DC Circuit Panel Orders Judge Sullivan To Respond Within 10 Days…

A three panel DC Appeals Court Panel, Judge Henderson, Judge Wilkins and Judge Rao have ordered Michael Flynn’s Judge, Emett Sullivan, to respond to the defense petition for a writ of mandamus within ten days:

Quoting the U.S. vs Fokker ruling the panel is not responding directly to the Flynn petition with an immediate decision; instead they are requiring Judge Sullivan to explain his decision to engage with extra-party amicus actions despite the DOJ and Flynn defense agreement on the motion to dismiss.

The order can be viewed as a smart move by the appeals panel because Judge Sullivan has yet to rule on the original unopposed DOJ motion. In essence, Sullivan has never explained himself; and this approach will require Sullivan to put his proverbial cards on the table.  The DC panel has given Judge Sullivan ten days to respond.

This entry was posted in 1st Amendment, 4th Amendment, 6th Amendment, Activist Judges, AG Bill Barr, Conspiracy ?, Deep State, Dept Of Justice, FBI, media bias, Professional Idiots, Spygate, Spying, THE BIG UGLY, Uncategorized. Bookmark the permalink.

392 Responses to DC Circuit Panel Orders Judge Sullivan To Respond Within 10 Days…

  1. cheryl says:

    Interesting article about Sullivan on RedState

    Recent Decisions of the Court of Appeals for DC Circuit Show Sullivan Must Dismiss Flynn Case

    Liked by 6 people

    • This is a partial win for Sidney. If the petition had no merit at all it could have been dismissed outright without it going to the Judge. Since this is going to the judge the order usually means that Sidney has established a prima facie case.
      This puts the burden on the Judge to respond and perhaps puts other things in play behind the scenes. Sidney did this without the DOJ’s help. The DOJ also has 10 days to respond,which may put other things in play. The judge now has to respond before the court can rule because he has due process rights.
      Sullivan’s people may now be sweating a little,but this is still an extrordinary writ and the odds still don’t favor Sidney, but they are now a lot better.

      Sidney has a short and long game behind this writ. If she does not win here, it still can help her stratgicly to ultimately win later in the other proceedings.

      Liked by 7 people

      • Don says:

        Sullivan is the sole respodent, so giving him an opportunity to respond is normal under the circumstances.


        • Hoop says:

          Actually not normal….

          The Circuit court would have normally asked for a response – but NOT for specifically the Judge himself….

          The wording of the DC Circuit’s order directing Judge Sullivan to personally respond to @SidneyPowell1’s writ shows it is deeply troubled by Judge Sullivan’s actions.



          • looseends660722553 says:

            I have linked to the Appellate Rule 21 dealing with Mandamus.https://www.law.cornell.edu/rules/frap/rule_21. The court could have dismissed Sidney’s petition outright without requiring an answer. There is a culling process courts go through to eliminate at least frivolous petitions. The courts do not require judges to respond to all Petitions.
            If this panel were truly deep state they could have bounced Sidney’s Petition without an opinion or issued a short derogatory statement. This would have been a victory for Lawfare.
            The rule does not specify any kind of level of strength that a petition must have as a theshold to require a response from the judge. The courts may issue orders pro forma to reputable attorney’s like Sidney. However, most federal judges were state judges and generally adhere to the common law standard that the Petition should plead a prima facie case. The Feds have simplified the rule, but haven’t really changed much in reality.


          • Raymond g Capwell says:

            He just hired a lawyer to write his response.


      • Fools Gold says:

        You seem to forget the conversation between The Russian Ambassador and Lt. Gen. Flynn. I think it will be public soon one way or another. Only question in my mind is will it be Grennell or Ratcliffe or DOJ? And let not forget Our MAGA Drain the SWAMP President thru 2024!


        • BitterC says:

          It’s bad enough Trump had to release his call with Zelensky. Other countries are not going to be willing to be open and honest on the phone with Americans in the White House if the Dems keep forcing Trump to turn over call transcripts.

          As much as I’d like to see it, I don’t think it’s good for the country


      • Indy0707 says:

        Get these actors under oath.


      • swampfox999 says:

        If the Circuit Cout doesn’t grant Flynn the requested remedy, Powell will immediately appeal to the Supreme Court and the Circuit Court judges will have their professional heads handed to them. This is a clear case of unconstitutional activity by the clown judge. So the writ will succeed unless the Circuit Court judges too want their professional reputations destroyed. The clown judge’s moves are clearly outside his authority and jurisdiction and are unConstitutional and antiConstitutional.They are at the same time tyrannical and anarchic expressions of nihilism.

        Liked by 12 people

      • An says:

        There’s actually a bit more than even that. Normally, the appellate court would say that they court *may* reply to the writ of mandamus. Also, normally, the judge could have an amicus reply on their behalf. Sullivan already has appointed an amicus who could answer here.

        And the court ignored that completely, instead *ordering* him to reply and citing the two biggest obstacles to what he tried to do. He himself is on the hook for an answer. And he does not have a choice.

        True, it doesn’t stop him from allowing a bunch of amici in the case to brief him on arguments he could make, but given the fact that a certain swampy senator is already freaking out about one of the judges that was drawn (Rao), well, let’s just say I’m optimistic right now.

        This was a very thorny reply in some very subtle ways and it puts him on the spot. Some are spinning it as a win because everything happens before his proposed schedule, so if it were denied, he could just go ahead, but that’s kinda silly. To me, it looks like they want to put a stop to this immediately, before any more nonsense ensues.

        Liked by 6 people

    • RS: “the answer to the question before Judge Sullivan is quite simple, and it was provided by the Court of Appeals for the DC Circuit just four years ago in its decision in the case of United States v. Fokker Services.
      There will be efforts to “distinguish” Fokker — to say it’s not a sufficiently similar case to control the outcome here — and efforts to point to other decisions in the DC Circuit or other Circuit Courts of Appeal which point in a different direction for an answer to the Rule 48(a) question. But that’s all a distraction and a waste of time because Judge Sullivan cannot escape Fokker. A District Court judge in the District of Columbia is obligated to follow the rulings of the Circuit Court for DC — he does not have a choice. He cannot “dissent” and reach a decision based on his own views. He might not like or agree with the outcome that is dictated by the Fokker case, but in order to respect the oath of his office, he is duty-bound — bound by the Constitution — to respect and apply the law as it is established by a court of a higher status than the Court he presides in.”


      Liked by 4 people

      • regitiger says:

        this case IS different than FOKKER…

        main justice (executive) AND defense counsel have both agreed to dismiss the DPA..

        this single issue is paramount to delinking any legal arguments one way or any other to fokker.

        there are other significant differences also…the essense of w/drawal of the DPA was pre-conditioned that the defendant (fokker) comply with good behavior. And they seemed to satisfy that agreement and were cooperating.

        so there are at least two issues that distinguish this case.

        this case is an odd ball, because sullivan and now gleeson have manufactured it to be presented as an oddball. It isn’t.

        It is a clear separation of powers issue.

        the executive and the defense counsel are in agreement with the withdrawal of charges…there are no outstanding pre-conditions the flynn is required to maintain in this agreement.

        this is a far more simple case than fokker…it isn’t anything like it. It’s a desperate judge who has ventured out into left field, made some gross misconduct THROUGHOUT the case and is NOW trying his best to insulate and divert attentions away from that bad behavior..(his).

        a. not forcing main justice to fulfill brady material requirements!
        b. declaring flynn a criminal for a crime he was not even being charged with.

