After listening to oral arguments in the DC Circuit Court for the Flynn petition for a Writ of Mandamus (appeals court intervention); it seems very likely the panel of three judges will deny the Flynn defense and DOJ request, here’s why….
For the past decade CTH has been accurate in predicting these judicial events based on one overarching principle. The issues at hand are political arguments being made in the sphere of legal proceedings. As a consequence, all judicial proceeding continue -regardless of legal merit- until such time as they run into the final barrier of legal standing.
This same principle played out in the George Zimmerman case (Trayvon Martin). This same principle played out in the Baltimore Six case (Freddie Gray). A modified version of this principle played out in the Darren Wilson case (Michael Brown).
In the assembly of each prosecution there was no legal basis for the underlying case to proceed into the judicial branch, and yet those proceedings continued. They continued because the case travel is based on politics, not law. This is the essence of Lawfare.
As soon as the political runway of the case runs-out; then, and only then, does the case itself run into the law, and the case collapses. The Michael Flynn case is still on the political runway; and the DC Circuit will not intervene as long as the runway still exists.
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