Judge Sullivan Digs In – Asks DC Circuit for a Full Panel Rehearing (en banc) on Dismissal of Flynn Case…

Judge Emmet Sullivan is refusing to accept the three-judge appeals court ruling – which granted a writ of mandamus and instructed Sullivan to dismiss the Flynn case per the DOJ and Flynn defense unopposed motion. Today Judge Sullivan is asking the Full DC Circuit Court panel to conduct an en banc rehearing of the issues. [pdf here]

There is no guarantee the full DC Circuit will agree to the en banc request. However, given the nature of the court, it should be anticipated. What really appears to be the undiscussed background is an effort to keep dragging this issue out as long as possible. This is beyond judicial activism running amok, we have now entered the realm of judicial weaponization.

The Lawfare resistance was strongly advocating for this judicial approach. However, what we can infer from the need for Sullivan to trigger the en banc request is that no individual circuit court judge was going to do it independently (sua sponte) which was an option.

It appears Sullivan waited to see if one of them would; then, after a period of time where he identified no circuit judge would independently put himself/herself into the spotlight, Sullivan makes the en banc request himself.  The panel will likely accept the request.

Sullivan’s en banc petition essentially says his requests to have an outside amicus brief the court -on all the reasons not to accept the unopposed motion to dismiss- as commonplace; and he decries the DC appeals court mandamus decision as “a dramatic break from precedent that threatens the orderly administration of justice.”  [I think he’s stalling.]

Here’s the full filing outlining the position of Judge Sullivan:


This entry was posted in 4th Amendment, 6th Amendment, Activist Judges, AG Bill Barr, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Dept Of Justice, Donald Trump, Donald Trump Transition, Election 2016, media bias, President Trump, propaganda, Spygate, Spying, THE BIG UGLY, Uncategorized and tagged , , , , , . Bookmark the permalink.

575 Responses to Judge Sullivan Digs In – Asks DC Circuit for a Full Panel Rehearing (en banc) on Dismissal of Flynn Case…

  1. ArmyAviator says:

    The Sullivan Case (no longer Flynn) is a PRIME EXAMPLE of the Deep State Weaponizing the Judiciary! This should be a shoker to everyone, but of course to the Deep State, it’s par for the course! Imagine what the courts will do when the Deep State removes all of the Trump appointed Judges and replaces them with Communist Judges!

    Judge Sullivan reminds me of Nazi Judge Roland Freisler! While not as boisterous and obnoxious as Freisler was, Judge Sullivan has assumed the role of Judge, Jury and Executioner in this case! This is a forewarning of how the COMMUNIST Judges, under a Biden regime would look and act!

    Liked by 6 people

    • jay says:

      ‘The Sky is Green’

      Say it! Again! Repeat it! Now Believe it! Louder!

      Say it like you Believe and Believe it – Believe it even in the silence of the night or you’ll be beaten into submission. Your thoughts are scrutinized and controlled. Nothing belongs to you- not even your thoughts. Especially not your thoughts. Truth is what they say. Reality shifts. Nothing can be relied on. The world makes no sense. Good.

      ‘The Sky is Green’ yes! It is green.

      That is communism. The thought police has already started to function in the United States.

      Liked by 2 people

    • mike says:

      As far as I am concerned, Sullivan is and has been actively interfering with the Executive branch and engaging in coup activity. Sullivan should be fair game as much as any terrorist firing a machine gun on federal property.

      Liked by 1 person

  2. RonR says:

    Lawfare has been around for a while and has claimed a number of scalps. For examples see Sidney Powell’s “License to Lie” and the case of Scooter Libby. The Russia hoax and the Mueller investigation are lawfare attacks. Where we have had lawfare at the prosecutorial level, as Sundance noted, Sullivan has now added lawfare at the judicial level, “judicial weaponization”.

    Once tangled up in a lawfare attack, one is severely punished even if the lawfare attack eventually fails, and that is the point of the attack as well as delaying and crippling the political opponent. Often, the lawfare target is forced financially and otherwise to run up the white flag and go away.

    In short, when one examines these lawfare attacks, especially the years of attacks on the Trump Administration, it shows that the Democrats mean business, they mean to smash political enemies no matter the method and no matter the cost and they have an army of prosecutors, at least one judge, politicians, and the MSM ready to do their bidding.

    I don’t know what the answer is to the lawfare and judicial weaponization tactics but when I look to the GOP, I see nothing. What do you do when District Attorneys and judges use their power under the law to attack political enemies? This is a total corruption of the judicial system and the rule of law.

    Liked by 9 people

    • Catherine Thompson says:

      Can Barr just not pull Sullivan off of the case. Can Sidney petition the Appeals Court to pull Sullivan off the case?