        THAT is what this case is really about.

        and of course the entire fraudulent manufactured frame up that main justice created out of thin air to persecute a known political adversary…an issue that is NOT at the feet of this judge at all..but has become very obvious throughout this trial HE IS FULLY cognizant of…

        we KNOW..and now SULLIVAN KNOWS we know. He acts are those of a compromised dimwit who is now just doubling down in stupid.

        Liked by 4 people

        • Ad rem says:

          Sorry…there’s something in your name or email address that’s triggering our filters to toss you in the bin. I could recommend a new email address if that wouldn’t be to onerous. 😦


        • Barnestormer says:

          I’ll attempt a simplification.

          The Fokker appellate court held that a “with approval of the court” proviso in the federal speedy trial statute could not defeat the constitutional vesting of the prosecutorial function in the executive branch. Thus, the trial court could not rely on that proviso to abrogate a DPA and proceed with a prosecution resisted by the government.

          Here, Sullivan relies on the “with leave of court” proviso of Rule 48 to deny the government’s motion to dismiss.

          Thus, Sullivan’s burden is to convince the appellate panel that a proviso in a non-statutory rule of procedure can defeat the constitutional authority of the executive to prosecute (and abstain), where a functionally similar statutory proviso failed.


    • Sullivan just dusted off his resume and sent one copy to Covington and Burling and the other to Perkins Coie.

      Liked by 4 people

    • Y’all Know What Time It is says:

      Sullivan wants to sentence Flynn, forcing Trump to pardon Flynn; then Democrats will begin an impeachment process.
      Or, at least keep Flynn from being used to replace Wray until after the election.

      Liked by 2 people

      • mdmnmdllr says:

        I’ll admit I didn’t think a pardon of Flynn was another Impeach 45 ploy until just recently … but it’s a rational component.

        Still, much more is preventing Flynn’s being able to aid the Administration, both in whatever role he may be given (whether NSA or whatever) … and the fact Flynn knows where ALL the bodies are hid. That latter more than anything is what terrifies all the swamp rats.


  2. Rose says:

    At each phase of the Flynn persecution two words keep going through my head: Sleeper cells, organized demorat judges, lawyers and dirty cops and FBI/CIA etc. agents waiting to be launched against lawful American citizens that threaten the corrupt public services. Am I the only one who considers what is happening to Flynn organized by the same people who constructed Russiagate?

    Liked by 29 people

    • Dave Radetsky says:

      Rose, no you’re not the only one. In fact, all of those people are given their direction from the same globalist masters that are the power that rules over the Democrats and even the GOP establishment politicians. Don’t think for a minute that even if people like Obama and Hillary were held accountable that you’d have gotten to the bottom of it. This is so deep that even if President Trump could serve 4 terms it’s be impossible for him to get rid of all of it.

      Liked by 5 people

      • Rick says:

        Well said, Dave. The corruptions is so deep, so wide and pervasive it’s staggering.

        Liked by 2 people

      • Raghn Crow says:

        I suppose the ChiComs are behind a lot of it — originally it would have been Russian Soviets back in the 1920s and esp, once FDR was in office, they pretty much controlled the new “Administrative State” he created. McCarthy and Nixon, etc, would later put a dent into all that in the ’50s, but probably only a dent. Jack Kennedy, for all his many, many faults, was at least a serious Cold Warrior (and close friend of McCarthy, btw), and look what happened to Jack: taken out in an obvious KGB op that the “powers-that-be” hid in plain sight. (About the over-all Communist game, Diana West has written extensively.) Then, as the Russian Communists began to fade out, the ChiComs were only too glad take their place. The Soviets were famous for their “sleeper cells”, of course; the Chinese are even more patient and “Long March” than the Soviets ever dreamed of being.

        But then behind all of them were the Freemasons, from what I understand; i.e. they fostered the whole Commie ideal, from back in the days of Karl Marx on, for whatever Black Arts/Utopian reasons they had — but they certainly would have been the original “Globalists” and “New World Order” types. (Think about it: they were the only “Globalists” in town for a couple of hundred years; nobody else even thought of such an outlandish set of ideals.) Don’t know what, if any, role they might play today in all this. It might well just be running on its own steam now, a perpetual motion machine — like Captain Kirk’s Doomsday Machine, a weapon set in motion eons ago in a war long forgotten, but still running, and still deadly.


    • Santiago 1314 says:

      Sidney Powell … and, Thank God … Those the 2 words that go thru my mind.!!!

      Liked by 8 people

    • Rose- I have gotten to the point that I’m starting to believe the same bunch of human scum is also responsible for the Chi Com Covid Coup attempt.

      Liked by 19 people

      • The Devilbat says:

        Seneca the Elder, your not the only one who believes that. The globalist deep state may well have made a deal with China to release the virus. The Chinese would be all in as Trump slammed tariffs and a big trade deal on them. With their economy shrinking they would be only too pleased to kill off a bunch of surplus workers in Wuhan. I see the virus as part of a plan for a world takeover. Just look at how other countries are acting and talking about “the new normal.” As to the deep state, it is under control of the Rothschild’s who are behind everything that is evil in this world.

        Liked by 5 people

      • Mike Lee DelMarcelle says:

        If you think things through they almost have to be. When this virus first started Oct / Nov China was dealing with Hong Kong protests and getting it’s butt kicked by Trump on the trade deals. The Dems were getting destroyed by Trump and had their failed phony impeachment going on. They were facing the prospect of getting wiped out in the election.

        The two (China & Dems) needed a major black swan catastrophic event to occur at the precise time to change their fortunes. What are the odds of this occurring on it’s own exactly when they needed it to? We haven’t had a pandemic in 100 years prior to this.

        Liked by 8 people

        • J says:

          Interesting also that the virus attacks the elderly almost exclusively. The elderly represent the single biggest drain on the collectivist welfare state. Non-productive, non-contributors who require a massive amount of state support….frightening to think

          Liked by 3 people

          • coltlending says:

            Also older people skew conservative, many were educated before the Left really had a stranglehold on the education system & media and the older generation has been around longer and remember things that do not shed a good light on the Left.

            Was the Covid virus a Globalist deployment?

            As previously posted it’s appearance sure is a fortunate coinkydinky for China and the anti-MAGA people.

            Liked by 6 people

        • Mike Lee- RIGHT THE HELL ON!

          Liked by 1 person

        • Debbie says:

          My gut feelings, when Trump decided to shut down economy was that…I smell a rat and it’s not just China, being responsible for the release of Corvid. Democrats had exhausted means to get rid of Trump. Dems know that the remaining lifeline to save party from sinking is Trump’s robust Economy. It is so strange, ironic, and just unbeliveable that a virus, caused an Economy to plummet near election time. I smell a Big bad rat besides China. Should we expect, the release of another round of a handmade virus, being released into the atmosphere in another few months. Get Trump out of office, everything on Flynn just get tossed out the window. Pubs have got to vote as if this is the last election!!


        • grumpyqs says:

          Re the ChiComs and DNC coordinating; recall the very strange delay-hurry shuffle conducted by Speaker Pelosi to hurry up, then delay, then hurry up again, demands upon the Senate, stall tactics, etc during the entire proceedings. In hindsight, I have to wonder if she was trying to time events we are not aware of yet.


