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:

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

  1. srfndoc says:

    Expected but still discouraging. They truly are trying to run out the clock and hope Trump is out in November.

    Liked by 21 people

    • Fubu says:

      Just remember, Hope is NEVER a good strategy. But I’ll guess it’ll do when you have nothing else.

      Liked by 3 people

    • donna kovacevic says:

      Apologize to my treepers, but a serbian saying is appropriate for Judge Sullivan and whoever else is behind this, Metak u glavu, a title of a movie Sly Stallone was in. I am sure many watched and enjoyed it, I sure did. BTTH. God Bless Lt. General Flynn and Sidney Powell.

      Liked by 12 people

    • luke says:

      Yes the media understand that if Flynn walks out a free man it will only bolster the Trump Campaign. Even if Trump were to lose in Nov he would pardon Flynn before leaving office. If 2020 has taught me anything it’s there is no level the left will not stoop to. I thought they had limits but now using widespread violence and intimidation is an acceptable tactic as long as it gets the job done.

      Something for Treeps to understand, the left is not playing with us anymore. The only reason we got Trump and a chance is that in 2016 they got lackadaisical and let him slide in. They never took him/us serious. I promise you people like O kick themselves in the backside every day knowing how close they were to ending our miserable existence. After HRC won they would have dismantled America like nobody’s business. They won’t make that mistake again.

      Liked by 29 people

      • vikingmom says:

        Absolutely correct luke!

        She was never expected to lose – the Left got sloppy and lazy during the eight years of Obama because all resistance was quashed so quickly that many had no idea how deeply the cold anger against the Swamp ran…and now they do know (or do they?) and they are fighting with every dirty trick in the book! Because this time, they know that we know and they KNOW that Hillary’s words will come true if Donald Trump is re-elected: “If that f**kin bastard wins, we’re all going to hang from nooses!”

        Liked by 3 people

        • luke says:

          I have been labeled a conservative since shortly after the Sept 11th attacks. Was my first time really starting to understand politics. When I would preach the gospel friends & fam who did not agree with me would deflect and label me a Republican and/or conservative. The sad truth is that I never really cared about either platform so much as I was motivated by my fear of the Left. I remember feeling this way in 2016. The anxiety was surreal. I have been aware what they might be capable of and knew once they won there would be no stopping them.

          They were and would most likely continue to be subtle. Slowly eroding our way of life in a quiet fashion but deconstructing it nonetheless. They would have taken over the courts and continued to indoctrinate. Anything they wanted to achieve without much scrutiny would be left to the judicial branch. But now they are completely exposed as the veil of their intentions has been lifted. Hope enough people see it for what it is. Thus far the people I know on the left (not many) have only dug in further. I don’t keep company with them anymore unless it is absolutely necessary. Lol it’s simple now IMO, one of us has to go.

          Liked by 7 people

          • ABN says:

            100% agree and relate

            Liked by 1 person

          • James Carpenter aka "Felix" says:

            “Thus far the people I know on the left (not many) have only dug in further.”
            The plurality of this “digging in” speaks to a people’s view of themselves. The commonality of it bespeaks something very simple, very basic and deeply rooted.
            I suspect it is ego. Pure and simple.
            As the gulf between demonstrable reality and their fantasy constructs widen, the tension between feeling good about themselves and admitting gross error increases.
            Rather than “take the loss” and admit that perhaps they have been “misled”, they “double down”, seeking refuge in consensus with like minds.
            Some people like to think of their ideas as being better. We cheerfully argue them in open contest.
            Others think being better themselves for holding certain ideas. They see “heresy” as a personal attack and react accordingly.

            Liked by 1 person

            • luke says:

              Perhaps it is their ego that blinds them to the truth. Strange I have a few so called “friends” on the left, but not many. I am sure I communicate with them on a regular basis but I don’t want to know. Out of the ones that I know who are I have a bigger ego (I suspect) tho it’s hard to measure.

              However let me interject. I think what compels them is a desire to be “loved” “liked”. This came to mind as I typed my response. Thinking about the ones I know; all have a desire to be “cool” or “in”. Sounds rudimentary but if we start from there might be helpful. They have a desire to belong. It’s same with both sexes. It’s a strange thought, but this is why Celebs, Athletes, etc hold such a sway.

              Liked by 1 person

              • James Carpenter aka "Felix" says:

                Totally agree.
                Humans are social, gregarious. An artifact of evolution and what “survives” to reproduce.
                Thus, the herd. The hive mind.
                I see this in horses, a “herd” animal.
                Horses are mostly content to go with the flow in their herd. Just so long as they _have_ a herd and know their place in it. Of course, every individual occasionally looks to see if they can “up” their standing… but win or lose, they strive to live their lives in herd harmony.
                Nothing is so miserable as a horse who isn’t settled with their own place in the herd pecking order. It is demonstrated with the interjection of “newbies” into a herd. The quicker they find their level, the quicker their bites and kick-bruises heal.
                SJWs are herd animals. And quite circumspect (cowardly) where deviance from the expected is concerned.

                Liked by 1 person

    • johnnybiface says:

      There is a large contingent of judicial and Pentagon level brass that operate and commit as anarchists. In an email inviting military and civilian members to an “Operation Inclusion”conference, the US Army email claimed that MAGA and Celebrating Columbus Day among other normal behaviours as indications of White Supremacy and White Supremacists. This broadcast email was sent by a Chaney P. Pickard from the US Army Aviation and Missile Center. Mo Brooks, US Rep, Ala. brought this to light.

