Flynn Case Update: DC Appeals Court Requests Flynn Response to Sullivan En Banc Petition…

The DC circuit court has requested a response from Michael Flynn’s counsel (and/or DOJ), by July 20th, regarding the petition filed by Judge Emmet Sullivan for a full panel en banc review of the mandamus order.  The prior mandamus order required Sullivan to accept the unopposed motion to dismiss the case. [pdf here]

Notably the court is not permitting a re-response from Sullivan (implying they have enough information) only a brief reply from Sidney Powell, and inviting a brief response from the DOJ as appropriate.  In the interim the writ of mandamus (Rao order) is stayed until the court decides whether to grant the en banc review.

In short: •Petition response (from Powell and/or DOJ) requested by July 20th. •No counter petition allowed. •Judge Rao mandamus order stayed. •Court *may* consider (vote on) en banc review pending petition response.

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211 Responses to Flynn Case Update: DC Appeals Court Requests Flynn Response to Sullivan En Banc Petition…

  1. Caius Lowell says:

    My response? Unbelievable! Unacceptable!

    Liked by 10 people

  2. olderglory says:

    It’s not over yet but so far, Team Sidney Powell > Team John Durham. By a wide margin.

    Liked by 8 people

  3. Mark L. says:

    As impossible as it seems, we continue to reach new lows.

    Liked by 6 people

  4. Since I don’t know what the big words mean I am hoping that this court will understand that sullivan isn’t the prosecutor and is supposed to rule on cases presented to him and not to demand a case is prosecuted.

    Liked by 4 people

  5. rrick says:

    Damnation and hellfire. This judge has taken a page right out of the Roberts playbook; judge as prosecutor.

    “The instruments by which governments must act are either the authority of the laws or force. If the first be destroyed, the last must be substituted; and where this becomes the ordinary instrument of government there is an end to liberty!”
    -Alexander Hamilton

    Liked by 10 people

  6. Ms. Powell should tell Sullivan, in her brief, to “go dick a donut while it’s flying.” That was one of my favorites as a ten year-old, and quite appropriate for this evil judge.

    Liked by 2 people

  7. amwick says:

    Court: the effectiveness of this court’s order issued June 24, 2020, will be stayed pending disposition of the petition for rehearing en blanc.

    Translation: we had our fingers crossed behind our backs..

    Liked by 4 people

  8. Tango268 says:

    As I posted on the Gateway Pundit, Flynn’s lawyers should stop responding to the court. These proceedings are like fighters punching after the bell. Turn and walk away and Sullivan will have no legitimate means to keep fighting.

    Liked by 1 person

    • Beigun says:

      Walk away is right. Once Sullivan then charges contempt of court on Flynn, then POTUS can end with a Pardon, and with Sullivan on the record as a fall guy during a failed coup.

      Like

      • andrewalinxs says:

        You both are missing that this is part of the Processes doing a Mandamus and this fillings is not punching after the bell.

        It is both fighters agreeing to punch the Referee.

        You cant just walk away. That is forfeiting the issue which means Sulivan gets to do what all he wants.

        Not Fighting is Surrendering in this case.

        Liked by 8 people

        • crikey9 says:

          Uh No…you have a non party to the case trying to substitute himself as a party with some relevancy. sullivan had no right to continue his pursuit of Flynn from his position as Judge

          Liked by 1 person

          • andrewalinxs says:

            The Judge in a Mandamus filing is a party to the specific filing. As it is the parties of the case asking a higher court to sanction the Judge.

            Due to the Judge having to defend his/her actions results in them becoming a party for the purpose of that specific filing.

            Liked by 1 person

            • That was always true before Mandamus was butchered by the rules committee in 1996.
              That rule does not even contemplate the very rare occurrence that the prosecutor and the defendant are aligned against the judge. The comments to that rule indicate that only the common alignment where the prosecutor and the judge are aligned was contemplated. In that situation the prosecutor is always available as an adverse party. That way the judge is not required to be an adversarial party.

              But I doubt the drafters intended to completely eliminate the adverse party requirement such as in Flynn’s case where the judge is alone. Flynn’s rare writ is a another all writ covered by Rule 21(c) rather than Rule 21(a). Even though Rule 21(a)(literally applies to all mandamous actions common or rare. Rule 21(c) only requires compliance with the rule where practicable

              Liked by 2 people

  9. MACAULAY says:

    I continue to believe that Sullivan knew (was told through Lawfare/Obama Cartel channels) that he had the votes for an en banc hearing before this Motion was ever filed.