        • JimFromNH says:

          Wondering that too… Thanks.


      • George Connolly says:

        Interesting stuff – Dems/Media are blaming Trump for the fall of the liberal international order. I agree with the Professor Mearsheimer thesis that the liberal international order was doomed to begin with and that President Trump is just speaking the obvious truth that the benefactors of the liberal international order are unwilling to acknowledge – namely that the order is fundamentally flawed and doesn’t work.

        Deep dive here, if you are into this stuff.

        In the video, Professor Mearsheimer is speaking in Australia about 9 months ago, after the HK protests but before the Ukrainian Impeachment effort and pre-Covid-19 crisis. I think these events reflect a certain synchronicity with the Professor’s thesis – namely the existing liberal international order (globalism) is failing and President Trump is NOT to blame.

        Liked by 1 person

      • G. Alistar says:

        Excellent! Is see a strange parallel…. everyone from the deep state that touches the Flynn case, gets beat down. China, adopted a bastardized and modified system of free market/ capitalism about 25 years ago. This brought them untold wealth and prosperity to both the Communists in charge but also to hundreds of millions of Chinese citizens. Every nation who touches the capitalistic/ free enterprise system, can never leave it due to personal prosperity. China simply cannot let go of trade, jobs, & economic prosperity. POTUS understands….the tariffs, a brilliant strategy and pressure point.

        Liked by 1 person

      • Linda K. says:

        Seneca, I don’t think anyone blames Trump though, for this virus or the lockdown.

        Liked by 2 people

    • YeahYouRight says:

      “Lawfare” is the word that they use.

      Liked by 4 people

    • Issy says:

      Rose: Of course it is. The Flynn ‘presecution’ came out of Russia, Spy GATE. We now call it it’s true by its true origination Obamagate. The Russias were not involved in what our own government did.

      Liked by 4 people

    • Frances says:

      I think blackmail plays a pivotal role as well, I recall a post that said that under Clinton judges were chosen from those who had the most to hide.

      Liked by 5 people

      • gjgrak says:

        This comment at https://www.citizenfreepress.com/breaking/breaking-judge-sullivan-responds-in-flynn-case/ is worth letting soak in:

        Judge Sullivan was nominated to the federal bench by Bill Clinton. Here’s what an FBI internal whistleblower told Sibel Edmonds about ALL Clinton appointees to judge.

        “One of my FBI whistleblowers, and this was a decorated agent who never became a public whistleblower, but he went to court cases with the FBI internally because he DOJ IG, that is the Inspector General’s office, etc.

        One of the things this guy exposed, and I went to the media and I had this guy on the record with them but they never published, was: he was working between 1993 and 1997 in this division in the FBI, where one of his tasks was running background check on federal judge candidates, and this is during the Clinton administration, because those federal judges have to be cleared by the FBI. They look at their background: are they pedophiles, are they rapist, you know, do they have some financial nefarious activities etc.

        And he said, during these four years, when this decorated FBI agent, and this was 10 years, or 7, 8 years before he blew the whistle, he was running background checks on these federal judges, the way they were selecting the ones to appoint were the ones who had the highest number of skeletons. Meaning, the government, the Clinton administration (this is the head of the FBI, this is the OJ), they did not want to appoint any federal judges to the bench, and go through the confirmation process, if the judges, or the candidates, didn’t have enough skeletons, meaning they have to be rapists, pedophiles, despicable characters, and that information is collected during the background check, and then they are used against these judges, so the judges rule per government’s instruction.”

        Liked by 3 people

      • The Devilbat says:

        Frances, Think PIZZAGATE !!! How many of the criminals in the house and senate are pedophiles. Who was it that said children liked to play with his hairy legs?


    • Trog Luddite says:

      That’s a lot more than two words! 🙂


    • Hoop says:

      Lead Investigator in Hillary’s Email Scandal = Peter Strzok
      Lead Investigator in Trump Russia Collusion = Peter Strzok
      Lead Investigator in Micheal Flynn Phone call = Peter Strzok

      And Strzok does NOTHING without his Boss, and his Boss’s Boss being in total agreement.


  3. gary says:

    here’s my bet. the judge writes the court and say’s i was wrong. drops the case. i think this judge has something wrong with him, like biden. the pressure will get him.

    Liked by 1 person

    • theoldgoat says:

      I fear this “judge” seems too heavily invested in his hackery. He certainly looks like he is acting under orders from Duh One rather than out of a position looking for justice.

      At the very least he is egotistical, or narcissistic, and probably doesn’t like it that Powell has ran rings around his moves for the deep state.

      Liked by 11 people

    • Santiago 1314 says:

      Can the Judge “Appeal” to the FULL Panel.??? … What a Joke this IS.!!!

      Liked by 2 people

      • Wethal says:

        Probably. And wouldn’t that be fun to read. A request for a hearing by the full court is essentially saying, “Three of you got the law wrong. Now you all have to correct this.”

        And both the district court and the court of appeals are in the same building. Judges have a private elevator for security. Imagine the atmosphere if Sullivan did that…

        Liked by 3 people

        • Santiago 1314 says:

          You missed my Sarcasm; Of Course a Judge CAN NOT “Appeal”; He/She is NOT a Party in the Case… The Judge has “No Standing”

          Liked by 3 people

          • YeahYouRight says:

            This “judge” has made himself a party. If he can’t appeal, he may simply ignore the Appellate order and rule however he was told.

            I love that tsn days is expedited! Only government and the courts. 🙃

            Liked by 2 people

          • Wethal says:

            The judge is a party to the petition for a writ of mandamus. Sidney is asking the DC Circuit to direct Sullivan to do his job correctly. Sullivan himself will respond to the DC Circuit as to why he thinks he can do what he’s been doing.

            Liked by 3 people

      • QCM says:

        No, there is no ruling by the appellate court, therefore, there is nothing to appeal.

        Additionally, only parties to a matter can appeal, not a judge.

        Liked by 1 person

        • Lee Moore says:

          I suspect Sullivan couldn’t appeal a mandamus from the Appeal Court panel, but an Appeal Court judge could probably sua sponte ask for en banc. But I think that even the Lawfarest DC Appeals court judge would likely think it would be going out too far on a limb.


      • DaughterofLiberty says:

        No and No. He may not. Once the 3 judge panel issues their order directing he dismiss the case per DOJ request, its over. Hahahahaha, unless HE wants to be held in contempt!!!

        What a loser scumbag.


    • All To Mcuh says:

      That might be Sullivan’s only way out.
      “After researching the issue presented by the petition and this appeals court, I have concluded DOJ is correct and hereby direct this matter dismissed, with prejudice.”

      Liked by 2 people

    • boogywstew says:

      Could Sullivan just drop the case without an explanation? If he can, then that gets my vote.


      • Maquis says:

        Not now, that ship has sailed on his own ill wind, he’s gotta answer no matter what.

        Liked by 3 people

        • Issy says:

          Marquis: You’re right. I replied below thinking of what he will do if the panel rules against him. Am I right in thinking that even if he dismisses the case after telling the world Flynn is guilty of something, he can still find him in contempt?

          Liked by 1 person

      • Issy says:

        boogywstew: He could, but I expect a long, heavily notated dissertation on the crimes Flynn has committed. My guess is he’s going to make the panel rule.

