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. Bogeyfree says:

    I keep going back to Barr’s words and what a total joke they are today as we see all the shenanigans and BS coming out of the FIB, DOJ and Judges regarding the Flynn case.

    The reality is IMO Barr and Durham could and should have indicted those who framed and withheld exculpatory evidence against Gen Flynn THE SECOND it was found and became known.

    Ask yourself, would Flynn be in this position today if the entire team that attacked him, framed him and withheld exculpatory evidence been indicted months ago?

    These words are totally meaningless IMO based on what the DOJ allowed from their own people and people in the FIB to do to General Flynn.

    “Well, as I said in my confirmation hearing, one of the reasons I came back is because I was concerned that people were feeling there were two standards of justice in this country. And that the political and that the justice, or the law enforcement process was being used to play political games. And I wanted to make sure that we restore confidence in the system. There’s only one standard of justice.

    IT DOESN’T MATTER WHAT POLITICAL PARTY YOUR’RE IN OR YOU KNOW, WHETHER YOUR’RE RICH OR POOR. WE WILL FOLLOW THE SAME STANDARD FOR EVERYBODY.” (Caps Mine)

    I call BS on Barr and Durham!

    Liked by 17 people

    • California Joe says:

      Barr and Durham had to indict and arrest the low-hanging fruit like Clinesmith, Stzrok and Page in order to shake up the others. It’s standard operating procedure for the Feds. Once the low-hanging fruit is arrested all the others panic because they know it’s coming for them next. Barr and Durham didn’t do that so Comey, McCabe and others have no fear hence the deep state feels invincible. Can you blame them…were 0 for about 680!

      Liked by 9 people

      • lieutenantm says:

        AND WHEN THE APPEALS COURT SAYS “NO” if they do……..or hears the thing and decides to
        unSTAY the Mandamus……will this corrupt, low life excuse for a judge then appeal to THE SUPREMES ?

        Why will he not? And what will happen then? other than more precious delay…

        Liked by 3 people

      • SanJac says:

        If nothing was going to happen to ALL or some of these people do you think the President would continue to sit back and not be voicing his displeasure of bagpipes ?

        Liked by 1 person

    • TPW says:

      Something just hit me to confirm my opinion….that Barr will drag this out till after the election. Just think about what Barr said about the Stone sentence that it was a fair one and for the President to tread lightly…..How could he possibly think Stone was treated fairly by the same bunch of criminals after the way Flynn was treated. Stone should be acquitted just by applying …reasonable doubt…..because of who the prosecutors are. The fact Barr wouldn’t budge on letting Stone off is troubling for PT……either he is a fixer….or truly is ignorant to all the evidence Sundance has found….Or he and PT are making the coruptocrats let their guard down. Or could it be….The not really doing your job thoroughly and the fact that most government people don’t get their jobs cause they are highly qualified…may apply to Barr and Durham. Everyone has just assumed that Barr is this brilliant Lawyer.

      Liked by 4 people

      • map says:

        Or, Barr is just sandbagging the Democrats and not telegraphing what he wants to do. Remember, at this point, Barr is quite uncertain as to his role in the uniparty. He can never know if the Democrats are only pretending to go after him or if they ever plan to make it real just for the sake of their constituency.

        Remember, the Democrat side does not believe in any of this uniparty business. That is strictly to gaslight the Right.

        Liked by 1 person

        • Ray Runge says:

          Please employ perp walks for coup criminals as a large component when assessing the activity of Barr / Durham.

          Liked by 1 person

        • Jeffrey Coley says:

          Enough of the “trusty planner” nonsense. Nobody is sandbagging, nobody is deceiving the Democrats, the UniParty, or the Deep State. Things are exactly as they appear. Barr and Durham are doing exactly as Sen. Graham has done: Slow walk everything waiting for Biden to take office in Jan. 2021.