      Liked by 4 people

    • cjzak says:

      Exactly and so easy to see. Is there a way to force this to occur immediately?

      Like

    • Trump will now pardon Flynn and Stone.

      Like

  2. Will J. says:

    If anyone doesn’t believe we are at war you should wonder no more. This is unbelievable.

    Flynn has ALL the dirt on Obama. It’s the only thing that makes sense.

    Liked by 37 people

    • Tired of All This Crap says:

      Then why doesn’t he simply release it?

      Liked by 6 people

      • maggiemoowho says:

        I agree, if he had the dirt, he would have released it already.

        Liked by 1 person

        • gda53 says:

          Exactly. What’s to stop him speaking out now?

          Surely the DOJ will block any move for this whore of a judge to put any “penalty” on Flynn, or to throw him back in jail?

          So just give the finger to the judge and get on with it. Go into his courtroom and call him out in front of witnesses as well. Make his life a living hell.

          Liked by 1 person

        • luke says:

          Yea I am skeptical that he has this treasure trove of evidence biding his time to be released lol. This is about stopping a personal victory for us/Trump before November. Trump will pardon them all but not until after the election. He can’t do it until it’s over. It’s very likely same for the DOJ (Barr & Durham). We just saw what the Neo Marxists are capable of and it ain’t comforting. There is no hiding from them if we lose. And I hope that is clear now. You may live away from the cities on a self sustaining farm with guns and ammo but that only means you will last a little longer.

          Liked by 3 people

      • gunrunner03 says:

        Exactly. Or have someone leak it. Beginning to think there is no “there” there.

        Like

      • Pedro says:

        Flynn has zero dirt in his possession. But he knows where to dig for it in the intelligence bureaucracies. And that is what made/makes him a threat.

        Liked by 9 people

        • vikingmom says:

          This is the option that makes the most sense to me. Flynn may not have any actual dirt in his possession BUT if this lawsuit is dismissed then he will be free to go looking for it and he may have a very good idea WHO is hiding WHAT and WHERE they are hiding it!

          Liked by 3 people

          • cjzak says:

            Who knows if anything is still around? Plenty of time has gone by to allow destruction of evidence to have been done. Why do we want to believe that these unethical liars in the deep state wouldn’t do something like that. They don’t care one bit about consequences because they never get any and pretty soon there won’t be a person left in govt. military media, courts, big Corp, etc who would lift a finger to do the right thing. Any pro right, pro America, pro Trump issues are deliberately being dragged out past Nov. 3 the way it is playing out.

            It seems the whole entire leadership in this country now wants the left to win. Scary stuff.

            Like

    • rashomon says:

      If he has the dirt on Obama, he has it on Biden and everyone associated with these two losers. Gof bless, the man and his family for surviving this travesty.

      I still don’t understand how Sullivan has become the prosecutor, judge and jury (wash, rinse, repeat) over this case. Talk about OVERreach!

      Liked by 3 people

    • Dekester says:

      I just finished reading a PDJTs twitter account and came across this thread.

      So what does the President of the United States have to do to get this criminality truly exposed to the general population.

      If I were he, and I not get elected in Nov of this year, the U.S. would be history..I would tear down the whole place.

      Goodness me, did the election of PDJT ever open a festering sore that needed cleansing.

      Republican, Democrat or Independent, what does it matter.

      Without the rule of law, the U.S. would cease to function.

      A few of us PDJT supporters were chatting this morning, and agreed that a full fledged revolt is in the near future.

      Tens of millions of Americans and others worldwide see what is going on..this Flynn farce, and the harassment of your President is simply stunning to witness.

      Obviously the Republicans wish to lose the Senate, and believe things will carry on like normal after they axe PDJT.

      I don’t think so, PDJT has the support of tens of millions, and his base are infuriated.

      Crazy thinking maybe, but all civilizations die. Maybe this is what’s happening to the U.S.

      I sure hope not, but your cities are literally crumbling, crime infested cesspools.

      In fairness so too are Cities in other Western Nations.

      However your judiciary has been weaponized and appears unstoppable.

      God bless PDJT

      Liked by 7 people

      • Hans says:

        Try buying 5.56 NATO rounds.. people have stocked up.. none available…
        if Rino’s Think this is two tier justice system is ok.. they are so wrong.

        We have watched BLM and AntiFa.. don’t want to live under their rule…

        Like

      • donna kovacevic says:

        Funny you say that Dekester, not really funny, but was speaking with a few friends from Germany, Austria, Serbia and things are not great their either, however all said the same, they would be terrified to live in America especially if POTUS were to leave. God Bless PDJT.

        Liked by 1 person

        • Dekester says:

          Cheers donna,

          IMO the enemy have no idea at the wrath coming their way.

          I am quite open now in my disgust with anyone on the left, It is great being retired, and having enough means to say F**k off to anyone that virtue signals, or attempts to gaslight me.

          God bless PDJT

          Like

    • Bill says:

      I was just thinking the same thing. This ALL has gotten passed the breaking point. Anyone who thinks we are getting out of this with out a physical conflict is burying their head in the sand. We have passed the point of no return. Just look at everything happening.