        Liked by 3 people

    • WhiteBoard says:


      the NSA Exploitation is being fully implemented..

      you are seeing insane actions by people because they are making SANE actions to them in response to blackmail.

      a son got off for alleged rape

      a situation that allegedly met pedophilia.

      a situation left off your clearance application that you were caught talking off on the phone with your wife

      a hit and run you son did that resulted in no harm but can be milked to destroy him and you

      a marital spat that resulted in neighbors calling police

      (if these dont work; then they can make it up to SMEAR you with support of the media allies)

      you really want to F with that? only a martyr would (hello Flynn)

      Liked by 2 people

    • jimrockfish says:

      That’s my initial thought too. He can’t legally explain why he’s doing this, especially with the recent Supreme Court ruling. So he will just reply “my mistake, I’ll drop the case”.

      Liked by 2 people

    • ThriveOn35K says:

      His “actions” have already been performed. I suspect that even if he tries to wiggle out of the situation he has caused himself the appeals court will not let him. If they were inclined to allow a simple response, they would have made a ruling.

      Sullivan has created a predicament for himself. No matter how carefully he crafts the response, his politics will be on full display. There are too many people that understand the law and are watching.

      Over the last couple days, I have heard several people say the problems plaguing the previous administration are too big to ignore. The rats are starting to flee the sinking ship. This will get ugly in a hurry. Between the Acting DNI, Presidential Press Secretary, Sidney Powell and the Treasury whistle blower critical mass has been reached.

      Liked by 4 people

    • regitiger says:

      no…the signalling of “former” attorney generals that ran to his aid, suggests he will more than willing to make this a delay game at the least…with a very strong possibility that he can convince the dc court to stand back and allow a contempt charge on flynn..

      one has to understand the stakes here.

      allowing flynn to walk means that he is NO LONGER UNDER ANY PRIOR COURT ORDER PDA!!

      simply: as a free man, Flynn can start talking about where all the dead bodies are buried.

      and to be clear, given the reality of how casually he was tossed over the rails by this administration up to and including potus…just pleast stop people with this hopium about flynn ever operating for this or any other adminstration.

      One must understand that flynn’s life was destroyed and not protected AT ALL by the very people who could have at least made the attempt to defend against this obvious frame up.

      Flynn will remain a patriot…he will write some books and they will be very popular and accurate. Flynn will probably dedicate his next career in helping others harmed by a dead beat main justice…probably help mobilize more legal orgs that align with Powell’s brand of justice and truth.

      He is definitely not going to jump back in bed with the very same people who tossed him over the rails without so much as a wave of the hand.

      This is a decorated combat military officer of exemplary records. He believes and lives according to a code that places honor and integrity above whatever it is that these morons are hustling. He will be the standard bearer for many military cadets and recruits for generations…a true champion who never blinked even when his OWN COUNTRY DAMNED HIM.

      Liked by 2 people

  4. jay says:

    The court’s first citation is to the regulation.
    The second citation is to the DC Cir Court’s own precedent.
    Oh my.

    Sully – think WWII. Here are you choices:
    a) Surrender
    b) Seppuku

    Choose wisely.

    Liked by 8 people

    • Santiago 1314 says:

      Judge SillyVan will Speed up the Amicus, to get it inside the 10 days!!!

      Liked by 2 people

      • exige24 says:

        Great!!! It was always a ploy to stall until November anyway. The corrupt judge has no standing no matter what kind of retarded lawfare concoction his snake resistance judge can come up with.

        Liked by 1 person

    • Issy says:

      Jay: You are assuming the judge is a student of history.

      Liked by 1 person

    • Dave Sanderson says:

      There’s a 3rd option for Judge Sullivan …he could announce his retirement. He turns 73 in June. A federal judge’s pension is better than peanuts, and then he can write a book that will lead to endless TV interviews ,,, and then best of all, he could get a regular side gig as a regular ‘legal commentator’ on CNN or MSNBC.

      He can announce his retirement as being due to health issues, blah blah, blah …”my lifetime of public service” …yada yada yada …and then he’s outta there STILL as a member in good standing of the swamp. He carried the ball as far as he could versus Flynn but couldn’t get it over the goal line.

      If Sullivan chooses his words carefully and makes his retirement ‘decision’ sound like he was taking the high road, he would be golden as a TV ‘legal commentator’ for another decade …he’s a visible minority, speaks well, looks good / distinguished … he could replace Alan Dershowitz or Jonathon Turley …that’s his way out of the mess he has created. When you’re going on 73, that’s the best way to get out and ride into the sunset.


  5. California Joe says:

    I suppose it’s good news. The appeals court could have ignored the motion or simply declined to review Sullivan?

    Liked by 3 people

    • Wethal says:

      It wouldn’t ignore the motion (even frivolous habeas corpus motions by prisoners with a lot of time on their hands get an official response), but could have promptly denied it. But it didn’t.

      Liked by 3 people

    • gda53 says:

      Suppose? SUPPOSE?

      Are you on meds?

      This is “dance on Benny Wittes’ grave” level of WINNING!!!!

      It’s the biggest FU possible for the Appeals Court to give to Sullivan.

      And 2/3 judges are conservative.

      O frabjous day! Callooh! Callay!’
      He chortled in his joy.

      Liked by 1 person

      • Issy says:

        gda53: Don’t celebrate yet. Most assumed the judge would dismiss the case based on the doj request. We have been disappointed by conservative judges before. However, based on their past decisions I’m hopeful.

        Liked by 1 person

  6. Linda K. says:

    May I say, Ha,ha.

    Liked by 1 person

  7. J Gottfred says:

    Carthoris, Sullivan needs to be the 16th Federal Judge to be impeached.

    Liked by 8 people

  8. MitchRyderDetroitWheels says:

    I guess we will in the days ahead learn just why in the hell Team Obama wanted to hang Mike Flynn. It has to be an off the chart reason(s).

    Liked by 3 people

  9. Cthemfly says:

    The panel’s order is directing Sullivan respond to only one issue, the central issue in the case. That means that the panel has already conferred on the matter. It does not want to hear about the appointment of the amici judge nor the issue of Sullivan’s recusal. By narrowing the writ to one issue, the panel is trying to minimize the damage caused by Sullivan’s politicization of the case. It is possible that in limiting the case to a single issue, while sensible on its face, Henderson and Rao have already accommodated Wilkins. It is unusual that in a writ the trial court judge is left hanging as typically one party supports the ruling and argues on behalf of the court…not here. I have a sense that this bodes well for General Flynn.

    Also it is very important that the DOJ accept the RSVP in an effort to protect its constitutional and institutional prerogatives. I could see where, if the issue of Sullivan’s recusal were still on the table, that the DOJ would be reluctant to participate, but now they must. The DOJ has been given the ethical and constitutional high ground by narrowing the issue to be heard. The DOJ response should be short and to the point regarding its institutional concerns.

    Liked by 10 people

    • Wethal says:

      The DOJ could simply say it agrees with Sidney’s legal analysis of this issue and leave it at that.

      Liked by 1 person

    • two percent neanderthal says:

      The Fokker case is on point and will be extraordinarily difficult to distinguish. The Court of Appeals sent that message. For Sullivan J. and his ilk, the end justifies the means. Sullivan’s response will be a circuitious by way of Robin Hood’s barn with a few passages intended for the propagandists at the Wash. Post and CNN. The goal is to delay, obscure, and leave something with which to attack Trump and Flynn. I do not expect an early dismissal order based on some newfound insight on the part of Sullivan. This will be resolved at the DC Appeals level.

