Case of ex-Trump aide Flynn to be reheard by full U.S. appeals court

[webfact]

Case of ex-Trump aide Flynn to be reheard by full U.S. appeals court

By Jan Wolfe and Sarah N. Lynch

 

FILE PHOTO: Former U.S. national security adviser Michael Flynn passes by members of the media as he departs after his sentencing was delayed at U.S. District Court in Washington, U.S., December 18, 2018. REUTERS/Joshua Roberts/File Photo

 

(Reuters) - A U.S. appeals court on Thursday agreed to rehear arguments over whether the judge assigned to the criminal case against Michael Flynn, President Donald Trump's former national security adviser, must grant a request to dismiss it.

 

The U.S. Court of Appeals for the District of Columbia Circuit said it would hold an oral argument in the politically charged criminal case on Aug. 11.

 

In a 2-1 decision on June 24, a three-judge panel of the same court ruled in favor of Flynn and the Trump administration and said U.S. District Judge Emmet Sullivan in Washington had to grant the Justice Department's motion to clear Flynn.

 

Sullivan asked the full court to reconsider the three-judge panel's ruling, saying the Justice Department's dropping of the Flynn case was unprecedented and had to be carefully scrutinized.

 

Flynn, a retired Army lieutenant general, was one of several former Trump aides charged under former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference in the 2016 U.S. presidential election.

 

A U.S. appeals court on Thursday agreed to rehear arguments that could potentially lead to the reopening of the case against Michael Flynn, President Donald Trump's former national security adviser. Gavino Garay has more.

 

Flynn twice pleaded guilty to lying to the FBI about his conversations with Russia’s then-ambassador, Sergey Kislyak.

 

Flynn then switched lawyers to pursue a new scorched-earth tactic that accused the FBI of setting him up, and asked the judge to dismiss the charge.

 

After the Justice Department took the highly unusual step of seeking to abandon the case against Flynn, Sullivan appointed a retired judge to argue against the Justice Department’s request.

 

Sullivan, represented by his own lawyers, has said he cannot serve as a “rubber stamp” and must carefully review the facts before deciding on the request for dismissal.

 

The D.C. Circuit panel disagreed in June, saying Sullivan was intruding on the Justice Department's authority to decide which cases it pursues.

 

Democrats have said the Flynn case is an example of Attorney General William Barr improperly meddling to help Trump’s friends and political allies.

 

(Reporting by Jan Wolfe in Truro, Massachusetts and Sarah N. Lynch in Washington; Editing by Chris Reese, Richard Chang and Jonathan Oatis)

 

-- © Copyright Reuters 2020-07-31

 

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[cmarshall]

The D.C. Circuit's en banc decision will go against Flynn.  So, Judge Sullivan will have his hearing on the government's motion to drop the case at which he will ask penetrating questions to ascertain how the DoJ decided to make that extraordinary motion.  And he will enter Judge Gleeson's amicus brief into the court record.  Then he will decide whether to grant the motion to drop or proceed to sentencing of Flynn.  My guess is that he will indeed sentence Flynn.  Trump will then pardon Flynn, but at least he will not be able to conceal his corrupt act behind the DoJ.

 

[cmarshall]

There is, however, an interesting consequence of Trump's issuing a pardon to Flynn.  Since a pardon cancels any further risk of prosecution, a pardonee has no remaining Fifth Amendment rights to refuse to testify.  That means that after January, a Democrat DoJ can subpoena Flynn to testify under oath and then when he lies yet again charge him with perjury.  If Flynn were sentenced by Judge Sullivan, Trump could then commute the punishment which, unlike a pardon, does not remove any Fifth Amendment rights of the accused.  That is probably why Stone requested a commutation, rather than a pardon.

 

So, it's better for everyone if the government is allowed to drop the case after Flynn's guilty plea has been accepted, making him already a convicted felon, but before sentencing.  I don't think Judge Sullivan will let them get away with it.

[bendejo]

Robert Mueller needs to do a Daniel Ellsberg:  take the unedited report (remember that?) and email it to media outlets and post it in public internet forums.  There will be consequences, of course.  On the other hand he would be remembered as a hero (like Ellsberg still is, nearly 50 years later) rather than ending his career as a beaten-down dog.

Batter up, Bobby 3-sticks!

 

 

[cmarshall]

1 hour ago, bendejo said:

Robert Mueller needs to do a Daniel Ellsberg:  take the unedited report (remember that?) and email it to media outlets and post it in public internet forums.  There will be consequences, of course.  On the other hand he would be remembered as a hero (like Ellsberg still is, nearly 50 years later) rather than ending his career as a beaten-down dog.

Batter up, Bobby 3-sticks!

 

 

The sun never rose on the day that Robert Mueller was ever going to be a Daniel Ellsberg.  Anyway, that ship has sailed long since.  No one cares about the Mueller Report anymore.

Edited July 31, 2020 by cmarshall

[geriatrickid]

1 hour ago, bendejo said:

Robert Mueller needs to do a Daniel Ellsberg:  take the unedited report (remember that?) and email it to media outlets and post it in public internet forums.  There will be consequences, of course.  On the other hand he would be remembered as a hero (like Ellsberg still is, nearly 50 years later) rather than ending his career as a beaten-down dog.