      1. Our major cities have been invaded and for all intents and purposes, conquered by marxists.
      2. Judges flat out violating the judicial system and acting rogue from the Supreme Court down to the lowest levels.
      3. Colleges completely eviscerating white students and all of their freedoms.
      4. Massive corporations taking sides with the marxists and not even caring about their bottom line numbers, which in a a sane world, the BOD would throw the execs flat out on their asses.
      5. The media openly promoting communist totalitarian intiative throughout our society and holding it up as beacon for good. Encouraging violence against ALL white people, including infants.
      6. Dem and Rep politicians conspiring with each other to disobey their constituents as well as the most flagrant and horrendous of all things, attempting to oust a sitting president/candidate elect, voted in by the public.
      7.Covid-19. Unleashing a virus on the globe in order to push a socialist agenda world wide and weaken/cull the masses. And used to create divide against the public. You have the maskers V. the non mask sane humans.
      8.And on and on and on and on and on….

      I hope everyone here realizes, there is no putting the genie back in the bottle. We are smack dab in the middle of the third civil war. (The first being the revolutionary war). It’s only a matter of time before WE and our fellow like minded citizens of all colors and creeds, mobilize and DEMAND this comes to and end right NOW. Until that happens, this will never end.

      Liked by 3 people

  3. oldersoul says:

    As I stated in the General Thread, Sullivan has already obliterated his argument.

    He has had ample time to dispose of what is a ministerial motion in his own court, even despite the intervention of the Circuit.

    Instead, he has wasted weeks and months fighting over his ‘right of disposition’, instead of just disposing of the underlying Motion.

    The Circuit should deny this Petition. They are not going to overturn Fokker and disrupt Separation of Powers for this guy.

    Liked by 19 people

    • BuckNutGuy says:

      Yes. But the Circuit won’t deny…this is all about delay. 100%. I am hoping part of SDs work on the “far side of the wire” relates to the reasons the DS is so dug in on Flynn. Not our suppositions, but facts. What is he really ready to reveal….?

      Liked by 5 people

      • Tl Howard says:

        I’ve always believed there is something much more widespread to the fears of Obama, the Dems, and yes, several senators and House members that we still don’t know.

        Liked by 10 people

        • vikingmom says:

          Howard – I agree with you! This is more than just simple graft, fraud, and theft from the taxpayers (even if it’s to the tune of millions of dollars!). I believe there is treason and a clear plot to overthrow the Government of the United States of America. A lot of useful idiots do not realize what they are in the middle of and just think it’s politics as usual, but those at the top know full well what has happened, what is currently happening, AND what will happen to them if the truth is ever fully revealed!

          Like

          • Alli says:

            Vikingmom, I agree. I have been on the same thinking track for years and it’s terrifying to think how so many evil malicious people want to take down our great nation. We remember telling a friend prior to election that we would have to become Hellary supporters to survive what’s coming if Hellary became president. Our friend was so shocked but now our friend and friends get it.

            Like

        • cjzak says:

          Do you ever wonder why they just haven’t arranged a convenient accident ala Breitbart perhaps and gotten Flynn out of the way? Kill switch maybe in play?

          It puzzles me the left would exert so much energy on blocking Flynn. Even if PT doesn’t win, what’s stopping Flynn from exposing them all then with PT’s help at that point?

          Like

        • donna kovacevic says:

          T1Howard, yes they are all criminal bastards and only God knows what evil they have been involved in. Dark to light sweet Jesus, please help the good people see the light, and destroy the evil. In your Holy Name we pray, Amen Amin. Boze Sveti pomozi.

          Liked by 1 person

        • T1, trillions of dollars flew out of this country over the last 30 years, along with entire manufacturing industries (70k+ factories closed) & millions of American jobs. They created dust bowl, dried up communities – DEAD – all across the country. They’re hiding the personal gains & protecting their future gains – the Ruling Class Establishment did this to us, along with multinational corporations… and we taxpayers kept returning them to office. The day of reckoning is upon us.

          Like

  4. MACAULAY says:

    No doubt in my mind that he would not have asked if he didn’t already know the answer is YES.

    Liked by 7 people

    • Barnestormer says:

      If Sullivan has truly been acting under orders, as many commenters have theorized (and his Cpt. Ahab impression would support), his en banc petition makes perfect sense.

      That would be true even if he suspected a denial by the Circuit, as it allows him to plead to his controllers that he did everything he could, and at the risk of professional humiliation.

      Like

      • MACAULAY says:

        His controllers—Lawfare/Obama Crime Cartel—call it what you will—it includes all Obama appointed Judges.

        I don’t know what back patio at what cocktail party in DC it occurred, or who conveyed the word, but a Lawfare Lawyer was advised that there were six votes there for en banc and he promptly ordered the legal brief prepared and it was put in front of this clown-judge to sign. Sullivan probably didn’t even read the whole thing, doesn’t need to—he is just a soldier in the Crime Cartel.

        Very sad state. Obama said he was going to fundamentally change this country. He seldom told the truth—but he damn sure did that time.

        Liked by 1 person

  5. mayflowerchild says:

    Baiting Trump to pardon him? For some reason, they want Trump to pardon both Flynn and Stone . Maybe to use as a campaign weapon? Trump is campaigning on “law and order”, they would use these pardons against that issue. i don’t think Trump will do any pardons before the election.

    Liked by 4 people

    • Deborah Fehr says:

      would you think if Trump pardons them, it will sully any testimony they may be able to give in the investigation, as it will look like they owe Trump for the pardon? I’m not sure, but it seems if Trump pardons them, their testimony will seem less credible.

      Liked by 3 people

      • cofvevern says:

        Flynn deserves to be found innocent and fully exonerated. A Presidential pardon is not an actual determination of a person’s innocence.