    Liked by 3 people

    • Jederman says:

      Then what?

      Like

      • MACAULAY says:

        Certainly don’t know for sure. Wish people with more knowledge than me would weigh in.

        Some think it is a long delay, so Flynn can’t spent time talking about the governmental abuse he endured—which was extensive—psychological torture, coercion, duress etc.

        Others think they (THEY–meaning Sullivan’s bosses—he is only doing what he is told) want a Sullivan to be allowed to sentence Flynn—give him enough time to where Trump has to pardon him—before the election.

        Others that the Lawfare/Obama Cartel will just fight every battle to the hilt—which Republicans won’t do) because they see it as a war. Loo what they have said about Barr for merely recommending a reasonable sentence for Stone and acknowledging the Flynn prosecution was bogus. They want him IMPEACHED!

        Looks like it works—looks like they have Durham cowed.

        Wish we had some fighters—more than just Don Trump (who looks to be wearing down under it all), Jim Jordan, Devin Nunes, Sundance.

        BUT, why should anyone be optimistic about what a DC Court of 11 judges—4 appointed by Obama, and 3 by Clinton. I say Lawfare/Sullivan will get what they want–whatever that is.

        Like

    • andrewalinxs says:

      If you theory was true he would not have to ask. The Appeals don’t need the parties to ask to hear an En banc they can do it on their own initiative.

      In fact I read leftist lawyers saying we would have an En banc with in a week of the Decision because the full Appeal Court would spring forth to take the issue on their own initiative. Yet they didn’t Sulivan had to ask them.

      Liked by 3 people

    • This is the correct point, Sullivan went EnBanc because he already knows that there are other Appeal Judges in his pocket. Oberlin Benjy Wittes has already locked them up…He said two weeks ago that this was going EnBanc…they are desperately protecting whoever from the Obama administration will be chosen to be VP…at a minimum it’s a long stall, at best it’s a win. But you are correct, the fix is in again…

      Liked by 1 person

    • littleanniesfannie says:

      I continue to believe that Sullivan knew (was told through Lawfare/Obama Cartel channels) that he had the votes for an en banc hearing before this Motion was ever filed.
      So Obama has the goods on them too? Is there not one judge with the cojones to call Obama out for the illegal databases he, Honorless Holder and Lying Lynch compiled with the help of Jerk-off John (Brennan), Commie Comey and Clueless Clapper?
      Obviously not!!

      Liked by 1 person

      • coolmamie says:

        If these offenses were not reported in the New York times, they do not exist.

        Liked by 2 people

      • MACAULAY says:

        Obama does not have to have “the goods” on Obama appointed judges. They are his Bros. And so are the Clinton Judges to a lesser extent. Think Deep State. Judges belong to it too.

        Like

  10. Mike says:

    Sounds like they are giving Sullivan a perfunctory hearing per his request and then order dismissal of the case. There will be no en banc review. Probably two weeks before this is all over.

    Liked by 4 people

  11. FreyFelipe says:

    Sydney Powell should respond by saying, “Judge Sullivan is clearly insane and should be immediately transferred to a high security insane asylum”.

    Liked by 7 people

  12. mg says:

    The Law of The Farm is needed in the halls of nojustice.

    Liked by 1 person

  13. Appeals court wants to end this, probably with out granting en banc. They heard enough from Sullivan, DOJ response optional and a short brief from Flynn side purely as a formality should end it.

    About damn time!!!

    Liked by 4 people

    • MACAULAY says:

      I was an Optimist on Barr-Durham and am giving that up, and admit I was a fool to believe in them. Actually it sounds like Durham who is overwhelmed by the political onslaught he is looking at, but Barr van’t force him and won’t try.

      I will never ever be an Optimist regarding an 11 member DISTRICT of COLUMBIA court with 4 Obama appointees and 3 Clinton appointees.

      Like

      • Beau Geste says:

        Durham can’t even manage to prosecute a known liar under oath toInspector General Horowitz’s investigation, or an attorney who CHANGED EVIDENCE (clinesmith) to support a fake spy warrant on a President. Or those who signed the FISA Warrant applications under oath, and withheld information in violation of court rules. Or known senate ‘leakers’ of top secret information.