          Liked by 1 person

      • lieutenantm says:

        Yes. Barr COULD be dumb as a stone…….um….box of rocks

        Liked by 1 person

  2. 335blues says:

    Sullivan’s clown antics make a mockery of our judicial system.
    Sullivan should be disbarred for his behavior, and poor decisions
    not supported by law.

    Liked by 10 people

  3. Wethal says:

    The DOJ and Sidney’s replies must each be no longer than 3900 words. That’s about 15 pages double-spaced. That is very short. The court wants replies, but apparently doesn’t want to spend too much time on Sullivan’s petition.

    Liked by 4 people

  4. MicD says:

    I’ve got a response for them…
    We want your Robes.

    Liked by 2 people

  5. gsonFIT says:

    It is wrong for us observing citizens to feel like a Biden victory would mean an end to Barr’s investigation. I do not mean we should be more supportive. I mean that as tax paying citizens we have a right to expect justice even if there is a change of parties and administrations.

    The very fact that this is a Sullivan strategy (delay and change of Executive Office) and we can identify this is evidence of a 2 tier system of Justice. Also illustrative of a government grown too large.

    Liked by 2 people

  6. hokkoda says:

    Proposed response:

    “Everything we wrote in our mandamus request, plus the fact that dragging this out deep into July – fully 2 months after DOJ dropped the case – is precisely the kind of torture of innocent defendants that the DC Circuit laws are designed to prevent. “Lawfare” is real. Mr. Flynn is being victimized by it. Judge Sullivan is not a party to this case.”

    Liked by 3 people

  7. GTOGUY says:

    Why would the appeals court want to hear arguments on weather they should hear the case? This makes no sense. They should have just heard the case or said NO.

    Liked by 2 people

    • Mortimer says:

      SOP. Anytime a new motion or request is made they automatically invite the other side to respond.

      Liked by 3 people

    • berniekopell says:

      All that has been ordered is a reply to the petition. The process calls for this if there is one judge among eleven that wants a response. After the response is filed the 11 judges vote yes or no to grant the petition to rehear. If the petition is granted there will likely be oral argument on the decision. If there is not a majority to grant the petition (six required), the petition to rehear is denied. Judges can at that time write an opinion on why they did or did not choose to grant the petition. A petition for rehearing is rarely granted. And here the panel decision (granting mandamus) is in line with an existing, prior decision (Fokker).

      Liked by 4 people

  8. dallasdan says:

    My lawyer friend just told me the required response from Powell is merely a formality to support the appearance of fairness.

    Sullivan is following orders to run the clock while pressure is applied to the En Banc group. She concluded by saying it is very unwise to presume an affirmation of the three-judge ruling in Flynn’s favor.

    Nothing should surprise us.

    Liked by 2 people

    • doofusdawg says:

      With the Stone commutation they can now say see…the doj has been politicized and Flynn should therefore be reviewed. No way they turn Flynn loose. They will protect the previous administration and their actions at all costs.

      And if the election doesn’t go their way then look out… which is the real unspoken message of the current civil unrest and why no democrat is currently trying to stop it.

      Barr better do something soon.

      Liked by 2 people

      • clive hoskin says:

        Arm yourselves.Because if President Trump loses,WE ALL LOOSE.Then they will come for US.

        Liked by 1 person

        • Yvonne Daugherty says:

          You are absolutely right. The barbaric, proletarian, communist Democrats will come to our front doors and claim their “right to OUR property… or else.” They are so ignorant, useless
          and depraved that they have never served a purpose but that of misery all around them. WE MUST DEAL WITH THEM BEFORE THEY BRING AN END TO OUR DEMOCRACY.

          AT WAR FOR THE SURVIVAL OF THE REPUBLIC.

          Liked by 1 person

  9. Attorney says:

    Been buying them and will continue…

    Liked by 1 person

  10. Harvey Lipschitz says:

    Emmit was given a 2 line court order. His desperate cry baby appeal is 69 pages.

    They like Emmit and will please him or they are annoyed by the audacity of his stunt.

