Running Out the Clock: Mike Flynn Case Judge Requests En Banc Hearing

In possibly the single most predictable move in the long and sordid history of corrupt federal judges in America, District Court Judge Emmet Sullivan’s taxpayer-funded lawyer filed a request today for an en banc hearing before the DC Circuit Court of Appeals.

From a story at Law&Crime.com:

U.S. District Judge Emmet Sullivan, through his counsel Beth Wilkinson, has asked for U.S. Court of Appeals for the District of Columbia Circuit to rehear his case against the immediate dismissal of the Michael Flynn prosecution.

The Thursday petition for rehearing comes after a three-judge panel on the D.C. Circuit granted Flynn’s petition for writ a mandamus on June 24, directing Sullivan to dismiss the case.

“The panel majority granted the extraordinary writ of mandamus to prevent the district court from receiving adversarial briefing and argument on a pending motion. The opinion is couched as a fact-bound ruling based on ‘the record before the district court,’” the Sullivan petition for rehearing began. “It in fact marks a dramatic break from precedent that threatens the orderly administration of justice.”

[End]

That last sentence is laughably absurd that it is hard to believe a competent lawyer actually wrote it. The only “dramatic breaks from precedent” in this case wer Sullivan’s decision to refuse to grant the government’s motion to dismiss it due to rampant misconduct and hiding of exculpatory documents by the FBI and the DOJ’s own prosecutors, followed by Sullivan’s hiring of a) an ex-federal judge to write an amicus brief supporting Sullivan’s absurd decision-making and b) a defense lawyer to represent him, a sitting federal judge, before the Court of Appeals.

It is notable that today’s request for en banc by Sullivan’s lawyer comes a bare week before Sullivan was to have held a hearing to consider dismissing the case based on the order two weeks ago by a 3-judge panel of the DC Circuit that he do so. It is also notable that none of the 11 judges on the DC Circuit Court itself took the initiative to request an en banc, something any one of them could have done had they felt the order by the 3-judge panel was in error.

That fact, along with the utterly absurd reasoning put forth by his own lawyer likely means Sullivan has little chance of actually prevailing in his en banc quest. Sidney Powell will rip Ms. Wilkinson and silly attempt to put lipstick on this legal pig to shreds.

But the strategy here is painfully obvious: This is just the next step in Sullivan’s desperate effort to delay any final dismissal of the Flynn case until after the November 3 election. Can anyone doubt that, after he pretty much inevitably loses this appeal at before the Circuit Court that he and his taxpayer funded lawyer will then file a similar motion to have the case heard before the U.S. Supreme Court, which does not convene again until the first Monday in October?

Sullivan is an utterly corrupt tool of the Deep State. He and his Lawfare lawyer know he is in the wrong here, and that he cannot ultimately prevail based on legal arguments. This is just one more attempt to delay the inevitable, so that Flynn can be prevented from publicly revealing all he knows about the negotiations of the Iran Deal and other wrongdoing during the Obama administration before November.

What a circus.

That is all.

Today’s news moves at a faster pace than ever. Whatfinger is my go-to source for keeping up with all the latest events in real time.

5 thoughts on “Running Out the Clock: Mike Flynn Case Judge Requests En Banc Hearing

  1. scott rose - July 9, 2020

    so what happens next and then next? will they be successful in delaying until after the election?

  2. phineas gage - July 9, 2020

    I’m not sure about the en banc review being a long shot. If there are six judges on the circuit court in favor, and the whole idea is running out the clock, then it would be to their advantage to have Sullivan wait until the very last minute.

    They have gamed this out for a while.

  3. TomPain - July 10, 2020

    This new “resist” culture (right and left) has led us here. The idea that all authority can and should be challenged under the color of our legal system has effectively undermined our ability to set up and operate efficient business and government functions.

    Imagine what this is: a judge has hired a lawyer (!) to represent him in ignoring the rules that apply to him and to fight against the clear direction of higher court judges. What is next, every soldier will bring his lawyer along to battle, so that he can effectively represent himself in challenging every order he is given?

    Actually, that might not be such a bad idea…

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