        Even after 19 months with solid evidence. Mueller’s cabal had prosecutions going in just a few months, without good evidence.

        What a maroon. But Durham has a great PR mustache photo, as pointed out above.

        Like

        • MACAULAY says:

          They are going to nail Clinesmith, but I am beginning to believe he will be the only one.

          Which amounts to a whitewash. And I was a believer in Barr-Durham. Until I heard this “punting until after the election”.

          May as well have stuck with the Sessions-Huber Fraud. It’s really no better.

          Our duly elected President never really had a chance.

          They got away with a Coup, a Coup that continued after Trump was elected and installed as president. No punishment except a low level clown like Clinesmith?

          Fixing the election this November will be a cake walk.

          It’s time to submit or stock up on ammo.

          Like

    • WSB says:

      Sullivan is starting to cross the line and expose them…let’s see how they handle this one.

      How many are compromised?

      Liked by 3 people

    • andrewalinxs says:

      I think it is safe the Government will respond. Sulivan accused them of not objecting to him and that they where the ones who should of Filed a Mandamus if they have an issue. Which if you paid attention to the DoJ response they listed a lot of complaints they had and agreed fully with Powell’s filing I suspect they will point out how he completely lied in his filing to the court about that.

      Liked by 2 people

  14. alliwantissometruth says:

    So a mandamus can be ignored by a lower court as long as that lower court is working in the interests of the Deep State

    Pretty nice set up they’ve got going for themselves

    Liked by 1 person

  15. berniekopell says:

    It only takes one judge (ahem – Wilkins) to request that a response be filed. So this should not be viewed as a setback. That they issued an order less than one day after the petition was filed shows that the full court is aware of the urgency and are going to rule on the petition quickly. Judge Wilkins is already writing his dissent to the denial of the petition.

    Liked by 2 people

  16. mazziflol says:

    Why even follow this court order…since the last wasnt followed?

    Liked by 1 person

  17. Bogeyfree says:

    What is absolutely amazing to me is all of these judges in the appellate court are suppose to represent the rule of law and yet with overwhelming evidence that these people………….

    FRAMED AND WITHHELD EXCULPATORY EVIDENCE FOR YEARS,

    these judges just allow this farce and fraud to continue like NONE of that matters.

    It truly is astonishing that they allow Gen. Flynn and his family to suffer.

    If the Appellate Court had any dignity they would actually demand the DOJ indict IMMEDIATELY the perpetrators who framed and withheld exculpatory evidence for the sole purpose to shut Flynn up and destroy his life.

    Liked by 5 people

    • Beigun says:

      When it comes to cruel and unusual punishment for the “crime,” then General Flynn is the Titus Oates (Popist Plot of England in 1680s) of our time. Talk about hysteria and the rule of the mob! Both the Oates Affair against the House of Stuart in England and illegal espionage on General Flynn in America are episodes that reveal the political shenanigans of fake news and corruption near the respective seats of power.

      Liked by 3 people

    • Jederman says:

      I completely agree “It truly is astonishing that they allow Gen. Flynn and his family to suffer.”

      However, given the fact that they hate us and they may have been reminded of something in their lives they prefer to keep private (I don’t like to think that way but have yet to see a reasonable explanation for this kind of behavior, Lawfare or not) they could give a rat’s about LTG Flynn.

      Of course, there is the possibility that he’s lost his marbles. High profile case, DC Court, all sorts of visibility, inexplicable behavior, he could be nuts.

      Liked by 2 people

    • Craig Branham says:

      What amazes me is the fact several of these rogue judges hasn’t been infected with a severe case of lead poisoning yet. This may be the final straw. If they refuse to follow the law, their right to life, liberty and the pursuit of happiness needs to be revoked.

      Liked by 1 person

    • Toolnut says:

      “If the Appellate Court had any dignity they would actually demand the DOJ indict IMMEDIATELY the perpetrators who framed and withheld exculpatory evidence for the sole purpose to shut Flynn up and destroy his life.”

      Good point and an even better one is “Why didn’t the DOJ indict IMMEDIATELY?”
      I think this is why I really don’t trust Barr to enforce the law equally.

      Liked by 1 person

      • Beau Geste says:

        All the Flynn persecutors should be indicted, as a response to the Appellate court ‘invitation’ to respond:

        Under 18 USC 241 it is a crime if “If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.

        Under 18 USC 242 , “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States” commits a crime.