    The decision has been made. They already know if they want to hear his begging or will stick with the legal dismissal order.

    Emmit must know he doesn’t have a chance since he pays for 69 pages of begging

    Liked by 1 person

    • MACAULAY says:

      Disagree. I can’t believe the Lamb-like innocence after all we have seen over the last 4 years.

      The court has 11 judges. 4 are Obama Judges. 3 are Clinton Judges. It’s the Washington D.C District Court. Majority wins. Laws, precedents, Constitution—don’t matter. This is a War, on every front, except one side (ours) doesn’t seem to realize it.

      The only thing that would surprise me is if Sullivan doesn’t win—that is—get control of his case back.

      Liked by 6 people

      • J Gottfred says:

        “This is a War, on every front, except one side (ours) doesn’t seem to realize it.”

        It is so frustrating to be on the side whose leaders cannot lead. Watch out, I am getting closer and closer to adopting the unbridled tactics of the left.

        Liked by 2 people

  11. Johnny says:

    Here we are again being feed the Trust the Plan hogwash. Bar is not a shining knight on a white horse here to save us. This is exactly how it went down in the mid term elections, and this country has been headed full steam ahead for outright revolution and Civil War.

    General Flynn has had every constitutional right he has ripped from him. He has been subjected to outright communist justice.
    The man is broke financially, but Praise the Lord his spirit is intact.

    Wake up and realize, we are the only idiots in this country following any laws. The other half openly defies the law and are being protected by the crooked juducial system.

    The Coup is almost complete. If President Trump does not win the election it is Katie bar the door, because they will be coming for everyone one of us and they will be protected by the courts. This is very dire straits for the America I loved and protected.

    Liked by 3 people

  12. markmurraybooks says:

    Yep, it’s called Running Out The Clock. It’s been the setup since the beginning. Should Sydney Powell actually get through the corrupt Lawfare DOJ/FBI Deep Staters, then Sullivan would balk. They knew Powell’s option was mandamus. Just look at how the Judicial Watch/Clinton fiasco has gone. Mandamus. The 3 panel will grant the mandamus because they have no choice not to, but Sullivan will go for full, which he did. They’ll okay the full Circuit Court to help run out the time. That decision will happen in August, then use that month into September to go through the motions. After that, it’s Lawfare behind the scenes to cancel the mandamus. Then we go full on Lawfare-Sullivan to run out the clock to beyond the November elections.

    They wanted both Stone and Flynn to be found guilty so that President Trump is forced to pardon. Then they hit him with the MSM full force for being guilty of aiding friends and using his presidential power to get his Muh-Russia co-conspirators free. Right up to the November elections. They got one out of two.

    Flynn’s chances of getting freed are slim. It’ll have to go to Supreme Court, taking years. They can’t allow Flynn to go free.

    Liked by 3 people

  13. islandpalmtrees says:

    No matter how the court of appeals votes. We now, know how important Flynn is.

    What does Flynn know?

    Liked by 2 people

  14. Amber Dekstris says:

    So much wailing in this thread about Barr and Durham not doing enough. Boo hoo. A murder case takes two years to get into the courtroom, and this is much much bigger than a murder case. It is an attempted coup and the biggest scandal since Kennedy was overthrown by bullet.

    Has no-one considered the possibility that Barr has in store his own October Surprise?

    It’s not impossible. Although I’m more inclined to the possibility, which as been raised here many times, that there’s many ducks to line up and Barr merely is not there yet.

    Liked by 2 people

  15. islandpalmtrees says:

    My understanding is that the majority of the appeals court members are Democrats. If this is true, then we can see a clear advantage from the point of view of Judge Emmet Sullivan.

    Liked by 2 people

  16. islandpalmtrees says:

    What if all of this is a distraction for us. What could the Uni-party be doing?

    Liked by 1 person

  17. spren says:

    I find it amazing that Sullivan is neither a defendant nor a convicted one, and yet he is being granted two appeals. Stone was railroaded, denied a mistrial, and denied an emergency appeal to avoid being exposed to COVID in prison where they have already allowed hundreds of convicts to be released. It’s hard not to be cynical and wonder if there is any true justice system left.