    • gsonFIT says:

      One of the answers is to make it impossible for Non Government Organizations (NGOs) to receive tax deductible contributions

      Liked by 2 people

    • mikeyboo says:

      “What do you do when District Attorneys and judges use their power under the law to attack political enemies?”
      ooo ooo I know this one!! but ……. that would be wrong……I guess.


    • abdiesus says:

      The reason you see nothing like this from the GOP is because the GOP is not the enemy of the DNC but rather the *partner* in the effort to steal the maximum amount of money from the American taxpayer. There is no need for the GOP to do *anything* to help those who are attacked by Lawfare, or, perish the thought, perhaps use the legal system in the same way as Lawfare to punish and persecute and destroy the DNC, because that would be counterproductive to the true goal of the GOP. And besides, GOP politicians realize that “court battles cost money, and the more money spent on court battles, the less money for ME!”


    • 24may98 says:

      Lawfare “wins” because they play in the casino they own and operate.


  3. shirley49 says:

    He used to be halfway fair. What happened to him. Suspect he is being blackmailed. I am sure Trump is not the only one spied on. Sure there are a lot listed as never Trumper’s that have been spied on.

    Liked by 1 person

    • mike says:

      Halfway is like a “little bit pregnant.”
      Sullivan allowed Sen Stevens to be persecuted until Stevens lost to socialist Mark Begich, with many evils springing from that..


  4. gsonFIT says:

    2 question for our legal minds.

    How rare is something like this Sullivan appeal? (I know it is not an appeal)

    Does Judiciary Committee have any say so in this matter?

    Liked by 1 person

    • Gavin Kirk says:

      Pretty rare according to some lawyer’s blogs and podcasts I’ve listen to. It seems like its a congenial little club and once a judge is actively criticizing a ruling of a higher court on his conduct it’s seen as unbecoming or a distraction according to traditions. The judges don’t want to be airing their dirty laundry in public and want to be seen as models of composure and judiciousness. Now its going to be a humiliating refusal by the entire circuit court to even discuss the matter. The best Sullivan can hope for at this point is they allow him to remain on the case just so he can make a ruling to dismiss and at least try to keep a shred of dignity after this fiasco.


  5. spoogels says:

    Flynn Case: Was It THE HAMMER? Judge Sullivan Oversaw Case Of Pagliano, IT Expert Who Set Up Hillary’s Private Email Server; Judge Gleeson Protected HSBC From Criminal Prosecution While Comey Joined HSBC Board


    Liked by 1 person

    • spoogels says:

      Interestingly, key evidence in national security cases overseen by Judge Sullivan have gone “missing.”

      State Department emails relating to Pagliano have gone“missing.”

      In the Flynn case the original FBI Form 302 reports of Strzok and FBI Special Agent Joseph Pientka’s ambush interview of General Flynn also went missing. Those 302 forms were then altered by Strzok and Page in order to frame General Flynn.

      Liked by 1 person

    • moosemalloy says:

      It is interesting to note that Emmet Sullivan was the judge for the Watergate-related lawsuit Dean v. St. Martins, Colodny Gordon Liddy et. al and apparently imposed an insurance settlement between the two sides even though Colodny and Liddy  were reportedly eager to go to trial and refute the Washington Post-John Dean version of Watergate. 


      • Laramie Evan says:

        Nah. Judges don’t “impose” settlements on anyone. Litigants who emerge always say they were “confident” and “eager” to go to trial. That’s standard operating procedure. You reach a settlement. You accept it. You tell the press that you were going to crush the other side if it went to trial. Par for the course.


  6. Country_Kat says:

    I know this isn’t a popular line of thought so I really hope I don’t get jumped on for saying/asking but… could Judge Sullivan be pushing for this case to continue in order to bring more sunlight/exposure to the DOJ and their malfeasance? Granted it’s at the expense of Gen. Flynn, but could that possibly be it?

    It’s been a few months at least, but somewhere along the line someone posted a link in the comments to thread reader and the Twitter thread that followed made some very interesting points. God how I wish I could at least remember the Twitter user’s name.

    It was along the thought line of how strong Judge Sullivan was against the DOJ for failing to provide Brady material and their shady actions in so many cases and how he was possibly fed up with the DOJ. So much so that he isn’t willing to let the DOJ simply dismiss this case against Gen. Flynn and slink away into the darkness where their misdeeds could remain hidden. That he’s attempting to force the DOJ to either lay the naked truth out for all to see what they’ve done or to keep pushing that fake narrative that he can later expose.

    In NO way am I saying that this scenario is what’s going on, but could it be possible? Judge Sullivan was the ‘hero’ in Sidney’s book, she’s said that much herself in interviews. So could it be possible that there is so much wrong doing in Gen. Flynn’s case that he’s pushing for the continuance to actually help and expose what the DOJ has done/is doing?