        The prosecution of Flynn, and threatening his family, while withholding exculpatory evidence, clearly denied Flynn his constitutional rights. There is no ‘qualified’ immunity for these statutes, which are intended to apply to prosecutors and judges.

        Liked by 1 person

        • Rhi says:

          “There is no ‘qualified’ immunity for these statutes, which are intended to apply to prosecutors and judges.”
          And there is our problem Beau, if there is no one to enforce existing law, do we really have any laws?
          Calvinball comes to mind.

          Liked by 1 person

  18. Matt Hay says:

    My understanding was that this was a bit of a forgone conclusion, as a single judge can request an en banc review. Because Wilken dissented it was assumed that he most likely would request. It doesn’t mean there will be a review, just that there will be a vote. The Court could have done so sua sponte, but Sullivan had to file to trigger, so likely there isn’t the appetite.

    Liked by 3 people

  19. Coast says:

    “In the interim the writ of mandamus (Rao order) is stayed…”
    Does that really make a difference?

    Liked by 1 person

  20. Bogeyfree says:

    I wonder what one big pile of shxx in the middle of the Appellate Court looks and smells like as IMO that is what Sullivan just did by ignoring their original order.

    When you give in to that whiny brat of a kid who is screaming in the check out line because they don’t get their way and the parent does nothing, this is what you get………

    Liked by 2 people

  21. zephyrbreeze says:

    I’m nonplussed.
    In for a penny, in for a pound.
    It’s war, and they want their political pound of flesh.

    Damaging the system?
    They don’t care.
    Respect for the separation of powers?
    They don’t care.
    Compassion for the persecution of an innocent man?

    Oh, here we have something.
    Flynn isn’t innocent because 1) he’s white and has original sin
    And 2) He supports Trump so he’ll never EVER be innocent.
    They believe him to be a political war criminal.

    OBAMA DOT ORG formerly
    Calling the shots and reveling in the pain struggle and humiliation of Flynn and his family.

    “Meet Anguish – With Action”
    https://www.obama.org

    Liked by 2 people

  22. starspangledred says:

    This filing should have been expected by us all after Sullivan issued the Stay order following the appeals court’s order on the writ of mandamus. Sullivan is no different from any of the libs, who have had their way so long that not only do they want to bash us deplorables for not agreeing with them, they want to tie our hands and beat us mercilessly to show their dominance. Our only hope (in this world today) is PDJT.

    Liked by 1 person

  23. DAVID CRAIN says:

    Bravo Bogeyfree!

    Liked by 1 person

  24. SanJac says:

    This is truly where wiretapping and FISA warrants should be issued to catch the true seditious treasonous traitors including the corruption in the judicial system.

    Liked by 4 people

  25. Summer says:

    Nothing surprises me any more. We live in a banana republic. Act accordingly and buy ammo while you can.

    Liked by 1 person

    • gunrunner03 says:

      Somos todos Venazolanos. !Que lastima! It’s crazy out there. Went locally to buy some ammo and as I walked up to the salesperson he told me, “I hope you are not here for 9mm.” No double-ought 12 or 20 ga, either.

      Like

      • RobInPA says:

        Not sure what exactly u r looking for gr03, but get your behind over to Lucky Gunner RIGHT NOW! as they have in stock Fed HST 124 gr +P in 9MM and Speer GD 124 gr +P in 9MM!!

        Also Fed HST 230 gr +P in good ‘ole .45 Alpha Charlie Papa!

        You’re welcome!!

        Liked by 1 person

      • California Joe says:

        Walmart in Foothills Ranch, CA was wiped out of everything. Not even .22 ammo!

        Like

  26. truthbomb says:

    Dems are majority on DC Circuit. Sullivan helps pick the Dems on the DC Circuit. Any Dem judge who has SCOTUS aspirations (they all do) will vote for an en banc hearing or they will be dead ending their careers. #SWAMPJUSTICE

    Liked by 1 person

  27. Crawler says:

    I read that Sullivan is known amongst the D.C. legal profession as a low IQ judge who should have never been considered for his current position, much less appointed.

    I tend to believe it, too.

    Liked by 3 people

  28. susanphd says:

    Does a Judge Sullivan even have “standing” to request such a ruling? He is not a “party” in the case!! I’m not a lawyer, but why is a judge allowed to make appeals to a higher court – in the service of justice? Something seems off!!!