    Liked by 5 people

    • dallasdan says:

      This has always been driven by politics, not the objective interpretation and fair implementation of the law.

      Liked by 2 people

    • hokkoda says:

      I don’t know what y’all are so worried about. Chief Justice Roberts assures everyone that there are no “Obama judges” and so forth. Nothing to worry about.
      /sarc

      The time is coming when patriots are going to have to arrest and deal with local D politicians.

      Like

  18. ezgoer says:

    All of this thumbing of the nose behavior is because AG Barr commands no respect. And his actions announce he deserves no respect. Barr and Durham are destroying all confidence in the justice system by allowing the coup conspiracy to skate even though 90% of the evidence is already public and everyone knows what happened. This is a total disgrace.

    Liked by 2 people

  19. jay says:

    1. Sully had one choice – dismiss the case. He was given an order. He makes a mockery of the judicial system.
    2. The En banc Rule is clear. A party can request en banc. Sully is not a
    Party to the case.
    3. Sully has no standing. He has not suffered an injury. He cannot be ‘made whole’. Arguably, He has not committed a crime. He is not the executive. This is basic law
    School stuff. He is not a party and the en banc Rule bars this action.
    4. If at the appellate level he has no standing, he won’t gain it asking for cert from the Supremes.
    5. Say what you will, some judges may be nuts enough to throw themselves into the live volcano of legal controversy and go down in flames for this cause. Others – even though liberal- will have the wherewithal to see this is a losing battle and draw the battle line. The Rao decision was well reasoned and supported. I don’t see this reaching August. However, if BHO DNC have hammer dirt on the 9 active judges Flynn is toast.

    Liked by 2 people

    • Bogeyfree says:

      Rules and Laws don’t apply to the left just ask Barr or look at the DOJ’s Scorecard.

      1) Uranium One – No Crimes, No Indictments
      2) Hammer Spying Program & 47 Hard Drives of Evidence – No Crimes, No Indictments
      3) Anwan Brothers – No Crimes, No Indictments
      4) HRC Unsecured Server & 33K Emails – No Crimes, No Indictments
      5) Wiener Laptop Contents – No Crimes, No Indictments (outside Wiener)
      6) DNC Server Hack – Alleged Crime, No Indictments
      7) Seth Rich murder – No arrests
      8) Fake Dossier and fraud on FISA Court 4 times – No Crimes, No Indictments
      9) Years of FISA Abuse – No Crimes, No Indictments
      10) Years of FIB/NSA Contractor Spying Abuse – No Crimes, No Indictments
      11) Carter Page FISA Leak – No Crime for Leaking (just one count lying)
      12) Numerous other Classified Leaks – No Crimes, No Indictments
      13) Numerous referrals to DOJ – No Crimes, No Indictments
      14) Numerous Agents violating policy – No Crimes, No Indictments
      15) Ukraine WB fraud – No Crimes, No Indictments
      16) Impeachment Fraud and made up narrative by House Leader – No Crimes, No Indictments
      17) Ukraine Money Laundering – No Crimes, No Indictments
      18) Epstein Death – No Crimes, No indictments
      19) Withholding exculpatory evidence and records in the Gen. Flynn case – No crimes, No Indictments
      20) Phil Haney Murder – No Crimes, No Indictments

      Give me Sidney as AG or WH Justice Czar as her honesty, integrity and character is impeccable!

      Liked by 3 people

      • Jay says:

        Normally I would agree. However, I have always seen this as a black letter law matter with no zero wiggle room. Rule 48 and the en banc rules are clear.

        The ‘comrade’ liberals will make things up (I.e like the dissenting judge) but I trust that the moderate liberals will not go down that rabbit hole. Their reputation is at stake, they all have legal training, and they don’t want to make fools of themselves.