        Liked by 7 people

    • Mr e-man says:

      He should not pardon them as long as they are fighting their court battles. However Stone should not be forced into prison. Trump could commute his sentence for humanitarian reasons while leaving the conviction. He could later pardon if Stones appeals fail. I don’t think commutations and pardons are mutually exclusive.

      Liked by 2 people

      • cofvevern says:

        Flynn deserves to be found innocent and fully exonerated. A Presidential pardon is not an actual determination of a person’s innocence. And Flynn is innocent.

        Liked by 2 people

    • paper doll says:

      Imo, they would charge President Trump with “obstruction of justice ” if he pardons folks. More impeachment nonsense….but they will anyway….just for something other nonsense

      Liked by 1 person

    • Snellvillebob says:

      Pardoning General Flynn will make him ineligible to work for the Federal government again. That is not a problem with Roger Stone.

      Liked by 2 people

    • luke says:

      No Trump can’t do any pardons before the election. They know he would immediately after even if PDT loses. This is about NOT letting Trump win before November.

      Liked by 1 person

  6. Kirsty I says:

    Panic, I smell.
    Scared s***less of General Flynn, I know.
    To make PDJT ‘have’ to pardon him, they want.

    Liked by 2 people

  7. helmhood says:

    DOJ dismisses charges: strike one!

    3 judge panel grants writ, orders acceptance of dismissal : strike two!

    Anticipate the full panel strike three on Mr. Sullivan. Yer outta here, buddy.

    How’s that for a baseball analogy.

    Liked by 2 people

    • Expect further delay when Sullivan appeals to the SCOTUS if he does not get the en banc panel to either take it up or the en banc panel affirms the 3 judge panel’s decision.

      Liked by 5 people

    • TarsTarkas says:

      If they deny the en banc motion, can Sullivan appeal to the Supremes? If he cannot, I would expect him to attempt to sit on the case until after the November Election.

      Like

      • gda53 says:

        Appeal? Appeal what, exactly? Judges in the real world can’t appeal. They are JUDGES.

        This is ludicrous. It makes the US Court system a laughing stock.

        Liked by 3 people

      • ACMeCorporations says:

        I understood that the writ did not go into effect immediately. I believe for 21 days. Expected Sullivan to wait they entire 21 days before appealing for en banc. If his appeal is denied, I don’t think he’ll be able to wait until the election.

        Like

        • I believe Sullivan waited until the deadline. I had guessed it was yesterday 14 days. Apparently, the Court gave him 15 +6 for Mandate on July15. Still don’t think Sullivan has the votes if he couldn’t get the court to act sua sponte..

          Like

    • timothy says:

      Deep state does not blackmail mlb refs; they blackmail Joh Roberts and other cowards

      Like

  8. Jimbo says:

    He’s an absolute jackwagon swamp lizard

    Liked by 1 person

  9. Will says:

    There is no rule of law in this country any longer. Two tiered justice system.

    Liked by 10 people

  10. Kirsty I says:

    The censors refused my first offering.
    I will clean it and proceed.
    Panic, we smell.
    Loosening bowels, it is.
    Terrified, they are.

    Liked by 3 people

    • Ninja7 says:

      Kristy I, Believe that it is WordPress in processing the comments. Appears to take more time at times.

      However, I like the “Yoda ” wording, brought a smile to my face. 😁😁

      Liked by 2 people

    • amwick says:

      WordPress can be wonky… there is no undeserved censorship.. there are moderators and they are very good at what they do… To be clear, stuff that is really gross, vile, violent… that is not tolerated.. you can read about it in the guidelines.. ..

      Do not take it personally…

      Like

      • Then WP is really flaky because I have had posts disappear in cyberspace that wouldn’t even upset my 90 yr mother let alone anyone here but they DID say things that arent’ politically correct. Subjects that flat out won’t post yet I could talk about other thing and they posted normally.

        (Please no one waste your time telling me to clear cache or other advice.)

        Liked by 1 person

        • amwick says:

          No.. I would never say that.. I just have confidence in the moderators… and I know wordpress does do weird things.. I am an admin on little site,, so I see what can happen

          Like

        • amwick says:

          that,, and if you are new to a site.. your posts sometimes go in a bin.. I don’t understand it.. but I have seen it happen.. I was sure I was being censored at first.. but no… nothing like that..

          Like

    • I don’t think they are afraid of LTG Flynn one bit.
      They know exactly what they are doing.
      They are sending “we the people” a message that we don’t count any more.
      And, laughing in our faces all the while.

      Liked by 1 person

  11. labrat says:

    Infuriating. How do we get our country back? I don’t recognize it anymore.

    Liked by 3 people

  12. Gaius Gracchus says:

    They are so afraid of Mike Flynn. He must be a real danger to the Obama Alumni Association and the Deep State.

    Judge Sullivan must also be blackmailed with some really hardcore stuff……

    Liked by 1 person

    • Misappropriation of funds from Howard University…..and prolly plenty more.

      Like

    • Raptors2020 says:

      Gaius:
      I see the world in manichean terms. There was one great revolution – the American Revolution. Most revolutions since have been counter-revolutions. Humanity still craves a return to monarchy and feudalism. Washington turned down the offer of the American crown: that’s why he’s the father of American democracy.

      If the Left had their druthers, Obama would now be our king. They wanted Michelle to become their queen. That clock is still ticking. Why do you think the drooling Biden is their heir apparent? Closest they could get.

      The Bushes, the Clintons: the feudalistic impulse never dies.