    Liked by 2 people

    • Mortimer says:

      He does not have standing and that is precisely what the Circuit is expecting to read from Sidney.

      Liked by 3 people

      • The court has already essentially rejected the standing argument in the manner the court is reading rule 21 and applying it in the case so far – not literally. This includes Judge Henderson who is looking out for us. If Sidney raises the standing issue for the first time.
        Wilkenson will request and get a response to that issue – and another delay.

        I hope Sidney focuses her anger with Sullivan on bringing in a Rule 11 Motion requesting attorney’s fees and costs from Sullivan for bringing this baseless and frivolous petition along with her response to the petition. Most of the angry points could be woven into this position.

        Liked by 1 person

  29. Parker Longbaugh says:

    Sullivan is a clown, a farce, a corrupt liar, who has forever tainted the court. I thought the FBI was a mess. D.C. is a million light years away from a simple man’s belief that Federal Institutions had as their bedrock a smidgen of honesty.

    Liked by 2 people

  30. Armageddon T. Thunderbird says:

    Could this possibly be tied to Durham not releasing his report until after the Flynn case is over and settled? Or are they (MSM and democrats) afraid that Flynn will release his already written book when the case is done? Or both?

    Liked by 2 people

    • mark says:

      This is what I have been thinking for some time. That Durham was holding off until the Flynn case was done. The amount of effort being put forward to keep Flynn tied up legally is mind boggling. Delaying Durham would be worth it to the corrupt.

      Liked by 1 person

      • Dutchman says:

        In a word, No.
        There is absolutely NO legal or procedural reason for Durham to delay issueing his Declination report, until after the Flynn case,is resolved.

        The report probably WILL be released, in October when it can have the greatest effect of demoralising PDJT voters, as they realise once again they have been head-faked.

        DO NOT fall for it. DO NOT allow them to manipulate your emotions, and therefor actions.

        VOTE for PDJT in November NO MATTER WHAT.

        Liked by 1 person

  31. Merkin Muffley says:

    What would happen if the DC Appellate said “Enough of this nonsense!” and declined to even hear Sullivan’s appeal?

    Liked by 1 person

    • Wethal says:

      They may want to have a complete pleadings record in this case in the event that Sullivan continues with his crusade against Flynn and files for cert once they deny him.

      To allow the DOJ and Sidney to reply makes it look as if they fully considered all sides to the matter, and gives SCOTUS a more complete record for the cert review (which they’re not going to grant).

      Liked by 3 people

    • Mortimer says:

      That is what I expect to happen …. without the “enough of this nonsense” part.

      Such a decision would be accompanied by an order to resume the clock on the Rao order OR a new order that the Flynn case is hereby dismissed immediately.

      Liked by 2 people

  32. I’ll wait to see how Sydney responds to this. She’s the only lawyer I trust at this point.

    Liked by 4 people

  33. Bill says:

    I can’t, for the life of me, determine what NEW truth Sidney Powell is suppose to produce to achieve speedy justice and exoneration of General Flynn…….

    Liked by 2 people

  34. TradeBait says:

    Sidney and DOJ have this. Not even thinking twice about it. Her and DOJ’s responses will finish it.

    Liked by 1 person

  35. Pegon Zellschmidt says:

    9 Repub Nominees – – 8 Democrat
    We know the 8 Democrat will vote to prosecute Flynn, maybe execute him right there. The 9 Repubs, we can probably bank on 4 or 5 siding with the wine and cheese soiree crowd in DC. Easy call. Sullivan and Lawfare win. Yes, Virginia (aka John Roberts), there are Obama judges and Trump judges.
    Sri Srinavasan Appointed by Barack Obama
    KAREN LECRAFT HENDERSON Appointed by George H. W. Bush
    JUDITH W. ROGERS Appointed by Bill Clinton
    David S. Tatel Appointed by Bill Clinton
    Merrick Garland Appointed by Bill Clinton
    Thomas B. Griffith Appointed by George W. Bush
    Patricia A. Millett Appointed by Barack Obama
    Cornelia T.L. Pillard Appointed by Barack Obama
    Robert L. Wilkins Appointed by Barack Obama
    Gregory G. Katsas Appointed by Donald Trump
    Neomi Rao Appointed by Donald Trump
    Harry T. Edwards Appointed by Jimmy Carter
    Laurence H. Silberman Nominated by Ronald Reagan
    Stephen F. Williams Appointed by Ronald Reagan
    Douglas H. Ginsburg Appointed by Ronald Reagan
    David B. Sentelle Appointed by Ronald Reagan
    A. Raymond Randolph Appointed by George H. W. Bush

    Like

    • Wethal says:

      Only the active judges rule on and sit en banc. Senior judges do not. IIRC, there are eleven active judges on this circuit.