    Just a thought/question.


    • Issy says:

      Country_Kat: No, it’s not possible. Sullivan dismissed every motion from Sidney to enforce his order Brady material.

      Liked by 4 people

      • Country_Kat says:

        True, and I actually had that same thought as I was typing earlier.

        I guess it’s just hoping against all hopes that someone on President Trump’s/America’s side will help expose this crud before us citizens are forced to take drastic measures. 😔


    • tojak says:

      obama is telling sullivan what to do.

      They MUST keep Flynn in limbo to protect themselves.

      Flynn knows too much, and when finally exonerated, will tell all…

      Liked by 2 people

    • Smack says:

      You don’t clean your own house on someone else’s dime,

      Liked by 1 person

  7. PMM says:

    Does Sullivan have any ties to Obama (directly or indirectly)? I suspect the objective is not to necessarily win but to delay the final outcome until after the election. Once Flynn is free, then he can speak and I have a feeling that he has a lot to say. Is there anyway that he can talk before the final decision?

    Liked by 1 person

    • moosemalloy says:

      Sullivan has ties to the National Bar Association and served as a judge for the NBA for awards they were dishing out.It would be interesting if somebody could get the record of Emmet Sullivan cases he handled when he was a DC public defender 1971-73.


  8. Deplorable_Vespucciland says:

    Some have questioned why Judge Sullivan’s superior hasn’t stepped in and removed him from this case for insubordination. The Chief Judge of the District can reassign Sullivan or even discipline him in some way. Wonder why that Clinton appointed Chief Judge hasn’t done anything about this out of control judge? Well, apparently that District Chief Judge is none other than the infamous Merrick Garland; who apparently still has a chip on his shoulder.

    Liked by 2 people

  9. cantcforest says:

    Lt. General Flynn’s framing and subsequent trial has set a new record for lawyers and judges clearly engaged in self-abasement. Of course, the record may be eclipsed by Barr/Durham if their is ever a judge involved.
    I expect Gunny may expand on my description.

    Liked by 1 person

  10. cantcforest says:

    their there WP*** didn’t have anything to do with THAT…dammit


  11. crikey9 says:

    The purpose is delay…each step of the Sullivan saga since DOJ dropped charges is a delay. Eachdelay gains the swamp 3 more weeks….I dont know if its delay til November or until the next coul against Trump is operational or Flynn has an accident

    Liked by 1 person

  12. There are no real experts on writ practice involving a writ this extraordinarily rare. There isn’t enough repetitive practice to gain this type of expertise.

    I have relied the most heavily on Margot Cleveland to shape what I already know. Now based on her twitter feeds she seems confused. I don’t have twitter and don’t have any way to contact her. I would like to pick her brains for about 20 minutes. I believe she sees the big picture.

    There are a lot of nonlawyers that are not accurately reporting on this story and are practicing law without a license. Most of the lawyers who are reporting aren’t much better.


  13. wxobserver says:


    • wxobserver says:

      and this follow-up analysis thread too:


    • wxobserver says:

      Looks like this guy’s guesstimate was right. DC Circuit has asked Flynn to respond. Maybe it was Judge Wilkins asked to poll the court…?


  14. Laramie Evan says:

    I disagree. I don’t think an en banc hearing will be granted. Here’s why:

    1. This case does not present novel issues that are likely to recur and need a full panel hearing, nor does it arise from a split in the circuit. The normal conditions for an en banc hearing are not met.

    2. As noted in the article, individual judges could have urged a full panel hearing. Given point #1, the only real reason for a full panel hearing would be individual judges wanting their day in the limelight. If that were a motivation, you’d have seen one or more of them urge a full panel hearing. They didn’t and are unlikely to grant this request.

    3. As noted in the comments, it’s questionable whether Sullivan even has standing under the Federal Rules of Appellate Procedure. I don’t find this argument to be compelling however. They allowed him to argue against the writ so I doubt they’d find a lack of standing for an en banc petition. It would be an easy way to deny the petition but I doubt they’ll use it — bad precedent for later.

    Because of #1 and #2, I suspect they will not grant en banc review. Then, I suspect Sullivan will seek relief from the Supreme Court, which will swiftly be denied. By “swiftly,” I mean in a matter of a few months after relief is sought. That’s what amounts to swift at the SC level, particularly with a recess coming up.


  15. Auwtsnae says:

    I agree that Sullivan is stalling, but why?

    Who stands to benefit from prolonging the inevitable?

    It’s my understanding that Flynn is currently under a gag order.

    Why do they want to keep him silent?

    And who needs him kept silent?


    Does Flynn know something about Biden that could jeopardize his campaign?


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