      Like

  13. fred5678 says:

    Only good thing — Sullivan is hopefully exposing Lawfare to a wider audience. How this outrageous resistance group has been such an important factor in our nation, while flying under the RADAR from ordinary voters, is incredible.

    Liked by 8 people

  14. Richard Hawkins says:

    So why doesn’t the DC Circuit just tell him to pound sand?

    Liked by 2 people

    • Wethal says:

      They may. The DC Circuit will ask themselves, “Do we really need to review this? Do we really want to spend any time on it?”

      The basic argument to the full court is: Two of your colleagues screwed up, and you all need to fix it.”

      Liked by 2 people

  15. Jederman says:

    #WAR. No scheisse it’s war. No point in speculating whether sullivan knows he’s a puppet, is ok with abuse of his bench or is under the impression he is correct.

    It no longer matters. We ARE in a war. The Left is serious about this take over. This ain’t about winning in Nov, this is about their revolution. The hate us. They are comfortable with our immediate or gradual extinction, whichever, just as long as we’re gone.

    And we are still coasting.

    Liked by 3 people

    • frances says:

      I agree, they have gone full bore, this game is for all the marbles and my guess is death camps for the loser aka us

      Like

    • Perot Conservative says:

      Many believe this is ALL about the SC / RBG seat. Possibly 2 seats.

      Like

      • fragemall says:

        keeping bill, hill and barry out of jail as well as sc

        Like

      • Mello says:

        Perot- I think that’s a tired republican viewpoint to believe the Dems are fighting so hard because of future Supreme Court vacancies, as if it’s a fair fight. If you look at the rulings of Chief Justice Roberts he clearly is having “leverage” applied to him. We are seeing Obama’s massive data base at work, thanks to the illegal harvesting of American citizens data via the HAMMER (HAMR) Super computer. My point is, if Dems can blackmail ANY judge, then they don’t have to fight for getting a liberal in, they can manipulate a Conservative to do what they want. The whistle blower that turned over 47 hard drives Of HAMR evidence to Comey in 2015 said included on those drives was evidence of data collection on Roberts. This whole “get rid of Trump” thing is about protecting their illegal activities with HAMR. I mean, look at the convoluted reasons Roberts used to support Obamacare. The HAMR at work. Just one example.

        Liked by 1 person

  16. neilmdunn says:

    For what it’s worth, I started following Techno Fog @Techno_Fog on twitter (at some point last year or so after seeing TFog referenced here). Worthwhile items–like the Sullivan filing–are posted there.

    Liked by 4 people

  17. andrewalinxs 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”

    Its sooo common their is no exact Precedence of it ever happening…. and the closest case relevant was a 9-0 Supreme Court Decision against the idea.

    Liked by 3 people

    • MelH says:

      Remember when Sydney Powell received the declassified exculpatory in favor of Flynn and began giving some each day to the Judge and on the third day he rebelled and said he didn’t want her doing that anymore? So that leaves Flynn Brady goods unseen by Sullivan, right?

      Liked by 2 people

      • andrewalinxs says:

        He made it no longer public release by putting it under seal. That means he is no longer letting us see it.

        I can tell you why it was embarrassing for him to have Powel show every day a new reason why her Client was being plowed under by the Judge and the Prosecution and when the Prosecution decided it was no longer going to join in and left him holding the Shovel he became furious and now we see him losing his mind.

        Liked by 1 person

        • MelH says:

          He is no longer letting us see it, but she, we have no proof he saw it! Why doesn’t Sidney call him on that? It”s as good as still being Classified.

          Like

  18. Bone Fish says:

    Sullivan has a thick face and a black heart. When you conceal your will from others, that is thick and when you impose your will on others, that is black.

    Like

  19. Snellvillebob says:

    I am under the impression that General Flynn is under an order of silence of his previous work for the government. This is why they want to keep him in a judicial nightmare.
    Could another judge fix that order so he can talk? As the Muller scam was intended to temp President Trump into doing anything to interfere with the investigation, maybe they are they just waiting for Flynn to blab then throw him in a prison for disobeying the court.

    Like

    • GovLaw says:

      Perhaps, but he can’t talk TS-SCI with just anyone. TS is TS and even if there’s not a gag from Sidney (I’m sure they talk about it all the time), being quiet has advantages. To a point. He’s not just going to start blurting out classified info when he finally wins.

      Liked by 1 person

    • Wethal says:

      Flynn could have found roundabout ways to get info to Trump on illegal surveillance, Iran side deals, and Brennan’s off-the-books intelligence capers.

      Liked by 1 person

    • cheering4america says:

      No. This came out recently in a Sidney Powell interview; General Flynn was NEVER under a gag order officially, he had just chosen to remain quiet for the interim.

      And as you can tell from a few of his recent interviews/calls/tweets, he has broken that quietude a little but not fully yet.

      Like

    • Suky Tawdry says:

      In an interview Sidney Powell stated that Flynn was not under a gag order, but was refraining from speaking to maintain the integrity of his case.

      Liked by 1 person

    • MaineCoon says:

      Per a recent Sidney interview (Epoch Times, maybe) Flynn is not under a gag order.

      Liked by 1 person

  20. cheering4america says:

    Shameless.

    Well if he is still – and THEY are still – this desperate to buy time, there must be some pretty awful stuff they are pulling out all the stops to hide.