      Justin Walker was just confirmed by the Senate, too, and probably has been sworn in.

      Liked by 3 people

      • MACAULAY says:

        Walker doesn’t start until September. 11 Judges decide, not those on Senior Status—of the 11—4 Obama, 3 Clinton. You decide for yourself how it’s going to turn out.

        I have.

        Liked by 2 people

    • An says:

      Yeah, but there’s some clown world logic about what is considered a “majority” that’s a crazy rabbit hole. Though that might be good for Flynn.

      That said, the mere fact that they’re entertaining this instead of ignoring it goes against Flynn, sadly. There’s no reason for them to create work for themselves. I expect the majority has TDS and will say that the time is not ripe.

      Our best hope is SCOTUS, but I kinda expect them to ignore it and the timing doesn’t work out… they don’t reconvene until September or so.

      Liked by 1 person

      • Wethal says:

        It might be a denial of due process not to give Sidney and the DOJ the opportunity to respond. Also makes the appeals court look more thorough when/if they do deny it.

        Like

      • Best hope is SCOTUS? I wish it were so. Four hard core lefties, one “almost there” (Roberts) and two right behind him (squishy at best). For these seven, it works like this:
        figure out the result we want, then work backwards in order to achieve it.

        Thomas and Alito are the only two who are true to the Constitution, and their oaths.

        Liked by 2 people

  36. doofusdawg says:

    This was all about making Trump pardon Stone before Flynn gets dropped. It’s all political. The dc circuit did their part.

    Liked by 2 people

  37. mtk says:

    I wonder how much of Judge Sullivan’s responce and actions are being governed by, “An out right dismissal of the case against Mr. Flynn, is to bury the wrongs.”
    Stop and think about it, if Judge Sullivan fully complied with the DoJ and court orders to dismiss, the underlying wrongs against the FISA Court, the out right lying, the fabrication of evidence and the conflicted legal representation of Mr Flynn prior consul.. would all disappear in a dismissal.
    By Judge Sullivan falling the on the sword, he is setting up a reckoning that plays to the heart of the weaponization of the IC to frame PDJT.

    Just food for thought, as the political swamp piles onward.
    Don’t forget for one moment much of the advantages the swamp has and employs… is the ability to shape National Narratives through the ability get foes to jump on a bandwagon that several mouths down the road are faced with either backtracking, or admitting a political misjudgement that color the outcome through narratives to encompass succeeding the high ground to the swampians. Call it wiggle room.

    Liked by 1 person

    • YeahYouRight says:

      I wondered how these Jensen documents produced under seal continue to be released.

      Seems counter to our thinking that Sullivan continues to release publicly…

      Like

  38. Mr Lawson says:

    I had found this letter a while back.
    Somebody does not like the judge…hahaha

    ~ Mr. (Judge Thinking face) 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 a 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 judges house.

    What better place to hide a bunch of “stolen” art work. 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 your 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 clean up 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 Winking face) and once was dispatched to your sons address 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 called the police and 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 has gone 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. Thumbs up. 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 are unfit for the bench.~

    Liked by 1 person

  39. Lucky Guy says:

    As Jenna Ellis tweeted, Judge Sullivan is NOT a PARTY in the mandamus proceeding. Only the U.S. and Flynn are parties. Sullivan is what the law calls a “respondent”. Per Rule 35, D.C. Circuit Court Rules, ONLY a PARTY may file a request for en banc review. So what the hell are they doing?

    Liked by 2 people

  40. George S says:

    It appears the judge is intending to appeal all the way to SCOTUS. Considering they go into recess soon, the delaying tactics until the election may just work. It’s obvious the resistance is banking on Biden winning the election. Question is: can a new AG withdraw the dismissal or else why would Sullivan be bothering?

    Liked by 1 person

    • GovLaw says:

      I think the Court of Apoeals could very well intervene. Dismiss the DC court case FOR Sullivan or transfer it. I doubt they would let it go to SCOTUS. That would be pretty embarrassing for the DC Court of Appeals (ie, showing incompetence after requiring a lower court judge to dismiss a case).