      Liked by 1 person

    • Monadnock says:

      I’d like to think that the judge has that sinking feeling in the pit of his stomach… kinda like you feel when you stand in front of the judge at 16 to answer for that first speeding ticket (I was worried I was gonna yak)…. but I doubt it. I’ve gotta believe he knew the panel would act as they have… doesn’t give a sh!t… his nest will be lined in perpetuity. God forgive me, but I am having trouble not hating these people.

      Liked by 1 person

    • MACAULAY says:

      I don’t know much myself, but I know enough to know when I am reading the comments of someone who does. Thanks.

      I will look for your posts.


    • margarite1 says:

      How much of the appeal court’s response should Sullivan have anticipated? I’m having a hard time thinking that Sullivan actually thought he’d likely get away with his little maneuver. The only way this makes sense to me is that it is just another stall.

      Liked by 1 person

      • jeffsn4 says:

        It’s clearly another stall.


      • Padric says:

        Sullivan likely thought he had a 50/50 shot at pulling this off. Writs of Mandamus are exceedingly rare for them to even be entertained by the higher courts, so with that in mind he may have just decided to try the Hail Mary pass and see what happened. What I don’t think ever entered his mind was them telling him to answer personally. I saw one attorney commenting about this who said he’d seen this only one time before early in his career and he’d been practicing law for 45 years. The fact that they went this route tells me they’re pretty P.O.’d he blatantly ignored them and want him on record so they can both smack him around a bit and use it to re-enforce they’re previous rulings. As one person put it, use it as a way of saying “We REALLY meant what we said in the Fokker case, so don’t any of you other trial judges get any bright ideas about this”.

        Besides, assuming (dangerous, I know) the DC Circuit does indeed tell him to quit his nonsense and dismiss the case, he can now save face in the DC social circles by saying “Hey guys, I did my best. It was those evil Circuit court guys that made me stop it:.

        Liked by 2 people

    • fabrabbit says:

      Cthemfly: You use the phrase “the trial judge Is left hanging”. Is that legalese or colloquial?


    • Your comment seems very logical.


    • Padric says:

      Chemfly, what you write is entirely possible. I think there may be a simpler answer in that the DC Circuit judges may simply be trying to save themselves a headache by only wanting to hear from Sullivan on the dismissal issue because if he dismisses then it renders the amici and need to re-assign the case moot. If what you wrote regarding why they only want to hear from Sullivan on just the one issue is correct, then yeah, they’ve absolutely already conferred about the other issues and don’t see a need to hear about the other requests.

      I’m pretty positive the DoJ will respond to this. Really, they kinda have to in order to protect its prerogatives in future cases as you pointed out. I actually think they’re going to come in hard, with not only a strongly worded support of Sidney’s arguments but also attempt to close off whatever cracks in Fokker that Sullivan might think he can wiggle through.

      While I refuse to get my hopes up simple because this case has gone every which way but normal, I do think Sidney and General Flynn will ultimately prevail on this Mandamus. If so, what will be most interesting is to see just how they rule. I’m thinking if they want to truly smack Sullivan down they’ll issue rulings on both the dismissal and the amici issues but deny the re-assignment. They’ll make him own it. If they’re feeling more benevolent or wish to avoid any possible headaches in the future, they’ll only rule on the dismissal and say the other points don’t need to be considered because the case is essentially dismissed. Sullivan issuing the actual dismissal at that point is a mere formality.


  10. wvcoalman says:

    I wonder if the Clinton/Obama Cartel can organize a “Epstein” or a “robbery” to remove Sullivan (and what he knows) from the case before the 10 days are up?


    • RetiredSAIC says:

      If, for any reason,.Judge Sullivan can’t continue to hear the case, it’ll be assigned to another judge. From any new judge’s perspective the ruling on the dismissal would be the first order of business. It’s hard to imagine anyone wanting to take up this radioactive hot potato so the most likely outcome would be to grant the motion.

      Liked by 4 people

      • dwpender says:

        Your point makes perfect sense, except that one of the D.D.C. Judges is Amy Berman Jackson (and she likely isn’t the worst of the bunch)!

        Liked by 2 people

        • Issy says:

          dwpender: I thought I heard something about Stone appealing. Surely he is. I have never heard of a juror like the one on his case not being grounds for a new trial. Of course judge Amy didn’t see it that way.

          The doj should move to dismiss this case too. I don’t even know what he lied about and why he was testifying in the first place. If they prosecuted all that have lied to congress, the jails would be full.


  11. victorsharp says:

    Evil doesn’t begin to describe our enemies. Thanks for continuing to expose these vermin to the light. Sullivan belongs in prison not in a courthouse.

    Liked by 3 people

  12. Zephyrbreeze says:

    Supreme Court Justice Sidney Powell

    Liked by 2 people

    • YeahYouRight says:

      Love that idea, but Sydney would agree it’s better to appoint younger justices in this political climate.

      Plus, we’re so grateful that she’s fighting for Truth, Justice and what was the American Way. I so hope she’s training an army to expand and continue her work!


  13. Hate Rinos all you want, they still gave us 2 great supreme court judges and 200 or so federal judges.

    Simple formula at work

    MAGA Republicans > RINOs > Democrats

    Human > Lawyer

    Liked by 2 people

    • boogywstew says:

      That’s the way I see it. Don’t toss RINOs if there is no MAGA likely to win. Remember ALABAMA!!!

      Liked by 3 people

      • jebg46 says:

        Yes, definitely, the time to find a true Constitutional Patriot is during the primary season who can beat any and all Democommunists. Once we get to the General we have to vote a straight Republican/MAGA ballot because we must win both the House and Senate in order to obstruct any democommunist efforts to impeach. Otherwise we’ll get a repeat of the last 4 years.

        In reality President Trump is owed additional years to his term because of this seditionist coup. That won’t happen so we have to vote to give him 4 more years.

        Liked by 1 person

        • boogywstew says:

          After God, my Country is the most important thing to me. It must be a dream come true to elect someone President and the news media and opposing party don’t spend every waking moment trying to remove them. I guess from week to week and month to month, year to year, Obama supporters could just enjoy having their man securely in office. Sports teams showed up for honors etc. I missed out on that enjoyment. Demonrats owe us. They stole from us. We elected our choice and in some respects, didn’t receive it. President Trump should get a 3rd term.


  14. CTH Fan says:

    I do hope that people like Hannity do not get excited and make things worse. So many times TV and radio personalities run wild with their “Judge must do” comments that makes things very difficult for the Judges concerned. They get everyone excited and do victory laps when the ink is not even dry on the summons.

    This happens far too often and I think it just hurts General Flynn more than helps. Just my opinion of course.

    Liked by 2 people

  15. dbdailyupdate says:

    Judge Henderson will obviously settle this matter. Rao will do the right thing, and Wilkins will just parrot whatever Lawfare dictates to him.

    Liked by 2 people

  16. RetiredSAIC says:

    By citing the Fokker case the DC Circuit panel fired the clearest possible warning shot across Sullivan’s bow. A 9-0 decision, with the opinion written by the uber-liberal RBG, leaves little doubt how the panel would rule. Sullivan will never get the chance to address what he might believe are substantive issues UNLESS he can answer the threshold question of why a case in which the parties are in agreement (to dismiss) should be opened up to non-party argumentation at all.

