Flynn judge seeks rehearing by full appeals court after being ordered to dismiss case
(www.washingtonexaminer.com)
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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.
The issue here isn't the dismissal, it is the mandamus ruling. The panel struck Sullivan's appointment of Gleason as amicus curiae and ordered Sullivan to grant the motion to dismiss. Sullivan isn't trying to overturn a dismissal, he is fighting the order to grant a motion to dismiss and the nullifcation of his appointment of Gleason. Obviously the right call was made, but there are tons of justification the DC Circuit can make to get the result they want, if they chose to do so.