      Liked by 1 person

    • berniekopell says:

      A new AG cannot withdraw a motion for dismissal with prejudice that has been granted if time to appeal that decision has expired.

      Liked by 1 person

  41. GovLaw says:

    I don’t understand how the exculpatory documents get released, given Sullivan’s craziness over Flynn. Does anyone know how these documents get released? Is it via DNI Ratcliffe, or what? “Earlier this week, DOJ released a letter sent to Sidney Powell which accompanied additional pages of investigative materials related to the investigation of Flynn. Those materials were initially subject to a Protective Order, in place so they could not be released publicly without permission from the Court. Earlier today, those materials, with some limited redactions, were released.”

    “Permission from the Court.” Is that Sullivan? How does this help him? And since he’s all about delaying, why not delay this too?

    Like

    • Doppler says:

      That’s a great question, Govlaw. I suspect she will make the most of it in her savage response. Sometimes I think the Sullivan Show is a bit like many of PDJT’s trollings, something crazy wild that draws public attention to his enemy’s weaknesses, in a way that wouldn’t have happened otherwise. Every time Sullivan acts, he highlights underscores and rings a bell to call attention to the DS bias. And the most recent disclosures get another repetition of corruption out into the conversation.

      Sometimes I think that Lawfare et al are under surveillance, and someone’s building the case against various judges and foreign check-writers requested to send the required bribes to judges to seal the deal.

      Most of the time, however, I think the DS is running out the clock on accountability, while continuously amping up the Big Lie Narrative and planning vote-stealing efforts and Big Tech vote-flipping efforts, while PDJT’s allies order up new training.

      Liked by 1 person

  42. Wethal says:

    Stone sentence commuted.

    Liked by 2 people

  43. starspangledred says:

    By nature I’m an optimist. That makes me want to say that the en banc petition will be denied. The realist in me that has seen injustice prevail more than not since 2008 makes me think that it will be granted. So, I’m conflicted. What I am certain about is that if the extension of the Flynn adjudication has a delaying effect on the Durham report’s public manifestation, the petition will be granted. The filing on its face falls flat but if there is political leverage applied, the saga will continue.

    Liked by 1 person

    • YeahYouRight says:

      Can Flynn not go straight to SCOTUS if en banc is accepted? This is justice delayed if ever there was sucha thing.

      This is first year law stuff. There are three separate but coequal branches of government. The Judiciary hears and moderates conflicts between parties to see justice served. One of said parties would be the Executive…

      So humiliating. This is “inside the family” stuff. The DC Circuit will be humiliated in front of their peers, any hopes for higher courts dashed.

      Why would they (or enough of them) want to do that?

      Like

  44. Joyce M says:

    Can someone please help me understand the meaning of this better? When they do an en blanc, does that mean the entire case that was presented to Judge Sullivan is re-presented before all the judges? In this case I think it’s 11 of them. If that’s true, then will this be drawn out over many more months and years? Isn’t that the same as re-trying General Flynn? What a huge expense, if so! Is it the amount of time they are trying to stretch out, or the expense to him?

    It seems they are willing to do nearly anything to keep General Flynn from becoming a free man again. That can only mean they are 1) scared of him and of what he can say or do, 2) terrified that General Flynn becoming free will expose other crimes they’ve committed – there are probably other more subtle reasons for why they are frightened of this case being dismissed.

    How much of the information against him can be declassified and exposed to the public when this is done?

    Thank you for any enlightenment you can shed.

    Like

    • Wethal says:

      The eleven active judges (not senior judges) will review the majority opinion written by Judge Rao to see if she made any errors of law.

      If she did (unlikely, since Rao did such a thorough job), they could re-consider Sidney’s mandamus petition or just give the case back to Sullivan.

      To reverse the panel, the active judges would be publicly saying, two of our colleagues got the law wrong. And Rao and Henderson both get to vote on the en banc petition.

      Like

      • butch cassidy says:

        Wethal, didn’t Powell ask the court that Sullivan be removed from the case and they denied that request? Could the court go back and relieve Sullivan from this case, give it to another judge and that more than likely end this. I guess my point is that the D C court could have taken Sullivan off this case and didn’t. Maybe they don’t want to make the final call.

