Flynn judge seeks rehearing by full appeals court after being ordered to dismiss case
(www.washingtonexaminer.com)
Comments (416)
sorted by:
DEFAULT COMMUNITIES
•
All
General
AskWin
Funny
Technology
Animals
Sports
Gaming
DIY
Health
Positive
Privacy
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.
Oh ok. Thanks for the clarification. I thought the ability to overturn the dismissal was part of that original lower court ruling. I stand corrected.
Even still, how does the amicus really have any power here beyond trying to reframe an "L" for their side in the political sense. He or Sullivan can't make up new charges beyond contempt. I would think a dismissal is a dismissal it is just waiting for a final signature and seal to be processed. So basically like you said (and I agree), just a stalling tactic for election optics.
The issue is that the DoJ has filed a motion to dismiss. This whole argument is a pissing match over this line of text
Rule 48. Dismissal
(a) By the Government. The government may,with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
...
Sullivan is arguing that he can withhold leave of court to grant the motion to dismiss. Flynn's counsel is arguing that there is binding precedent on what constitutes valid reasons to withhold leave of court and furthermore that constitutionally the court has no role here since there is no conflict between Flynn and the Government and the court can't just appoint an amicus to argue a case the Government doesn't want to prosecute.