        There simply is no argument based on law. Ms Beth’s arguments are smoke and mirrors. The radicals may agree with her but not the moderates and conservatives.

        Again all bets are off if they have Hammer obtained pictures or phone calls of judges doing nasty with people and pets and stuff.

        Liked by 2 people

        • MACAULAY says:

          Respectfully disagree. I don’t believe there is any such thing as a “moderate liberal”. Not any more. Not right now. You must be talking about the Clinton appointees on the Court. Their reputation is at stake?

          Who do you suppose they want to impress? Us Heartland Deplorables?

          They are interested in Ivy League Academia, the New York Media, the next Democratic President who might appoint them to the Supreme Court, and the D. C. Cocktail Circuit.

          The only way they can hurt their reputation—with people they care about—is to do something Don Trump likes. Ruling in favor of Flynn would be heresy.

          Black letter law? Totally irrelevant.

          Hope I’m wrong, but nothing for 4 years has led me to hope for anything out of a “moderate liberal” when it comes to anything that might help Don Trump.

          It has not been this bad since 1860. That’s 1860, not 1960. Not a typo.

          Liked by 1 person

  20. Murray in Nashville says:

    Surprised no one else has suggested this:

    Mrs Powell MAY NOT file a response to Judge Sullivan’s filing, INSTEAD she may file an appeal of the panel not having removed the judge in the initial ruling and thus shifting the entire case to the facts of the case and the action and in-actions of the trial judge which certainly have risen to the level justifying his removal. My bet is the charges would be dropped before the sun set.

    Liked by 1 person

  21. Retired IG says:

    Like the whey you are thinking Murray. Today the WSJ recommended that President Trump pardon General Flynn. In my opine, that is not a good idea.
    Sullivan has put himself on trial. He is disobeying ORDERS from Judges senior to him. Interesting point though in this piece is “the panel treated the judge with more respect than he is his treating the panel’s opinion.”
    Methinks the judge had his “tarmac” meeting with those in the Clinton/Obama/and Biden “foundation,” and was told if you continue to make an a*s out of yourself on “our” behalf, you will be the our first appointee to the Supreme Court.
    What a fool having a wet dream. Just like Hilary was “supposed” to win. Just like those now already “predicting” President Trump is going to lose to the sinking ship of the Unipart.
    Really? The people have not even voted yet.
    And the polls, I don’t care what source they come from are sounding more and more like Rachael Maddow propaganda.(not that I have ever watched her show. I cut off my cable in 2010.)
    I had to take Statistics I think at least 3 or 4 times between undergraduate and graduate school. Sample size REALLY DOES MATTER as well as the “population” included in the statistical sampling.
    How many people in Rural America, Flyover Country, and the Deplorable’s who shop at Walmart were included in this polling? Probably NIL as we have learned to block our phones from scammer’s.
    I am Red and live in Red country now. American and Trump flags flying everywhere. There is ANGER. Hard and cold around these parts.
    Too bad people think that VOTING is like Gambling. Only satisfied when they”win the bet” and take a vote for the imagined winner. Sooo much to lose in the election.

    Liked by 1 person

  22. Richard F Styvaert says:

    In the DOJ brief in support of Flynn s Mandamus Petition DOJ points out that a Federal Criminal case can be dropped at any stage in proceedings including when the defendant is named in an indictment or when he is convicted or after he as appealed and lost or after sentencing and serving time. If both parties (defendant and DOJ) agree and the assumption is regularity of the case. U.S. v. Sineneng-Smith (9-0 SCOTUS case) and Folker Case (DC Circuit Court of Appeals ) support this argument. Emit Sullivan is a needless fencepost in dispensing true Justice to General Flynn.

    Like

  23. A Realist says:

    Court is made up of 7 Dems, 5 Republicans–think we all might guess on how it will rules. Supreme Court will hear, and reverse–after election. Alternatively, if Trump is defeated, will be academic as he will pardon Flynn on the way out.

    Like

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