        Like

        • butch cassidy says:

          Wethal, never mind , I should have read 1 more comment. I’ve been reading comments on both articles and had not seen anyone ask the question i posed until Johnny. Sorry.

          Like

  45. Johnny says:

    I see a another delay move coming from the appeals court.

    This time they will remove Sullivan as the judge over the Flynn case, and of course the new judge they pitch the case to will request several months to review all the material of case just to make sure nothing got missed.

    The three original appeals judges never ruled on the request of removing Sullivan. This was a set up from the word go.

    If I could get one wish from the Good Lord, it would be that people grow a spine and not pay one more cent in taxes and no one show up for any court appearance.

    That is one way to peacefully stop the train wreck that is coming in the America the Beautiful I was blessed with in growing up from a child.

    But alas I am certain that this will come to a violent pandemic of lead poisoning that will surpass the first Civil War by 10 fold.

    Civil War is not, and Friendly fire isn’t

    Like

    • Wethal says:

      “This time they will remove Sullivan as the judge over the Flynn case, and of course the new judge they pitch the case to will request several months to review all the material of case just to make sure nothing got missed.”

      If they assign it to another judge, it would likely be with the same order they gave Sullivan:

      Grant the motion to withdraw the guilty plea, and grant the motion to dismiss.

      The appeals court would be telling any new judge that nothing was missed.

      Like

      • Johnny says:

        I like your theory, but a theory only.

        This case has not followed any constitutional law from the moment Insane Obama and Drooling Joe approved it.

        Respectfully

        Liked by 1 person

  46. RKV says:

    This is going to be drawn out after the election. Deal with it. It’s wrong that it’s so. But that is what is going to happen. Sullivan already has the votes given the makeup of the court of appeals (and if you’re counting on Bush appointees, don’t). They dont give a s–t about logic or the law. This is about punishment. This is about silencing opposition with legal tools. The court of appeals will not remove Sullivan. Not going to happen. The point is to give political credence to a story line is all.

    Liked by 1 person

  47. Mike says:

    Sydney will reply with a renewed request for a new judge. SCOTUS will be the next stop in this as it’s been explained many times, this is not about legal and all about political. They MUST keep going until they have exhausted every left and right turn possible.

    Also, I think something with this case is tied to Durham’s investigation moving forward. It’s something way bigger than intelligence or funding misappropriation, Iran deal, or anything else. Something very big scares the hell out of the Lawfare group where Flynn is concerned.

    Like

    • YeahYouRight says:

      Flynn may have testified to Durham’s Grand Jury, and cannot be a credible witness if he’s convicted or reputed to have lied to FIBs. That’s my guess.

      Durham is not declining anything, he’s in a holding pattern for a reason. Barr would not so regularly chum the water about the coup and seditious conspiracy without sincere intention to pull the trigger.

      Flynn was not only in the previous administration, he was inthe Trump campaign. So he knows how 0bama did business from having been there, and he knew about the weird randos approaching Trump campaign officials trying to get hired and throwing crazy traps at them.

      They had to ruin Flynn, not just get him fired. It’s not like the press cares what story Flynn tells.

      These nutjobs are willing to burn down our country to protect themselves and 0’s legacy. Ruining one Dudley Do-Right is no skin off their nose.

      Liked by 1 person

  48. Deplore Able says:

    I wouldn’t wait until July 20th to file a response. This can be done over the weekend. File it on Monday. The Lawfare group just wants to delay as long as they can.

    Like

  49. two percent neanderthal says:

    IF Trump pardons Flynn, then Flynn probably does not have a case for wrongful / malicious prosecution, and no opportunity to conduct the discovery depositions and other demands for records. The Democrat / Deep State forces controlling Sullivan will exhaust all appeals and possible delays in the hope that Trump loses, and the case is still open come January, and Trump will be forced to pardon before half -wit Joe is sworn in. More withheld Brady / exculpatory evidence has been released since the 6/24 Mandamus order. It has become more difficult to overlook the corrupt initiation of the case against Flynn. A majority of the DC Court of Appeals is unlikely to go en banc. The order inviting brief input from Flynn and the Prosecution is a positive for Flynn. Powell had probably been working on it all along. The DC C of A is moving this along and will probably deny reconsideration en banc. Sullivan (lawfare Obama) will then seek review by SCOTUS.

    Like

  50. lokiscout says:

    Feels like they are running out of options!

    Like

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