D.C. Appeals Court to Hear Flynn Arguments en Banc

[piezoe]

As I predicted it would, the D.C. Court of Appeals, in a relatively rare occurrence, has just announced it would re-hear the Flynn case en Banc in which Flynn appealed the decision of District Court Judge Sullivan to hear arguments why the DOJ's belated request to withdraw its prosecution of Flynn, despite Flynn's guilty plea, should compel Judge Sullivan to dismiss the case without sentencing Flynn. An earlier panel decision sent down an order to Sullivan to dismiss the case without a further hearing in the District Court. The decision of the full Court to re-hear the Flynn Appeal en Banc means that the previous split decision of the three-judge appeals court panel is vacated.

I predict the en Banc Court will permit Sullivan to proceed with a hearing, which is likely to result in Flynn's sentencing by Sullivan and a Trump pardon.

I base my opinion on my reading of the three panel opinions, in particular the one dissenting opinion, and Judge Sullivan's earlier, expressed opinion of the nature and gravity of the crimes to which Flynn has plead.

 

[Cuddles]

Trump may as well issue a pardon instead of going through the embarrassment of having the previous ruling laughed at.

 

[TreeFrogTrader]

As I predicted it would, the D.C. Court of Appeals, in a relatively rare occurrence, has just announced it would re-hear the Flynn case en Banc in which Flynn appealed the decision of District Court Judge Sullivan to hear arguments why the DOJ's belated request to withdraw its prosecution of Flynn, despite Flynn's guilty plea, should compel Judge Sullivan to dismiss the case without sentencing Flynn. An earlier panel decision sent down an order to Sullivan to dismiss the case without a further hearing in the District Court. The decision of the full Court to re-hear the Flynn Appeal en Banc means that the previous split decision of the three-judge appeals court panel is vacated.

I predict the en Banc Court will permit Sullivan to proceed with a hearing, which is likely to result in Flynn's sentencing by Sullivan and a Trump pardon.

I base my opinion on my reading of the three panel opinions, in particular the one dissenting opinion, and Judge Sullivan's earlier, expressed opinion of the nature and gravity of the crimes to which Flynn has plead.

Rather than start yet another new thread on this, you could read and add to the existing Flynn entrapment thread which I and others posted to earlier today. Not saying you are not special.

You will also find the correct way of understanding the appeals court scenario situation by reading my post there. We know that you have been googling and are desperate to be right about something but the eventual outcome is and continues to be clear and simple. The case will eventually be dismissed. Whether Judge Butthurt wins or loses on a procedural step to get there is neither here nor there. He knows he is going to end out dismissing it too and is grasping for a win on something insignificant. Bend over and take up the bo-bo Judge Butthurt. This issue is whether the case will be dismissed or not. Trying to pretty it up but being right on a minor procedural issue will not change that, one way or the other.

Read my post. You are welcome.

 

[piezoe]

Trump may as well issue a pardon instead of going through the embarrassment of having the previous ruling laughed at.

I'm not sure of the legal order here, but I would think that Trump could proceed with a pardon before the en Banc Hearing because of flynn's guilty plea. I don't want anything to interfere with the full en Banc hearing however, because this is such an unusual case that it would be worthwhile to establish relevant case law, which the full en Banc hearing would do. It would establish a procedure to be followed in cases where a prosecutor withdraws their prosecution just prior to the sentencing phase. It seems to me, a fact finding hearing is critically important, regardless of its outcome, to act as a check against late stage political interference in prosecutions.

Let us recall that the latter stages of this case occurred against a backdrop of inappropriate, prejudicial remarks from the President favoring Gen. Flynn. These remarks were widely reported in the media. Simultaneous with this media campaign, the DOJ decided to drop its prosecution. I think this pattern of interference in an on-going court case will figure front and center in Sullivan's fact finding, assuming of course the en Banc Court allows it to proceed.

 

[piezoe]

Rather than start yet another new thread on this, you could read and add to the existing Flynn entrapment thread which I and others posted to earlier today. Not saying you are not special.

You will also find the correct way of understanding the appeals court scenario situation by reading my post there. We know that you have been googling and are desperate to be right about something but the eventual outcome is and continues to clear and simple.

You are welcome.

Though your opinion is duly noted, I disagree. This decision of the Appeals Court is rare enough, en Banc hearing are uncommon, and of such importance, to warrant its own headline.

[Please see my detailed remarks in reply to Here4money immediately above.]

 

[TreeFrogTrader]

Though your opinion is duly noted, I disagree. This decision of the Appeals Court is rare enough, en Banc hearing are uncommon, and of such importance, to warrant its own headline.

I don't really care about it.

The central issue is about whether Judge Butthurt will have to dismiss Flynn's case and the answer to that is yes.

The appeals court issue is about whether Judge Butthurt gets to continue to hold a hearing before he issues his order. Couldn't care less about that. The outcome is the same. Whether he gets another day or two of hearing before he has to do what he must do, does not concern me in the least. If concerns both you and Judge Butthurt because you are both looking for face-saving decisions but that is not going to work. This is just a procedural issue. And the Judge lacks the authority to order the Department to prosecute Flynn if it does not want to, and it does not.

 

[piezoe]

I don't really care about it.

The central issue is about whether Judge Butthurt will have to dismiss Flynn's case and the answer to that is yes.

The appeals court issue is about whether Judge Butthurt gets to continue to hold a hearing before he issues his order. Couldn't care less about that. The outcome is the same.

"Predictions are difficult, especially about the future." --Yogi Berra

 

[TreeFrogTrader]

Trump may as well issue a pardon instead of going through the embarrassment of having the previous ruling laughed at.

Nope.

You lefty clowns want to Trump to issue a pardon to cover up the fact that Barr revealed to the court- through supplemental documents and witness testimony- that Flynn had been witch-hunted and that the FBI had withheld exculpatory evidence.

Let it play out. Judge Asshole is the one in the hotseat right now. He got over-invested politically in a case and now cannot extricate himself. His problem- not mine or Flynn's. He has made some ballsy moves. Good. Let's see ya refuse to dismiss the case and you can keep on digging a deeper hole.