The Court of Appeals orders that the Michael Flynn case be dismissed, and the Gleeson appointment be vacated

By Robert Willmann

In a 2-1 decision, the federal Court of Appeals for the D.C. Circuit ordered the trial court judge Emmet Sullivan to dismiss the criminal case against Gen. Michael Flynn.  The order also vacated Sullivan's appointment of John Gleeson as an amicus curiae (friend of the court) to oppose the dismissal and to advise about whether to charge Flynn with criminal contempt of court for perjury.

In the words of a judge on a Texas court of appeals:  "The written judgment is what matters.  The opinion is nice to read".  (That is an over-simplification, but it is still a good line!)  The appellate court's order of today--

https://turcopolier.typepad.com/files/michaelflynn_appeals_court_mandamus_judgment.pdf

The majority opinion by Judges Rao and Henderson is 19 pages, and the dissenting opinion by Judge Wilkins is 19 pages--

https://turcopolier.typepad.com/files/michaelflynn_appeals_court_mandamus_opinion.pdf

As was discussed here on SST, an open issue in the mandamus action was the fact that the trial court judge had not yet decided the motion to dismiss by the Department of Justice, and so it would be premature to issue a mandamus to change a ruling that had not yet been made.  That issue became the basis for the dissenting opinion.  The dissent also took the position that the order appointing Gleeson should not be cancelled and vacated in this situation.

The court papers can be viewed or downloaded for reading.  If a party in interest in a mandamus action does not like the decision, usually there is a new application for a writ of mandamus filed in a higher court, which would request a mandamus of the mandamus. 

UPDATE, Wednesday, 24 June:  A comment by kgbgb below mentioned that he saw a report that John Gleeson had filed a motion about his status and for additional time.  The schedule in the trial court was for Gleeson to file his brief by 10 June (he did); Flynn and the Justice Department were to file their responses to it by 17 June (they did); and Gleeson can file a reply brief by noon today.  Here is the request by Gleeson for a clarification about his ability to file a reply brief and for more time to file it if he is allowed to--

https://turcopolier.typepad.com/files/michaelflynn_gleeson_wants_time_to_reply.pdf

 

Comments

[kgbgb]

Gleeson just won't give up. According to an update to ZeroHedge's article on the Appeal Court decision, he has filed a motion requesting an extension to file his findings against Flynn!

Unbelievable! Is every aspect of this case unprecedented?

[JohninMK]

For a while now it seems that Judge's actions have moved into delay mode, if they couldn't put Flynn away (perhaps so that he would be valueless as a witness in the future) they could at least keep his mouth shut, with the gagging order he is claimed to be under, until much closer, if not after, the election.

Given the huge effort and contortions of the Law that have been deployed he must have knowledge someone really, really does not want made public. But who and what?

Or is it that they don't want him appointed to a position of power where he might expose something. But again, who is they and what is what?

Will Trump light the blue touch paper and set him loose?

[Keith Harbaugh]

Sidney Powell gives an excellent 53-minute look at the Flynn case in an interview with the Epoch Times:
https://youtu.be/SHeCSjcTC64
Starting at about 45:00 she states that Flynn had NOT been under a gag order -- this contradicts what has often been claimed (or perhaps assumed).

It has now been six days since the Circuit Court ordered Judge Sullivan to grant the government's motion and dismiss the case.
He is, effectively, thumbing his nose at both DOJ and the Circuit Court panel, looking for a way to keep the case going, and thus following the advice of much "elite" opinion as expressed in the media.