The full U.S. Court of Appeals for the D.C. Circuit is hearing Tuesday arguments in the extraordinary dispute between Michael Flynn and his judge. The dispute centers on whether the judge is required to drop Flynn’s case now that the Justice Department has requested it be dismissed.
The D.C. Circuit has already halted an order from a three-judge panel from its bench directing the judge, U.S. District Judge Emmet Sullivan, to immediately drop the case.
The initial appeals court panel, which was made up of a majority of GOP appointees, sided with Flynn. But at Sullivan’s request, the full appellate bench — which is tilted towards Democratic appointees — is now reviewing the dispute. The Justice Department is supporting Flynn’s efforts to get an appeals court intervention.
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Listen Live
The court has a livestream here.
What To Watch
- Tuesday’s arguments raise the stakes on the fight over Flynn’s case. No matter what ultimately happens in Flynn’s particular case, a broader question in the dispute is whether federal judges are obligated to go along with DOJ prosecutorial decisions that appear to be driven by an inappropriate political motive.
- Sullivan had not yet decided what to do with the DOJ dismissal request, and a major question expected to be argued in front of the appeals court Tuesday is whether it’s too early in the process for the appeals court to be jumping in and reversing Sullivan’s moves.
The full U.S. Court of Appeals for the D.C. Circuit is hearing Tuesday arguments in the extraordinary dispute between Michael Flynn and his judge. The dispute centers on whether the judge is required to drop Flynn’s case now that the Justice Department has requested it be dismissed.
The D.C. Circuit has already halted an order from a three-judge panel from its bench directing the judge, U.S. District Judge Emmet Sullivan, to immediately drop the case.
The initial appeals court panel, which was made up of a majority of GOP appointees, sided with Flynn. But at Sullivan’s request, the full appellate bench — which is tilted towards Democratic appointees — is now reviewing the dispute. The Justice Department is supporting Flynn’s efforts to get an appeals court intervention.
Follow along below:
Flynn wins and we lose. This is a battle between factions in the law. If the Right wins that’s enough precedent for them. Trump will ignore any court going forward.
He’s boxed in by the NY court already, and looking for a way to negate the lot.
I would be surprised if the full court does not side with Judge Sullivan.
No writ of mandamus, Sullivan makes his decision, the DoJ then continues to litigate this matter. Unbelievable. It will end up before the Nine Wise Souls before it’s finished.
The level of legal dishonesty from Powell and the rest of Trump’s legal team…yes, she’s basically on Trump’s legal team…indicates that it isn’t just the GOP that has some soul searching to do. The ABA amd Bar organizations across the country need a serious wake up call. They are utterly corrupt and useless.
So far, they do not sound amused by this circus.