    Liked by 7 people

  21. thrawlbrauna says:

    The only consolation is that it’s only July and this seems to be the final hail mary he can play. The rest of the judges refusal to step up means it’s all on Sully. So assuming they give Colonel Sanders-Sully his hearing.. How much longer do you think they can drag this out? Or do they get more discovery and get to go back-forth again like last time?

    Liked by 1 person

  22. GovLaw says:

    If no other circuit court judge was going to request en banc, and Sullivan has to do it himself, that should signal that there aren’t 6 to vote to hear it en banc. But this case has been anything but predictable. Stall tactics again. I wonder how long before they vote. Maybe another week?

    Like

  23. justlizzyp says:

    Burn it all down, Ms. Powell.

    Liked by 10 people

  24. Mr e-man says:

    If not one of the Judges on the full court, including the dissenter from the panel, asked for an En Banc, why would we think it would be granted because Sullivan asks for it? They are all like little roaches, not wanting to venture out in the sunlight and be exposed.

    I don’t know the rules but I would think there would be no more filings to the court, just a hearing on the previous filings. They would need time to review those and the panels hearing and then schedule a hearing maybe in August/September. If they rule against Flynn in late August/September, Sullivan could reschedule his hearings past Nov 3rd. Mission accomplished.

    Just sick to think of the political corruption going on here. And the people are helpless. Our people that are assigned to protect us are not doing it. Our only recourse seems to be the ballot box which doesn’t happen every year and even that is under assault with mail in fraud.

    Liked by 8 people

    • Tom W. says:

      In the grand scheme of things, how much is the Flynn dismissal delay going to affect how people vote in November, whether it’s resolved by then or not?

      Zero, that’s how much. This case will not matter one iota at the ballot box.

      Liked by 1 person

  25. Alli says:

    Wow, Obama’s orders to delay Flynn’s rightful/lawful dismissal are unreal. I am not sure but I wonder if Flynn’s dismissal officially is what PDJT is waiting on to pardon Stone. Flynn’s dismissal would makes it so clear on how the deep state has stepped into deep s$$$t. Once Flynn starts to sue and retaliate it will put the deep s$$$t on defensive .Just thoughts I have not sure

    Liked by 3 people

    • cheering4america says:

      A possibility I had not thought of. Isn’t Stone scheduled to go to prison July 14? Perhaps Sullivan thinks that the entire situation will look partisan and politics-laden if President Trump has to act on any of the cases before 7/14 to save Stone’s life … and that might affect whether General Flynn is later entitled to damages for malicious prosecution and whether any of the DOJ cases, Durham, Jensen, any of them, are dismissed for being politically motivated.

      That is only five days away.

      Like

  26. Raptors2020 says:

    The larger question in all of this, is can a democracy survive, if large portions of the electorate, of the citizens, simply refuse to accede to the rule of law? If the losers refuse to submit, when they lose. In Britain and Canada the opposition party is referred to as her Majesty’s loyal opposition.

    What if the Democrats are so determined to exert a one-party state, that they now will accept the results, only when they win? So many Republicans, like McConnell, seem eager to assume the role of the official losers. The Washington Generals. It’s a democracy, because we go through the rigamarole of a show election, with the results pre-determined? Not my idea of democracy.

    Rush Limbaugh made me see this long ago. The Democrats are done with democracy, done with a multi-party system. It’s now to be a one-party state, ruled by bureaucrats and judges. The pretense of elections will continue, but not for long. The absurdity of Biden as a candidate signals their contempt for the process.

    Liked by 10 people

    • amwick says:

      Well, here we have Judge refusing to accept the rule of law… SMH….

      I think they will replace Biden… at the last minute…

      Like

    • Orygun says:

      Well said! That in a nutshell is where we are at. President Trump is our last hope to avoid all out bloodshed.
      If we all have to move to red states then it will be uncivil war 2.

      Like

    • Battleship Wisconsin says:

      Raptors2020: “What if the Democrats are so determined to exert a one-party state, that they now will accept the results only when they win?”

      The Democrats must win the presidency in 2020 or they will see their leftist progressive agenda begin to slide ever faster into the political abyss.

      Losing the presidential contest is not an option for them. They will use every trick in the book to steal the 2020 election. But if somehow they still come up short, they will contest the election in the courts in multiple venues.

      IMHO, what is now happening in the Flynn case is, in part, a lawfare wargaming exercise.

      The Democrats are tuning up their lawfare legal team, including their fellow traveler judges, for the massive attack on our constitutional democracy they be will launching in the courts on Wednesday, November 4th, 2020, should Donald Trump win the presidency again on November 3rd.

      Like

  27. Patricat says:

    DOJ needs to open an investigation on Sullivan for corruption. This is too far looney to be anything but corruption.

    Liked by 4 people

    • starfcker says:

      Hate to sound ignorant, what is a DOJ? You make it sound like there’s an institution out there that could do something about this corruption. I’m no expert on government, but I don’t think we have that anymore.

      Liked by 2 people

  28. Caius Lowell says:

    Disappointing — God bless LTG Flynn…

    Liked by 2 people

  29. KDW says:

    If the GOP had any stones, they would impeach Sullivan, Berman-Jackson, and even Roberts!

    Liked by 3 people

  30. fanbeav says:

    The Obama puppet judge has to stall the case until the elections. If Flynn is free to spill the beans, that’s the end of it for Demsheviks.

    Unfortunately for General Flynn, he is still paying attorney fees so this activist judge can pretend he can prosecute even through DOJ and Appeals Court said NO!

