off the bench, and ostracized for the rest of time. Total double standard.
Posted by cajunangelle
Member since Oct 2012
146831 posts
Posted on 5/22/20 at 1:12 pm to
Why hasn’t anyone filed ethics complaints against Sullivan yet?

Why hasn’t anyone filed ethics complaints against Van Grack yet?

Why hasn’t anyone filed ethics complaints against the watergate lawyers yet?

Why hasn’t anyone filed ethics complaints against Weissmann yet?

Why hasn’t anyone filed ethics complaints against all of honest Bob's SC lawyers yet?

Why hasn’t anyone filed ethics complaints against Jackson the hack Judge on Stone's case yet?

Why hasn’t anyone filed ethics complaints against DWS's brother regarding the Seth Rich Case yet?
Posted by Eternally Undefeated
Member since Aug 2008
899 posts
Posted on 5/22/20 at 6:14 pm to
The conviction would not be final until after the appellate delays have run should no appeal be pursued following sentencing. Because the motion to dismiss was filed prior to sentencing and prior to the expiration of those delays, I think it obviates the plea.

As an analogy, even if someone were convicted by a 12 person jury, that conviction is overturned by application of law should that defendant die before he/she can finish the appellate process.
Posted by teke184
Zachary, LA
Member since Jan 2007
95633 posts
Posted on 5/22/20 at 6:17 pm to
Sounds familiar.

Wasn’t Aaron Hernandez’ murder conviction overturned for the same reason?

He had been serving time for it when he committed suicide but it was working its way through the appellate courts at that moment.
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