{"id":39205,"date":"2020-06-26T14:27:26","date_gmt":"2020-06-26T18:27:26","guid":{"rendered":"http:\/\/www.rightwinggranny.com\/?p=39205"},"modified":"2020-06-26T14:27:26","modified_gmt":"2020-06-26T18:27:26","slug":"how-long-will-the-flynn-saga-continue","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=39205","title":{"rendered":"How Long Will The Flynn Saga Continue?"},"content":{"rendered":"

The American Spectator<\/a> posted an article today about the ongoing case of General Flynn.<\/p>\n

The article includes a very good lawyer joke:<\/p>\n

Sigmund Freud dies and goes to Heaven, where he\u2019s met at the Pearly Gates by Saint Peter.<\/em><\/strong><\/p>\n

\u201cDr. Freud, thank goodness you\u2019ve come! We have a crisis and need your professional help!\u201d<\/em><\/strong><\/p>\n

\u201cHow so?\u201d asks Freud. <\/em><\/strong><\/p>\n

\u201cIt\u2019s God. He\u2019s having delusions of grandeur.\u201d<\/em><\/strong><\/p>\n

\u201cWhat are His symptoms?\u201d asks Freud.<\/em><\/strong><\/p>\n

\u201cHe thinks He\u2019s a federal judge!\u201d<\/strong>
\n<\/em>\u00a0\u2014\u00a0<\/em>Old trial lawyer joke<\/em><\/strong><\/p>\n

U.S. District Judge Emmet Sullivan seems to have forgotten that he is not god in handling the Flynn case. Judge Sullivan had been ordered by the U.S. Attorney for the District of Columbia to dismiss the case.<\/p>\n

The article explains what happened next:<\/p>\n

In filings before the circuit court, Sullivan explained that he plans to \u201cquestion the bona fides of the government\u2019s [dismissal] motion,\u201d \u201cinquire about the government\u2019s motions and representations,\u201d \u201cilluminat[e] the full circumstances surrounding the proposed dismissal,\u201d and probe \u201cwhether the presumption of government regularity for prosecutorial decisions is overcome\u201d in \u201cthe unusual facts of this case.\u201d<\/strong><\/p>\n

In a 2-1 decision, a panel of the D.C. Circuit Court of Appeals\u00a0granted<\/a>\u00a0the petition and ordered Sullivan to grant the motion to dismiss the criminal charge against Flynn.<\/strong><\/p>\n

Noting that, although Rule 48 requires \u201cleave of court\u201d before dismissing charges, under well-founded legal precedent \u201cdecisions to dismiss pending criminal charges \u2014 no less than decisions to initiate charges and to identify which charges to bring \u2014 lie squarely within the ken of prosecutorial discretion\u201d \u00a0and that \u201cthe principal object\u201d of the \u201cleave of court\u201d requirement is \u201cto protect a defendant against prosecutorial harassment \u2026 when the Government moves to dismiss an indictment over the defendant\u2019s objection.\u201d<\/strong><\/p>\n

The article concludes:<\/p>\n

And, when Sidney Powell took over Flynn\u2019s representation, Sullivan accused her of some kind of purportedly unethical and previously unknown crypto-plagiarism because she had not, in his estimation, properly attributed the source of the legal precedents cited in her pleadings. I\u2019ll give it to Sullivan. That was a first in my book since every legal filing I\u2019ve ever seen used case citations indistinguishable in format from those used by Powell.<\/strong><\/p>\n

So, what\u2019s the chance that Sullivan will seek a rehearing en banc? Seven of the 12 circuit court judges were appointed by Democrat presidents. Combine those favorable odds with Sullivan\u2019s demonstrated hostility to Flynn, his grandiose concept of his judicial powers, his undoubted humiliation at being subjected to a writ of mandamus for committing, in the words of the panel, \u201cclear legal error,\u201d and the answer begins to come into focus.<\/strong><\/p>\n

Given those factors, why wouldn\u2019t Judge Sullivan seek a rehearing before the full circuit court? And, even if he should fail in that regard, why wouldn\u2019t he then take his cause to the U.S. Supreme Court? It\u2019s a no-lose situation for him. Given the political composition of the D.C. Circuit, he may win. But, even if he doesn\u2019t, by pursuing the litigation he will continue to provide ammunition to the anti-Trump forces that pervade the D.C. swamp and, at the very least, gain a permanent open invitation to all the right Georgetown cocktail parties.<\/strong><\/p>\n

I hope I\u2019m wrong. But five decades of closely observing pampered, egocentric federal judges tells me that I\u2019m not.<\/strong><\/p>\n

I hope he is wrong; I fear he is not.<\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

The American Spectator posted an article today about the ongoing case of General Flynn. The article includes a very good lawyer joke: Sigmund Freud dies and goes to Heaven, where he\u2019s met at the Pearly Gates by Saint Peter. \u201cDr. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[5014,9279,10617,1065,8455,11978,274,7021],"class_list":["post-39205","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-american-spectator","tag-emmet-sullivan","tag-general-flynn","tag-harassment","tag-indictment","tag-sidney-powell","tag-supreme-court","tag-the-american-spectator"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/39205","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39205"}],"version-history":[{"count":1,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/39205\/revisions"}],"predecessor-version":[{"id":39206,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/39205\/revisions\/39206"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39205"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}