    Like

  31. Isman says:

    Is it possible that Sullivan’s delaying tactics are causing problems or delays to Durham’s probe?

    Liked by 1 person

  32. Guyski says:

    After dismissal, Flynn can talk publicly, correct? 🤔

    Like

    • Suky Tawdry says:

      Powell has stated he is not under a gag order.

      Liked by 1 person

    • Hans says:

      Gen Flynn can talk anytime…. that’s not the problem.

      If he is pardoned MSM. Will just label him as a lier. Convicted Felon. … and ignore him…

      Flynn knows where the bodies are… we all do.. but the people who want to be blind , who are still listening to CNN … he must be set free by dropping the charges,,,

      Like

  33. gsonFIT says:

    Sullivan needs to pay for his own legal services. His choices have prolonged this mess, and if he feels that strongly about it legally he needs to pony up. Playing poker without money is just playing cards.

    Liked by 1 person

    • Perot Conservative says:

      FOIA Judge Sullivan to see who is paying his attorneys.

      At his age, it sounds like his Millenial clerks are running the show, he just nods and passes along directions from Ben Rhodes (Obama).

      Like

      • gsonFIT says:

        Attorney Beth Wilkinson wrote a 60 page brief for the circuit court, Who paid for that? He needs to disclose who funded this legal work.

        Liked by 1 person

        • bonkti says:

          You and I did.

          Liked by 1 person

          • gsonFIT says:

            No doubt. We paid the FBI and DOJ who did not want to prosecute, We paid Special Counsel who decided to politically persecute. We then paid DOJ again who decided previous malpractice warranted dismissal. And Finally we are paying a racist Judge’s attorney to appeal it to a higher court.

            BTW isn’t there a legal doctrine that dictates pragmatism by all involved and offers dismissal due to these nonsensical delays? Seems like the outcome is obvious butjourney remains long

            Liked by 1 person

  34. Phflipper says:

    I know I’m not in Flynn’s shoes yet given Sullivan’s games I would be struggling to honor the courts gag order at this point. Yes, and I can only imagine the ramifications would I to go against the order.

    Like

  35. They are trying everything to keep the gag order on Flynn for as long as possible. He has info that will bury the Obama administration…

    Like

  36. fred5678 says:

    Some of their pro bono work:

    “Wilkinson Walsh successfully represented one of the more than 150 defendants arrested for their alleged role in Inauguration Day protests in 2017.”

    Like

  37. FreyFelipe says:

    Why should anyone bellow him follow Sullivan’s rulings when he doesn’t follow the rulings of those above him?

    It would seem Sullivan is attempting to stage his own coup. One against the entire American judiciary system.

    Why hasn’t he been committed to a mental asylum by now?

    Liked by 1 person

  38. Bogeyfree says:

    Let’s assume Gen Flynn is under some type of gag order.

    Can not the President of the US overturn that gag order as I’m sure it had to be around National Security issues?

    If he can they why doesn’t PT invite Gen Flynn to the WH where AG Barr and Ratcliffe are present and they debrief Gen Flynn and ask questions such as……

    1) Where do you believe the left wants to keep you shut up?

    2) Did you observe any irregularities with our IC during 2012-2014 while in government?

    3) Did you observe or were you aware of any illegal spying actions during 2012-2014 while in government?

    4) Did you observe or were you aware of any government officials or agencies who engaged in kickbacks, money laundering schemes during 2012-2014 while in government?

    5) Did you observe or were you aware of any government officials or agencies who engaged in kickbacks, money laundering schemes with foreign governments during 2012-2014 while in government?

    6) Did you observe or were you aware of any government officials or agencies who engaged in the illegal selling or distribution of weapons to foreign terrorist organizations during 2012-2014 while in government?

    Record the interview, declassify everything discussed and play the video to all Americans.

    It is time to go on the offensive!

    Like

    • Wethal says:

      “Can not the President of the US overturn that gag order as I’m sure it had to be around National Security issues?”

      It’s part of a judge’s authority to issue gag orders to the parties and lawyers involved, (if there is an official gag order).

      Like

      • Mr e-man says:

        Sidney Powell was asked in an interview recently if Flynn was under a gag order by Sullivan. She said no he wasn’t. He just personally chose to remain silent.

        Maybe on request of his attorney. But it doesn’t seem like that helped his cause with his persecutor Sullivan.

        Liked by 1 person

  39. Wethal says:

    F. R. A.P. 35:

    An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:
    (1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or
    (2) the proceeding involves a question of exceptional importance.

    (b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en banc.
    (1) The petition must begin with a statement that either:
    (A) the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed (with citation to the conflicting case or cases) and consideration by the full court is therefore necessary to secure and maintain uniformity of the court’s decisions; or
    (B) the proceeding involves one or more questions of exceptional importance, each of which must be concisely stated; for example, a petition may assert that a proceeding presents a question of exceptional importance if it involves an issue on which the panel decision conflicts with the authoritative decisions of other United States Courts of Appeals that have addressed the issue.

    Liked by 1 person

    • California Joe says:

      Sullivan’s request doesn’t seem even close to meeting the requirements for an blanc appeal!

      Liked by 2 people

      • Wethal says:

        Opening sentence of Sidney’s brief right there.

        Like

        • Krashman Von Stinkputin says:

          Does it make sense for the DOJ to file their own independent Writ at this point?
          Or does that just reset the clock more?
          The lack of the DOJ filing their own was brought up by Wilkins during oral arguments and has now been weaponized by Sullivan.

          Like

    • oldersoul says:

      This is correct.

