Flynn judge seeks rehearing by full appeals court after being ordered to dismiss case
(www.washingtonexaminer.com)
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Yep. He's just dragging his ass. No chance in hell this gets reversed in any substantive way.
There is absolutely a chance The Dem judge dissented from the panels 2-1 ruling granting mandamus and the majority of the DC Circuit are dem appointees. If the DC circuit votes to hear this en banc it will most likely be reversed, not because the previous ruling was incorrect, but because democrat appointed judges just view the law as pretext they have to pay lip service to while implementing their political objectives by judicial fiat.
I sincerely hate activist judges.
That's like saying you hate pedophile kindergarten teachers. What other emotion is there?
I get all that and I misspoke when I said definitively that it "won't" happen. More accurately what I was saying is that I don't see how it matters here. Let's say it gets reversed in federal appeals court. They're appealing the lower court ruling, not the actions of the DOJ. Then what happens?
We're still back in Sullivan's court room with non-existant/questionable charges and no prosecutor. We'd have an open case with no charges. Sullivan doesn't decide what the charges are beyond contempt of court. Sullivan can pound the gavel all he wants in that scenario, it doesn't really matter is my point. He can't sentence without a conviction and he has no conviction without cooperation from the federal prosecutors, no? He doesn't even have the underlying charges anymore.
In my mind, the goal is to run this out until after the election and hope Biden wins. Then Trump's hand is forced to pardon, otherwise Biden's DoJ would just resume the malicious prosecution.
Absolutely my thinking on this as well. This particular move is necessary for him because otherwise he is refusing to execute a higher court order which is asking for actual trouble.
But it's not going to mean anything and even then I don't think the ruling will be overturned. I can't imagine on what grounds an appeals court would overrule a dismissal. That's some reconstruction era shit right there or something.
No chance in hell this gets reversed? You might want to start paying more attention, sir.
Allow me to rephrase that. Technically it could happen, but it wouldn't mean anything or accomplish anything beyond a stalling tactic. What I'm really saying is that I can't imagine a scenario where this makes any difference whatsoever beyond dragging this out for a few more months.
I've said that since the first stalling tactic he's tried. If the DOJ declines to further prosecute the case and dismisses charges (with prejudice I believe is the term), Sullivan can't sentence him just because he still wants to. I don't know of any precedence for this kind of ruling. There's such a thing as jury nullification but I've never heard of prosecutorial re-assertion by a judge or actually in this case by an amicus attorney. I don't think that's a thing.
They want a review of this case to drag it out and perhaps find some kernel of dirt on somebody that they can turn into a media blitz. That's all this is. Flynn's not back in hot water nor is he going to jail.