    And he can’t answer that question without citing cases in support of his position as least as clear and powerful as Fokker. I’m not a lawyer but I haven’t seen or heard of anything that would even come close. So, with the DC Circuit “writing on the wall” being very clear, I’ll be interested in seeing whether he continues down a confrontational path or backs down and simply grants the dismissal motion. I doubt he would recuse himself because that would be an act of supreme cowardice and a huge hit to his reputation (such as it is). It would be like creating a huge mess and then leaving it for someone else to clean up. Its my guess he’ll write a confrontational response, full of sound and fury, and that response will stand as part of the permanent record no matter how the Circuit Court rules. In other words, he’ll make a big cannonball splash in the pool for everyone to notice and talk about, even though it accomplishes nothing. Pretty shameful, really. Especially when you consider the effect this has on real people. If Sullivan has any sense of decency, he should say his piece and then retire at the earliest opportunity.

    Liked by 3 people

    • jay says:

      The FIRST citation is THE federal rule of criminal procedure. Rule 48a
      “The rules have been promulgated and amended by the United States Supreme Court pursuant to law, and further amended by Acts of Congress.”
      The Federal Rule MUST be followed.
      The “leave of court” phrase has been interpreted by the Sup Ct.
      The ghost writing RATS can dance around the reg and case law until May 31,
      but on June 1, the DC Cir court will rule in Flynn’s favor.

      Click to access FRCrP12.1.2014.pdf

      This document contains the Federal Rules of Criminal Procedure,
      as amended to December 1, 2014. The rules have been promulgated
      and amended by the United States Supreme Court pursuant
      to law, and further amended by Acts of Congress. This document
      has been prepared by the Committee in response to the need for
      an official up-to-date document containing the latest amendments
      to the rules.
      For the convenience of the user, where a rule has been amended
      a reference to the date the amendment was promulgated and the
      date the amendment became effective follows the text of the rule.
      The Committee on Rules of Practice and Procedure and the Advisory
      Committee on the Federal Rules of Criminal Procedure, Judicial
      Conference of the United States, prepared notes explaining
      the purpose and intent of the amendments to the rules. The Committee
      Notes may be found in the Appendix to Title 18, United
      States Code, following the particular rule to which they relate.
      Chairman, Committee on the Judiciary.
      DECEMBER 1, 2014.

      Liked by 1 person

  17. spankynotalfalfa says:

    ” Mr. Rat, I have a writ here …. Now, It’s a rat writ, writ for a rat, and this is lawful service of same!  See? He doesn’t pay any attention to me. [shoots the rat] You can’t serve papers on a rat, baby sister. You either kill him or let him be. ”
    Rooster Cogburn. TRUE GRIT
    I think the judge is in a squeeze between Lawfare and The DC Appeals Court and will have to fold or go ALL IN.

    Liked by 1 person

  18. iswhatitis says:

    I will hope that the 10-day window is a sign that the Appeals Court isn’t going to let this thing drag out until, and through, the election (which is part of Sullivan’s plan, IMO; and also where the lying cheating Democrats hope to steal the win; and then not only bury all of this – but also turn up their “persecution engine” to 11).

    Time will tell, but this is a positive sign.

    Liked by 1 person

  19. Troublemaker10 says:

    Undercover Huber’s full thread analysis Reader App:

    A few comments about the US Court of Appeals for the DC Circuit’s order to Judge Sullivan to respond to Powell’s Writ of Mandamus



    Liked by 1 person

    • gda53 says:


      Rejoice! The end is near!


    • chuckyschmucky says:

      Huber finishes his thread with this:

      “Overall, this is a positive development and will at least force Sullivan to stop playing games and address the core issue of the DOJ’s motion to dismiss, which he’s being trying to wriggle out of. Doesn’t mean Powell will win (that’s a high bar), but a good start.”

      Seems a strange sentiment, given everything he stated leading up to that conclusion. Not to mention all of the commentary I have seen, which seems to be strongly favorable to Flynn.

      So, unless Huber was making another point, that really seems to have come out of left field.


      • MaineCoon says:

        I had the same reaction. A very odd conclusion imo.

        Liked by 1 person

      • Padric says:

        I think that was just his way of saying “Don’t get your hopes up, we’ve thought this was a done deal once before and that’s how we ended up here in the first place”.. Can’t fault him, really. This is D.C. we’re talking about where politics is seemingly the first, last and only consideration.


  20. An says:

    Here’s a twitter thread explaining why this ruling is more exciting than it looks.

    The TL;DR is that of all the options they had, they chose the most rare and drastic one by ordering Sullivan to personally respond to this. They’re also cutting his amicus out of the picture already–normally appeals courts would let the judge appoint an amicus to respond on their behalf. Sullivan already has appointed an amicus and… they’re ORDERING him to respond in person, when they normally merely invite the judge to respond if they so desire.

    Liked by 2 people

  21. Newhere says:

    The Department of Justice OBVIOUSLY has serious equities here. It would be beyond pathetic to sit this one out.

    Minimally, Justice should endorse Flynn’s motion. But really, here is where it’s APPROPRIATE for Barr to protect the institution and the executive branch and assert its prerogatives. Justice should submit its own brief hammering those points. I don’t see how Barr would justify not doing so; pushing back here is just as important to Executive branch authority/separation of powers as pushing back Pelosi’s attempt as Speaker to usurp judicial and executive powers.

    Liked by 3 people

    • sarsfield says:

      excellent q – will DOJ file own brief or simply adopt sidney’s brief in toto? Methinks DOJ should go on record w/their own response as they hasve a chance to stake out their own ground on this very important case – set the tone for other thngs which may come. IF I were the appelate ct I would expect that. Plus if mandamus motion is granted it is more powerful if DOJ had filed in support. Give the brief assignment to some young hard charger to showcase talent. A younger verision of Sidney Powell, maybe.

      Liked by 2 people

  22. Waymore says:

    Judge Sullivan has a lot to think about this Memorial Day Weekend. Hopefully he’ll see the Light, and dismiss the case.

    Liked by 1 person

  23. KBR says:

    Sundance has this categorized under

    Category Archives: Professional Idiots



  24. Baby Hurley says:

    Wow, he has to respond to the defense’s petition in 10 days…how in the world will he escape the claws of justice this time?
    But be sure to stay tuned…same bat time…same bat channel…(and I’m not suggesting you should eat bats, silly)

    Liked by 1 person

  25. MitchRyderDetroitWheels says:

    Judge Roy Bean…….Maybe you can explain to these people here that I mean them no harm. Tell ’em it’s going to be a new place. It’s going to be a nice place to live. I’m the new judge. There will be law. There is going to be order, progress, civilization, peace… Above all, peace. And I don’t care who I have to kill to get it. Now go on, you tell ’em that.


  26. Newhere says:

    Sullivan’s last decision read like it was written by 1Ls cribbing Rachel Maddow.

    This is going to be very interesting. Because if he dishes up another Maddow special, he will be INVITING a higher court to parse his legal reasoning and factual accuracy, with no guarantee that these “peers” will join him in ignoring the actual record.

    This may be a rare popcorn moment.

