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30 July 2020

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walrus

Is it not obvious that there is no such thing as impartial justice in the USA?

That is the only conclusion available to those of us outside the country.

turcopolier

walrus

We don' need no stinking impartial justice. That was a white attempt to hold the Black folks down.

longarch

I fear the Sullivan and lawyers of his ilk would be willing to dig themselves as deep as possible rather than admit defeat. Some of them probably believe that they can commit as much treason as they like, so long as a Democrat gets the presidency next, because a Democratic president is certain to pardon them.

Perhaps the U.S. Army could send a latter-day Joseph Welch to confront Sullivan with the famous line: “Let us not assassinate this lad further, senator. You've done enough. Have you no sense of decency, sir, at long last? Have you left no sense of decency?” Unfortunately Sullivan would probably reply, "It's not my job to have decency, it's my job to undermine the Constitution."

More realistically, perhaps the numerous misdeeds linking Epstein, Maxwell, and the Democratic party will come to light. Perhaps Sullivan will be exposed as having taken improper considerations that have impaired his impartiality. Perhaps Durham will reveal that key figures are suspected of treason and human trafficking. Perhaps Barr will shock the conscience of the nation before the election.

Notably:

A highly anticipated forthcoming report from U.S. Attorney John Durham on the origins of the Trump-Russia investigation won’t trigger a Justice Department policy against interference in the 2020 presidential race, so the review could be released in the weeks leading up to the November election, Attorney General William Barr indicated to Congress Tuesday.

https://www.politico.com/news/2020/07/28/barr-pre-election-release-durham-report-385244

akaPatience

Mr. Willmann, since 7 of the 10 remaining judges are either Obama or Clinton appointees, would it be fair to presume that Gen. Flynn's mandamus will be denied, OR do judges generally want to avoid their rulings to be appealed to the SCOTUS?

It seems likely to me they'll just kick the ball back to Sullivan, thus allowing him to run out the clock while preventing their hands from getting dirty.

Is there a best time in the process for a POTUS to grant a pardon? Politically, I have doubts that it would significantly harm Trump's re-election chances if he pardoned Gen. Flynn. I'd think the only voters to get upset about it would be those already against him. And a pardon could actually cause more media light to be shed on what the FBI did to Flynn, which could be a good thing.

Jim

I'm surprised the full panel is choosing to hear this without any reason to do so; but un-surprised because: this stopped becoming about law on January 20, 2017.

Clearly Sullivan cannot sentence Flynn; but another prosecutor could prosecute Flynn, which is reason Sullivan failed to dismiss case.

The only reason.

Sullivan wants another prosecutor, as he is not so blind to think he has that authority to prosecute Flynn.

What is to stop President Burlesque Biden from naming a special counsel to bring charges against Flynn come next January?

Even if Trump pardons him [for crimes the world knows he did not commit]?

What is to stop a new special counsel from bringing charges against Trump, against Barr, against Nunes, against . . . .under a President Burlseque Biden?

This is where we are heading with the freak show that may be coming to town.

Trump erred by not doing what he was elected to do; and he failed doing his job in January 2017 out of real fear he would have been removed from office.

I get that.

But now what?

PS
That Supreme Court Chief Justice Roberts -- it has been May, June, July, and will be August 11 since DOJ said they have no case -- and Roberts sits on his ass like there is nothing to see here.

US Supreme Court can intervene anytime they want when matters go awry.

Here the Supreme Court itself now gone awry.

Congress is broken, the judiciary is broken, and Trump and all those around him are marked men.

Trump may come to rue the day he did not see to it that Treason charges were not brought against Obama and Biden, and that those two were not hung from the gallows.

It may be Trump's neck in a few short months. . . .

elaine

Colonel, There you go again crackin' me up...true snark

Fred

Col.,

Given the campaign speech Obama added onto the end of his eulogy for John Lewis "Its our turn now" is a plank in the party platform. All those peacefull protests, that's just their base fighting to "Remake the country, a revolutionary notion", as he put it.

optimax

Col

A black person has never committed a moving violation. Studies prove it.

English Outsider


Well, I suppose General Flynn is in a better position than he was a while ago. Not long back he was having to protect his family from harassment. Now he's victim of a last ditch holding action that might drag the thing out until after the election.

The photos don't show him a broken man after all this. Cohen looked like he was falling to pieces afterwards. Flynn still seems composed and holding his own. But the legal fees must be staggering. Does he have to find them himself or is anyone helping him out?