      The Panel decision maintained the uniformity of that Circuit’s decisions, as expressed by Fokker.

      And there is nothing of exceptional importance in question at this point from a legal perspective in these matters.

      And Sullivan has undermined his own argument on the equities, as I expressed early in this thread.

      Sullivan should be denied. But we will see.

      Liked by 2 people

  40. Terra Rayner says:

    Seems risky if the judge that authored the Fokker decision is on the full panel….I don’t think he would want his decision in that case questioned??? I could be wrong!

    Like

    • Wethal says:

      Sullivan’s brief argues that a SCOTUS case, RInaldi, is the binding precedent. Sullivan’s counsel can distinguish the facts of Fokker from those of this case, without attacking its underlying reasoning.

      Like

    • NJF says:

      That’s what I keep going back to. Plus the scotus just ruled on amicus briefings, literally a few months ago. The decision directly goes against what Sullivan is trying to push here.

      Liked by 1 person

    • rayvandune says:

      Not as risky as Sullivan not following orders to drag it out as long as possible!

      Like

  41. Brian Baker says:

    Clearly dragging it out. The uniparty does not want Flynn’s story, and any related evidence under seal, to be told during the presidential campaign. If the full court takes it up when does the en banc hearing occur and when is a decision reached on it.

    Liked by 1 person

  42. azgulch says:

    I hope Sydney Powell goes on the news tonight, to here what she thinks. May you live in interesting times.

    Liked by 2 people

  43. DeWalt says:

    This is the usual Lawyer Tactic of playing the clock. They all do it.

    Like

  44. Pity Flynn can’t file some sort of harassment charges against sullivan because that sure is what it sounds like to me. Perhaps sullivan should be busted to district atty instead of judge so he can chase whatever cases he wants to prosecute.

    Liked by 1 person

  45. California Joe says:

    The Lawfare warfare is on many fronts not just Sullivan. For example, go back a month and look at the daily charts for the S&P500 each day at exactly 11am the market plunges because CNBC does a news broadcast hyping the soaring Coronavirus “cases” in Florida, Arizona or Texas. It’s the exact same hit job on the stock market every day at the exact same time with the exact same fake news! Of course, they never mention that millions of people are getting tested at drive-by test sites and they obviously have no symptoms because it’s not being ordered by a doctor and they are not in a hospital or clinic setting. Hospitalizations and deaths are plunging but CNBC never mentions anything but the…we’re all going to die hysteria citing the same former FDA Commissioner Scott GOTTLIEB who was appointed by Obama!

    Liked by 5 people

    • GB Bari says:

      Great observation. 11amEDT every day. Thats pretty blatant.
      It’s not surprising since Wall Street Globalist CNBC has been antiTrump from the outset.

      Like

  46. Nom de Blog says:

    I believe this is a wonderful option. This means Sidney Powell has more time to gain access to more documents that prove Flynn was railroaded. The Sullivan argument – the guy who was railroaded pleaded guilty to the railroading – is just plain dumb. As even more information is turned over to the defense, the public gains lots more information about the illegal plan to deprive American citizens of civil rights. After the case is dismissed, the DOJ and Powell become legal adversaries, as she will surely bring a suit to cover her billing and damages suffered by Flynn.

    More time means more sunlight. Good.

    Liked by 2 people

  47. Genie says:

    Looks like plenty of high-priced folks helped write that petition for Emmet. I wonder if he has read it?

    Like

  48. bulwarker says:

    Where the H#LL is Ratcliffe with more declassifications?

    Liked by 3 people

  49. Abster says:

    So, I imagine everyone expected Sullivan to rear his ugly head – again. It sounds doubtful that PTrump would pardon Gen. Flynn. So now what? Is a rehearing required or can something else be done. I tell ya, like everyone else, I’ve had it up to my eyeballs with this crap.

    Liked by 1 person

  50. Bogeyfree says:

    Imagine if they rule against the DOJ and their desire to drop the case.

    The precedent, after it goes to the SC where Roberts could likely vote with the left, will now be set in stone that ANY judge can refuse to drop ANY case that the prosecution wants to drop.

    Also, every defendant who wants to change their plea for any reason will be forced to think twice about as they can now be charged with a new crime BY THE JUDGE if they change their plea.

    Massive intimidation.

    If they overrule the DOJ our entire judicial system will have forever been changed.

    Judges, Leftists and the Media now make all the rules.

    If this occurs, Mark it down as one of the darkest days in the foreshadowing of the demise of America.

    Liked by 6 people

    • Dekester says:

      Bogeyfree,

      Terrific post, maybe PDJT will go down in history as the last freely elected U.S. President.

      Incredible what we are witnessing.

      Liked by 2 people

    • GovLaw says:

      “every defendant who wants to change their plea for any reason will be forced to think twice about as they can now be charged with a new crime BY THE JUDGE if they change their plea.”

      Yes, and even worse when, like here, they find out about the massive corruption by the FBI and AUSAs, Brady violated, side deal not shared with the court, threats against family members, etc. and they hesitate to change a plea in fear of a judge who could impose an even harsher sentence. This is just madness.

      Liked by 1 person

    • oldersoul says:

      Extrapolate much? A Circuit panel just gave Sullivan a giant kick in the keister.

      And you are now marking this strained and judicially disfavored en banc request as leading to “one of the darkest days of … the demise of America”?

      Weren’t you the guy who had Trump convicted by the Senate in February?

      Your imagination is getting the best of you.

      Like

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