    And could Sidney Powell EVER have imagined she’d be in this sort of personal stand off with the one judge her book singles out amidst the wreckage? Her own story is one for the ages ….

    Liked by 2 people

  27. Bonitabaycane says:

    This is excellent news for General Flynn IMO.

    The Appellate Court is troubled by the actions of so-called Judge Sullivan.

    They are wiping his nose in the decision of precedence, United States v. Fokker.

    Read it Sullivan, you corrupt excuse for a Judge. You have no authority to reject an agreed Dismissal.


  28. Don McAro says:

    This Circus has been brought to by Rooster Head and Lindsey Graham.
    Both are useless water of time.
    Both should never be listen to again.

    Liked by 2 people

  29. Chance says:

    This is MIND BLOWING from a Twitter account called “Johnheretohelp”. https://twitter.com/Johnheretohelp

    It sounds plausible, and if true, it would explain why this so-called judge is trying so hard to subvert justice for LTG Flynn.

    Mr. (judge🤔) Sullivan, I had hoped all along that you would do the right thing, that you would realize that what you’re trying to hide is known by people on both sides. I had hoped in knowing that you would consider the situation moot and do the right thing. You did not. Instead you turned to your friends for more political favors and cover. So maybe exposing some of those crimes will prompt you to recuse yourself. It’s obvious you can’t be relied upon to do your job impartially and dismiss all charges, exonerating General Flynn.

    We have met. I have unfortunately worked with Elijah Cummings on more than one occasion. The latest was when he asked me to “assess” the viability of his wife’s political campaign. The access granted for that proved very, very interesting. Quick question “your honor”, over the years how many millions of dollars in government funds did yourself and your buddy Elijah Cummings siphon off of Howard University? I guess you were right when you said ” they don’t need it they never amount to anything”. On a side note, I think it’s very kind of you to help your good friend Cummings in his little multimillion-dollar insurance fraud scheme. Like he said no one’s ever going to get a police search warrant for federal judge’s house. What better place to hide a bunch of “stolen” artwork. I especially like the two of you have in your private office at home. You don’t have any intention of giving those back do you?

    But I digress. Besides the money laundering and the insurance fraud for yourself and your friends. Should we talk about the cases that you have corrupted for money or favors?
    I’ve compiled quite a list. Perhaps I should point out the non-politically advantageous cases
    where you just stuck it to the defendant because you could, or because you didn’t like them or their race, or because you had “fixed” so many other cases you had to make some of them look “normal”. Any comment judge? Because it’s about to get worse.

    There was a “secret” deal in your courtroom, a deal threatening General Flynn’s son. You can pretend it was a secret but you knew about it the entire time. You colluded with the prosecutor continuously. But all that’s very obvious now. An innocent man faced with evil, evil against himself and his son. An honorable man, an intelligent man with integrity, a warrior, will stand in front of his son against any evil. An evil plan thought you knew of an allowed to happen. Then you pretended not to know anything about it. And when it did finally come out you did not rebuke the prosecution for it.

    General Flynn fell on a sword for his son, you cannot ask for a greater love or respect. I know it well, I had to do it for my wife and my family. 🙏 We just discussed a relationship between a father and his son. One of the strongest bonds in this world and beyond. I understand you’re a father as well. Normally I would not discuss children but since your children figure so prominently in shaping your decisions on the bench I will go ahead and include them here.

    You have two sons, both of them violent no good pieces of crap that Daddy has had to cover for their whole life. One in particular, your namesake. That must be a particular thorn in your side.
    In 2012 he was arrested for the violent assault and rape of an underage girl. He beat and raped her for several hours at his home, and when he was “finished” with her, he left her laying on the floor while he went and watched television. He didn’t give her another thought until approximately an hour later when he went to use the bathroom and she was still laying in the same spot, unresponsive. Did he call an ambulance out of concern? No. He left the house and called you from his car. You wanted to know who it was. Obviously this has happened before and you wanted to know how bad cleanup was going to be this time.

    This time it was the daughter of a “family friend”, someone who owed you a lot someone you had enriched, and abusing your authority as usual you knew you could cover it up. Instead of calling 911 because of “recordings”, you instructed your son to call the local fire department directly. (Real shame they keep a recorded line as well 😉) and once dispatched to your son’s address they found the girl lying against the wall in the bedroom, still unresponsive. They got her to the hospital, saved her life, she was bleeding externally and internally, another hour and she would not have made it, saving daddy’s little namesake a murder charge. But the ambulance company call the police reported it oh, your son was arrested. There was no way out the evidence was overwhelming so you and Cummings, and Rod took care of it. Lost in the system, no disposition. Still on the books but never made it to court. Your son must be very lucky have you as a father. The girl was not as lucky.

    That was in 2012, this is 2020, this summer she’ll be old enough to take her first legal drink. I don’t know what she’ll celebrate if she does, her life has been very difficult. Everything she’s had to go through, including her own family, her father that you control, telling her to “get over it”. She has a lot to get over, at least she will never be burdened with a child like your buddy Obama says, no concessions for her, too much damage for that. But you managed to bury it.

    Fast forward a few more years and the same son is picked up in a multi-state sting of online pedophiles. I’m sure all those pictures and videos he was trading, all those children oh, I’m sure they were asking for it too 😭 Back to your friends, Cummings, Catherine Pugh, rod. Funny how are your friends are corrupt or convicted. With that previous charge still on the books you really had to call in some favors to make this go away. Close to 900 people picked up, you managed to make that case disappear somewhere in between the state and federal level, with some RR help there. 👍 Wouldn’t want him to pay for the crimes he committed would we? You owe so much to so many people and they are really pulling your strings now aren’t they?

    You do not deserve to wear that robe. General Flynn, an innocent man willing to destroy every minute of his life, everything he has achieved, to save his son. When both of them are innocent and attacked by others. You, allow your sons to harm others. And in your own corruption you continue that corruption to cover theirs. No matter how many lives are destroyed. The only thing you seem to be competent in doing is destroying innocent lives. And selling your position to fix things. You hid it so well, you had a lot of help, but you definitely hid it well. Laundering money through dead people’s names, your “incident” at Howard University, at least she was over 18, the other incident at that party. I can see where your son’s get it. And on and on. So much more, so many records, especially when one knows where to dig. You don’t have the help you used to, the layers of your onion are being peeled back, but you’re the one who’s going to cry this time. These are terrible, libelous statements, IF UNTRUE! I encourage you to abuse your authority once again and haul me in to your farcical court. I have so much to put on the record, I look forward to that. But even more, that young lady I mentioned earlier, she’s an adult now, and living on her own. And she wants her day in court as well. 🙏 Nearly everything has been taken from me already, if all I have left in me is to help clear General Flynn and help heal that young woman by exposing your corruption then so be it 🙏🙏🙏 .

    Liked by 3 people

    • margarite1 says:

      HOLY MOLY!

      Liked by 1 person

    • Issy says:

      Chance: Sure makes interesting reading but you have to have more than a twitter post to give it any credulous.


      • margarite1 says:

        A few days ago there was a comment somewhere that Sullivan had problems because he covered up for his son…thus making him easy to manipulate – so he was exactly the type of judge the Clintons appointed – one who would do what he was told due to his skeletons.

        This isn’t the first I’ve heard about Sullivan having a son he covered up for….although this is way way worse.