Presumably, were Trump to lose, he'll be handing out a sheaf of pardons before he goes to protect his people from further harassment. That can't be stopped, can it?

turcopolier

optimax

Ah ... I was unaware of that.

turcopolier

elaine

"In the midst of the word he was trying to say,
In the midst of his laughter and glee,
He had softly and suddenly vanished away—
For the Snark was a Boojum, you see."

Fred

English,

"the legal fees must be staggering."

Eric Holder's employer, Covington and Burling, is going to be paying all of them in settlement of the suit Flynn will bring against them. Perkins Coie and the Brookings Institute will probably looking for loose change under the couch cushions before he's done with them too.

blue peacock

"Trump erred by not doing what he was elected to do; and he failed doing his job in January 2017 out of real fear he would have been removed from office."

Recall all the "Lock her up" chanting during his rallies in the 2016 campaign. As soon as the election was over what did he do? Even when Devin Nunes in early 2017 came to him with a list of documents and communications around Spygate and implored him to declassify, what did he do?

He cried a lot on Twitter. At the end of the day he got impeached anyway!

What conclusions can one draw from his actions? Do they demonstrate a strong leader?

Deap

The biggest problem is judges as old as Sullivan rely almost entirely on younger, progressive lickspittle staff and politically eager legal research aides.

Unlikely Sullivan is even mentally engaged in any of this; and this case is running extra-judicially as an anti-Trump hit piece by his underlings. Deep state partisan shenanigans occur within the court system too.

Rick Merlotti

The Borg is very afraid of a free Flynn. As they should be.

Keith Harbaugh

In the past some have questioned why Flynn agreed to be interviewed by the FBI agents without a lawyer present,
claiming that indicated naivete or even stupidity on Flynn's part.
It turns out Flynn had a previous quite successful relation with the FBI, while he was in Iraq:
https://thefederalist.com/2020/07/31/the-michael-flynn-i-knew-in-iraq-was-a-brilliant-patriot/.
Perhaps this had some effect on how he viewed the FBI.

Keith Harbaugh

BTW, on that "Cheney vs..." citation, see
https://en.wikipedia.org/wiki/Cheney_v._United_States_District_Court
Perhaps Robert Willmann can explain its significance here.

Mark Logan

Jim,

Trump could end this by pardoning Flynn. Why doesn't he?

Chuck Light

If you don't mind a comment from the other side, I would say that the only basis for not granting Judge Sullivan's petition would have been the argument that he lacked standing to make the request in the first place. Apparently the full Court felt it could massage that issue away, at least until arguments on 08/11.

That said, it would appear that unless the full court places this matter on the fast track, and if recent history is a reliable guide, no decision will issue from the full Court until after the election. The full Court heard oral arguments in the McGahn/Mnuchin matter on April 28, and now, three months later, no decision has issued in those cases. Three months from August 11 is o/a November 9 or 10, and the election will be over. If the full Court does what should be expected, and sends the matter back to Judge Sullivan, the president may be placed in the position of having to pardon Flynn on his way out the front door (if he is defeated, of course).

The "adequate remedy" that the full Court may want to discuss is the remedy of appeal after Judge Sullivan rules. Flynn foreclosed that remedy by seeking Mandamus before Judge Sullivan had the opportunity to rule. If things had taken their normal course (appeal after final judgement), and Judge Sullivan had ruled in favor of the DoJ, no additional steps would have been required, and the matter would have been ended just as Flynn wanted. On the other hand, if Judge Sullivan ruled against the DoJ Motion, Flynn would have had the normal "adequate remedy" of appeal after judgment. He would have been in the same position he is in now, without the legal fees involved in this wrangling over Mandamus.

It could be argued that Flynn brought all of this tsuris on himself, and should have let Judge Sullivan rule. Maybe his current lawyer should pick up the tab for his Mandamus escapade.

BTW, IMHO I think it it highly unlikely the Supreme Court will ever hear this case. Flynn will have his pardon, and all my friends in here will have their conspiracy theories, and this matter will all be rendered moot by January 20, one way or the other.

Keith Harbaugh

Just want to mention that the oral argument on Tuesday, 2020-08-11 at 9:30 AM EDT will be livestreamed by the Court here:
https://youtu.be/3ENOQEE2WRA

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