Appeals court is wary of stepping in before trial judge rules, The DOJ’s move has been criticized as politically motivated. "Just because it is not public does not mean that it is necessarily part of a cover-up of some sort," she said, suggesting one possibility could be a pending investigation that may or may not result in charges, specifically the sweeping probe of the Russia investigation which Barr commissioned to Durham after former special counsel Robert Mueller's office concluded its work. The legal issue at hand is whether the Department of Justice can force presiding U.S. District Judge Emmet Sullivan to dismiss the Flynn case without a full review of Barr's abrupt decision to drop charges. But a ruling the other way may open the door to a potentially damaging inquiry by a judge into whether the Justice Department is acting chiefly to protect a political ally of the president.
All rights reserved. He was about to be sentenced when he withdrew his plea. Wall, the government's top Supreme Court lawyer, made the stunning claim during a Tuesday hearing on the Flynn case in front of the full D.C. pftt) has gone to bat for his friend Judge Emmet Sullivan in the Michael Flynn case. Good choice by the DOJ. All rights reserved. ABOUT | CONTACT | SUPPORT | COMMENT POLICY | PRIVACY POLICY | LOGIN, https://www.emptywheel.net/wp-content/uploads/2017/12/michael-flynn.jpg, https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png, Jeff Wall Admits that Any Scrutiny of DOJ’s Motion to Dismiss Flynn Prosecution Will Cause Irreparable Harm to Bill Barr, Every Democratic congress person should be on the zoom with TV and news media in their district demanding the Rs de…, Lol, even Kelner is harshing on Trump’s nonsense, Manchin can't even wait for Biden to be sworn in, he's got to curry favor with the GOP. Unfortunately, seeing how easy it was for Barr to use his AG power in bad faith last time and get away with it does not have me feeling good for how this case will go.
Friday, June 12, 2020 9:30 A.M. USCA (Live-streaming) Judges Henderson, Wilkins, Rao Case no:20-5143 In re: Michael Flynn (15 minutes per side), If the video won’t play… click here: https://youtu.be/a15exlPAA3U, Flynn update – Amicus John Gleeson has filed his brief.Gleeson calls the DOJ Flynn dismissal “pretextual” and “a gross abuse of prosecutorial power.”Just what Judge Sullivan asked for.Full doc:https://t.co/y4VnqPHs7x pic.twitter.com/FgXwnR54Pj, Whoa. As Attorney General, William Barr used every advantageous avenue available to prevent the bagman’s trial from revealing the involvement of anyone in the Executive branch. "The attorney general made that judgment on the basis of lots of information. As Law&Crime's Aaron Keller observed, Wall indicated that there may be reasons based on information not available to the public. Whatever he would decide could then be subject to another appeal on the merits, restarting the process all over again.
Copyright © 2019 emptywheel. Finally, the court might reassign the matter to a different judge should it decide that Sullivan can no longer rule on the contentious case with impartiality. The Justice Department made its request to drop the case on May 7, saying Flynn’s lies to the two agents weren’t “material” to the Russia probe and that he shouldn’t have been interviewed in the first place. On the contrary, she claimed, "The district court is doing what district courts do” by preparing to rule on a motion, and that Flynn and the DOJ were basing their arguments on "speculation and fear.".
"To drive that point home, the attorney general sees this in the context of public information from other cases. Federal appeals court judges peppered lawyers for Michael Flynn and the Justice Department with tough questions on why they should issue an extraordinary order forcing the dismissal of the case.
Wall clerked for Justice Thomas and has argued numerous cases before the Supreme Court. Or must he accede to the Justice Department?
My guess is the prosecutors refused to let Flynn completely off the hook like Barr wanted. Have a confidential tip for our reporters? Cookies help us deliver our Services. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email this to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Flynn Hearing 9:30AM: The Circus Continues (LIVE VIDEO), https://www.patreon.com/CitizensInvestigativeReport, https://www.facebook.com/citizensinvestigativereport, https://www.youtube.com/c/CitizensInvestigativeReport, President Trump Holds Roundtable on Race Relations, The Scandal of OUR TIME: The Playbook is KNOWN, Access Granted: Money Talks. See the sidebar for the full version of the rules. Quotes displayed in real-time or delayed by at least 15 minutes.
That year in Judge Marvin Shoob’s courtroom was the trial for the guy left holding the bag on billions of dollars of loans extended to Saddam Hussein’s government in the run-up to the first Gulf War — a scandal known at the time as Iraq-gate. Powell referenced Gleeson’s “blistering op-ed in the Washington Post” as evidence that his “bias demands his disqualification.”. Is America ready to fully DRAIN THE SWAMP, scrape the sides, the bottom, powerwash then refill to a Beautiful Crystal Clear Lake? Roger Sollenberger is a staff writer at Salon.
Learn how your comment data is processed. Fired by Trump soon after, Flynn pleaded guilty in 2018 to charges brought by Robert Mueller’s team investigating Russian interference in the 2016 election. To support the emptywheel site, choose the option below that works best for you. ANDREW MCCARTHY: SHOULD JUDGE SULLIVAN BE DISQUALIFIED FROM MICHAEL FLYNN CASE? Sidney Powell, the attorney for President Donald Trump’s first national security adviser, told an appeals panel in Washington Friday that the lower-court judge “has no authority to do anything further in this case,” after the Justice Department decided to seek an end to its prosecution of Flynn even after he pleaded guilty to lying to FBI agents during the Russia probe. No advocating violence, brigading, bigotry, trolling, or being a dick to other people here. Covid Superspreader Risk Is Linked to Restaurants, Gyms, Hotels, China-Anchored Free-Trade Zone, World’s Biggest, Nearly Done, Target Is Reopening Its Looted Store With Black Shoppers in Mind, Deep-Freeze Hurdle Makes Pfizer’s Vaccine One for the Rich, Stocks Slump on Lockdown Angst Amid Stimulus Limbo: Markets Wrap. “It almost is ministerial,” Powell said, but Griffith said that either it is or it is not, and in reality it is not. Judge Cornelia Pillard — an Obama appointee — took a similar approach to Garland, saying that "we don’t know" what Sullivan would have done since he was not able to hold a hearing on the motion to dismiss.
", Though judges defer to prosecutors to make charging decisions for a number of reasons, McQuade said Wall's statement "sounds more like a specific fact that can't be shared.".
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