        Liked by 1 person

        • Issy says:

          I remember that comment and thought of it while reading the more expansive comment. However, it’s just too far out without some evidence.


    • California Joe says:

      Sundance really needs to read and follow up on this information about how dirty Judge Sullivan is!


  30. MicD says:

    Muhammad Ali ~ “I don’t want no gray baby”


  31. fred5678 says:

    I’m not a lawyer, but it seems that the panel has placed a pre-written case dismissed form on his desk, with a predetermined specific excuse for him to use, and … incidentally .. is holding a gun to his head. The preprinted addendum cites a late delivery of the Fokker decision to Sullivan’s office.

    Enjoy the holiday weekend, Sully!!

    Liked by 3 people

  32. jeffsn4 says:

    If you listen closely you can hear the Lawfare dirtbags scheming in a back room somewhere.

    Liked by 4 people

  33. gda53 says:

    Was feeling kind of low when Sullivan refused to do his job per Lawfare advice and instead did the silly thing.

    Even lower when Sullivan tried to push this into July and beyond.

    Had no confidence that a mandamus appeal would succeed, even if it was tried.

    Presumed that the leftist Circuit judges would rule……in favour of Sullivan.

    So just imagine my absolute delight – I’m literally over the moon with this. I feel like I won the lottery!

    Lawfare = Loserfare!


    Liked by 1 person

  34. Troublemaker10 says:

    Liked by 2 people

  35. Laramie Evan says:

    Henderson (appointed by Bush)
    Wilkins (appointed by Obama)
    Rao (appointed by Trump)

    That’s about all you need to know. (Appointments are for elevation to appellate court; not initial district court appointments).

    Liked by 2 people

  36. Tommy says:

    Interesting scenario: if the 3-judge panel reach a judgment to dismiss, can Sullivan appeal to the full court?

    If a judge cannot appeal, then it’s essential the final judgment of Flynn’s case?


  37. Ellis says:

    Sundance –

    On Twitter you said you feel like Sullivan will prevail.

    Is that hunch based on politics or law? Any chance you can explain your thoughts?

    Liked by 1 person

  38. TarsTarkas says:

    It ain’t over until it’s over. And Obama hasn’t chimed in again yet. This case is like a centipede. A lot of shoes have dropped but some of the feet are still shod.

    Liked by 1 person

  39. T2020 says:



  40. coltlending says:

    I expected the DC Circuit would slow walk this.

    I’m glad to see this.

    I say that with guarded optimism, given the history of all of this.

    I hope for Gen. Flynn & Sidney Powell and America this is over for Gen. Flynn by the middle of next month, July 4th at the latest.


  41. Fools Gold says:

    Does anyone besides me believe the Missouri PA Jenson listened to the rcorded tape between General Flynn and the Muh Russia Ambassador before he let Barr know his recommendations? 🤐


  42. fabrabbit says:

    Why give Judge Sullivan ten days? He must already have his justification for taking the action he took! I guess Lawfare is going to be busy this weekend writing his brief! I’d give him 48 hours to respond, if even that.

    Liked by 1 person

    • wxobserver says:

      Question for a legal mind…I understand that normally, the party in the case which opposes mandamus must act as counsel for the Judge…but in this case both parties are in agreement…so who is allowed to act as counsel for Sullivan? Can lawfare types legally step in and supply the Judge with a response? See the link below for more on why I’m asking.


  43. oldersoul says:

    I am not as pessimistic as Sundance about this panel. I think Flynn has a good chance on this one.

    The key will be Henderson. It is a deep swamp. But she’s an old-schooler going back to the Reagan era. I think she shoots straight on this one. And I think that is reflected in the briefing Order.

    A lot will depend on what Sullivan files. If he wants to muck it up, he may contend that he has yet to dispose of the underlying dismissal motion to pose a ripeness issue. However, I don’t think a seasoned panel will fall for that kind of meshugas.

    Liked by 2 people

  44. Todd says:

    The Supreme Court already settled this last year. RBG wrote the Court’s unanimous opinion. If the DOJ dismisses a case, it’s over. The judge can’t ask for instant replay, challenge the call with a red flag, or request a review of the call on the legal field. The DOJ is the final decider, and the SCOTUS confirmed it 9-0.

    Judge Sullivan is in very hot water.

    Liked by 1 person

  45. Todd says:

    This link is behind a paywall from the WSJ…


    Judge Sullivan vs. Justice Ginsburg

    In his zeal to convict Michael Flynn of something, federal Judge Emmet Sullivan is harming his own reputation. He’s also violating the law, as he’d know if he had read Supreme Court Justice Ruth Bader Ginsburg’s opinion last week overturning the Ninth Circuit Court of Appeals.


  46. thebigharry says:

    Before we crucify Judge Sullivan, think about what happened before Sidney Powell entered this case.

    The case before him started out fairly simple and all parties agreed that the law had been broken. All he had to do was dot the I’s, cross the T’s and hand down an appropriate sentence.

    As we all now know, that didn’t happen.

    The original Prosecutors had lied to him, the original Defense team had lied to him, and yes, even Flynn had lied to him in that he pleaded guilty to a crime that he did not believe he had committed and also lied that he wasn’t coerced to do so.

    I can’t say when the Judge realized this but my guess is way back when the sentencing guidelines starting getting fishy and he kept delaying sentencing.

    A lot was happened since then. The original defense team is gone, the original Prosecutors are gone, Flynn wants to withdrawal his guilty plea, and the DOJ wants a dismissal.

    Judge Sullivan’s court was turned into a circus, everyone involved, that hasn’t already left, is looking at the door and he’s pissed. I am, you are, and everyone paying attention to this is. Even those that wanted to see the screws put to Flynn are pissed and we all know what they will do to Judge Sullivan if they think he went easy on Flynn. Persona non grata in a heart beat.

    In a perfect world Judge Sullivan would be able to come down hard on the original Prosecutors and the original Dense team while acknowledging the extenuating circumstances for which Flynn should not be charge with lying to the court within his guilty plea.

    That world does not exist for Judge Sullivan, but what he can do, and I believe he has done, is toss this hot potato out of his court and into a court that can stick a fork in it.

    If that happen, I’ll take it as a win and ,for now, give Judge Sullivan the benefit of the doubt.


  47. Merkin Muffley says:

    Sullivan’s legal argument will be “But Orange Man bad!!!”.


  48. Jan Pauliny-Toth says:

    “…this approach will require Sullivan to put his proverbial cards on the table.”

    I suspect there may be literal cards on the table: lawfare cuecards. Can anyone conceive of their plan now? They obviously, looking at Sullivan’s timetable, had charted a flow of delay until after the election.
    Now that that plot is doomed, do they have a plan B?
    On another tangent, it is all to prevent General Flynn from spilling the beans (on Radical Islum (sic), Moreslum Brotherhood, fake Gülen teachers, false flags under 0 etc), so why are they not simultaeneously pursuing a course which would lift that gag? Once GeneralFlynn has told his tale, there is no motive for lawfare to continue. Apart from vanity, revenge and sheer immanant or innate liberal evil.
    Finally, is there any truth to the rumours about his (Sullivan’s) son? Assault to the point of death of a young female teen, drugs etc? Blackmail? If true, and published, S might have been less arbitrary in his legal interpretation (i.e. speculating on treason, calling a plea change obstruction or perjury – the Supremes ruled iirc that perjury can never be obstruction or contempt)…


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