by Daveda Gruber
Many have been waiting for the case against General Michael Flynn to end and be resolved. It doesn’t look like that is happening at this time.
In an eight to two decision the D.C. Circuit Court of Appeals ruled D.C. District Court Judge Emmet Sullivan doesn’t have to grant prosecutors’ motion to dismiss the criminal case against the former national security adviser.
The full court, minus Gregory Katsas, who recused himself, reversed the decision in an en banc review of a three-judge panel, which had issued a writ of mandamus ordering Sullivan to throw out the case.
Flynn and his attorneys, led by Sidney Powell, had argued that Sullivan overstepped his authority by appointing a third-party amicus curiae (friend of the court) to argue against dismissal. Flynn, with his attorneys, and the Justice Department agreed to dispose of the case.
The court wrote an opinion that said, “Quite simply, the only separation-of-powers question we must answer at this juncture is whether the appointment of an amicus and the scheduling of briefing and argument is a clearly, indisputably impermissible intrusion upon Executive authority, because that is all that the District Judge has ordered at this point.”
The opinion continues, “We have no trouble answering that question in the negative, because precedent and experience have recognized the authority of courts to appoint an amicus to assist their decision-making in similar circumstances, including in criminal cases and even when the movant is the government.”
Flynn’s legal team argued that in the vast majority of cases that it is a mere formality and this case did not warrant being the rare exception where a judge needed to step in for further review.
Dismissals are, by rule, done “leave of court.”
Judge Karen Henderson stated that Sullivan should have been disqualified from the case because his “conduct patently draws his impartiality into question.”
Also, Judge Neomi Rao argued that Sullivan is acting improperly because “it is long settled that a district court cannot supervise the prosecutorial decisions of the Executive Branch.”
Federal prosecutors had moved to dismiss Flynn’s case. He had previously pleaded guilty to providing false statements to the FBI.
FBI records questioned the circumstances surrounding Flynn’s interview with investigators.
The DOJ was criticized by Democrats for giving Flynn unusual and improperly kind treatment due to his connection to President Trump.
So now the case goes back to Sullivan. He will probably hear oral arguments from the DOJ.
Thankfully, the DOJ is in favor of dismissal but then retired Judge John Gleeson, who was appointed as amicus, has already filed a brief opposing dismissal.
I’ve written many articles that pertain to Flynn but in one of the last ones that I wrote that includes the positive aspects that might help dismiss the case, I reminded my readers that Sullivan still had the last word and that people should not jump to the conclusion that Flynn was now free.
The General and his supporters are still left dangling waiting for an end to this miscarriage of justice brought about by corrupt FBI and government officials up to the highest level.
Remember my words, “We have a two tier system.”