Batter up, Bobby 3-sticks!

 

 

He would never do that. Far too ethical and honest. I expect that he has kept some information and will make it available to the house and Senate in January 2021.  There will be a hearings akin to Watergate in the new year and I expect that alot of  Trump's friends, cronies and family will come to understand what the "lock them up" chant can mean.

[Eric Loh]

6 minutes ago, cmarshall said:

The sun never rose on the day that Robert Mueller was ever going to be a Daniel Ellsberg.  Anyway, that ship has sailed long since.  No one cares about the Mueller Report anymore.

Really. Muller has said that Trump could be indicted once he leaves office. It will be very bad for Trump personally. If he lose the election, Biden's DOJ will pursue this with added vigor. There will be no Barr to protect him. 

[cmarshall]

23 minutes ago, Eric Loh said:

Really. Muller has said that Trump could be indicted once he leaves office. It will be very bad for Trump personally. If he lose the election, Biden's DOJ will pursue this with added vigor. There will be no Barr to protect him. 

I hope that the Democrat DoJ pursues Trump next year, but I doubt it.  The Democrats aren't vindictive and don't want to be seen as vindictive.  Obama declined to prosecute CIA people who had engaged in torture which violated US and international law, one of whom is now Director of CIA.  Biden will do the same.

 

Author Michael Wolf was asked what Trump thought of Mueller and replied, "He's got no game."  A good summation.  Mueller had no reason not to name Trump as an unindicted co-cospirator.  What he lacked was cojones.

 

It's more likely that the New York AG would pursue cases against Trump.  Manhattan DA Cyrus Vance, Jr. would very much like to atone for his earlier acceptance of a bribe to stop prosecution of the Trump spawn and other acts of corruption.  Going after Trump would go a long way to rebrand Vance.  NY AG Tish James wants to be governor.  So, that's the best bet.

[Tug]

53 minutes ago, cmarshall said:

The sun never rose on the day that Robert Mueller was ever going to be a Daniel Ellsberg.  Anyway, that ship has sailed long since.  No one cares about the Mueller Report anymore.

I agree Robert muller would never allow the un redacted version out but I strongly disagree that no one cares about the muller report we will see in 2021

[cmarshall]

19 minutes ago, Tug said:

I agree Robert muller would never allow the un redacted version out but I strongly disagree that no one cares about the muller report we will see in 2021

In 2021 everyone will still be talking about the street violence that erupted following the election for the first time in US history.

[Tug]

16 minutes ago, cmarshall said:

In 2021 everyone will still be talking about the street violence that erupted following the election for the first time in US history.

Actually I disagree after Lincoln was elected we had a full blown civil war that was violence I do think you are correct that there will be some violence when trump loses but not that much I think the trump era will be studied very intensely indeed!hes done a lot of damage

[Rimmer]

troll post removed

[cmarshall]

1 hour ago, Tug said:

Actually I disagree after Lincoln was elected we had a full blown civil war that was violence I do think you are correct that there will be some violence when trump loses but not that much I think the trump era will be studied very intensely indeed!hes done a lot of damage

Lincoln's election was on Nov. 6, 1860.  The Confederates fired on Fort Sumter on April 12, 1861.  So it can't really be said that the election erupted in violence.  In addition, no shots were fired because anyone believed that Lincoln's election was illegitimate.  The Confederate States merely thought it was not in their interest.

[Tippaporn]

"Flynn then switched lawyers to pursue a new scorched-earth tactic that accused the FBI of setting him up, and asked the judge to dismiss the charge."

 

The article forgot to mention that evidence surfaced to show that Flynn was set up.  Ask Biden about it.

[Tippaporn]

26 minutes ago, Phoenix Rising said:

I'm sure you can link to credible sources proving that this was indeed the case?

Here you go.  Happy reading.

 

Trump says he could bring back fired ex-national security adviser Flynn

[simple1]

28 minutes ago, Tippaporn said:

Here you go.  Happy reading.

 

Trump says he could bring back fired ex-national security adviser Flynn

Flynn's lawyer is a shill in the same manner as trump. Have to wait and see the result of the OP review. If at the end of the process Flynn is guilty, quite possible, trump could pardon the guy, but would be another nail in his re-election efforts.

Edited July 31, 2020 by simple1

[Phoenix Rising]

32 minutes ago, Tippaporn said:

Here you go.  Happy reading.

 

Trump says he could bring back fired ex-national security adviser Flynn

Linking to a post made by yourself where you linked to some opinion pieces as evidence. Brilliant!????

[Scott]

Off-topic posts removed.  Please stay on topic and cease with personal arguments.

 

[i84teen]

It should be obvious by now that Flynn lied, probably, but not emphatic, but he was most assuredly setup, there can be no doubting that part now.

He should never have faced prosecution, so everything that follows it should be null/void and go down on the record as another sham prosecution by the democratic farce and keystone fbi.

[Scott]

An off-topic post and replies removed.