A federal appeals court has dealt a setback to Michael Flynn, President Donald Trump‘s first national security adviser, ruling that a District Court judge can proceed with a planned hearing on the Justice Department's attempt to abandon the criminal false-statement case against Flynn.
"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 majority opinion said.
The majority opinion noted that the dissenters initially rejected Flynn’s request to have Sullivan’s case reassigned to another judge, but in Monday’s ruling said such a reassignment was merited. And the dissenters noted that after agreeing to rehear the case at Sullivan’s request, the majority sidestepped the validity of that move by declaring that the broader court decided at its own initiative to take a fresh look at the dispute.Flynn pleaded guilty in 2017 to lying about his contacts with Russia’s U.S. ambassador in the weeks before Donald Trump took office and Flynn became national security adviser.
Flynn’s attorney, Sidney Powell, then filed a motion with the appeals court to force Sullivan to dismiss the case — a rare request for a so-called “writ of mandamus” that would override Sullivan’s plans. Rao said in her dissent that she was convinced Sullivan would do just that. And she described the case as a kind of zombie pursuit of Flynn that is senselessly grinding on with no one actually at the helm.
What exactly is the standard of judicial conduct then? Amazing that this was upheld.
We are witnessing, Corruption on an immense scale from these Judges. Their HATE for Trump is off the charts. Sad day for so called 'justice'... MichaelFlynn Flynn CORRUPTION cnn
Ridiculous!!!!
Yes!
Right decision
Let's be clear, it's not Flynn's efforts, it's the DOJ's efforts.
GenFlynn now what?
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