FLYNN UPDATE

 

In the blog posted three days ago, I talked about the case against Lieutenant General Michael Flynn, who pled guilty to making willfully false statements to the FBI about his communications with the Russian Ambassador. After twice reaffirming his guilt in open court, he withdrew his plea and changed it to "not guilty." Whereupon S.C. (Swamp Creature) Barr's Department of Justice promptly thereafter asked the District Judge for '' leave of court'' to drop the prosecution.

 

District Judge Sullivan said "Not so fast, I want to hear both sides of the question so I can more intelligently decide whether to grant the leave of court you ask for."

 

Flynn then asked the Circuit Court of Appeals to reverse that ruling, and grant an immediate dismissal of the charges. S.C. Barr allied the DOJ with Flynn's position. In a 2-1 decision, a panel of the Circuit Court ruled in favor of the Flynn/ Barr bog critters, and dismissed the Flynn indictment.

 

But then, in a novel twist, the Circuit Court received two applications to have all twelve Circuit judges review the 2-1 panel decision. One of the applications came from Judge Sullivan, and the other came, sua sponte (on his own motion) from a judge on the Circuit Court, whereupon the Circuit Court voted to take up the question and hear the case en banc.

 

I noted that the strongest argument against the Flynn/Barr position was the fact that they were asking the Circuit Court to reverse a decision the District Court judge had not yet made. Flynn's application was "premature": Sullivan had not made any decision on the DOJ's application for leave of court to dismiss the Flynn indictment.

 

In a display of how quickly a court can act when it chooses to do so, on the 21st day after hearing the case, the en banc Court voted 9-2 to reverse the panel decision because it was premature: i.e., Judge Sullivan had made no decision on S.C. Barr's application for "leave of court" to dismiss the Flynn indictment.

 

Now what? Will the swamp creatures ask the Supremes for help? Will they get it? How fast?

 

Flynn is in a box.  And T has the key, which rhymes with P.  Will the voters care about Trump's pardoning another swamp denizen?

 

I doubt it. (I think Trump is cooked with or without the Flynn pardon!)

 

Trust me on this!

 

A bientot.

 

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