Federal Appeals Court: Drop Michael Flynn Case
Michael Flynn. (Manuel Balce Ceneta/AP)
A federal appeals court ordered the judge, overseeing the Michael Flynn case, to dismiss the case. A three-judge panel made this decision. The majority decided that new evidence argued for dismissal.
As a recap, Michael Flynn was charged with making false statements to the FBI. However, evidence indicated that the FBI had no grounds to question Michael Flynn. Additionally, the agents that interviewed him did not feel that he lied to them.
From Politico:
Rao’s majority opinion leans heavily on the “presumption of regularity” often afforded to executive branch decision-making — the notion that courts should presume prosecutorial decisions are made in good faith. Through this lens, Rao and Henderson concluded, the Justice Department’s discovery of new evidence that cast doubt on Flynn’s guilt should be treated with deference.
Wilkins, an Obama appointee, issued a sharply worded dissent. The government’s U-turn in the case, he said, was so abrupt that a judge could reasonably question it.
“This is no mere about-face; it is more akin to turning around an aircraft carrier,” Wilkins wrote.
Wilkins also complained that his colleagues were departing with normal federal court practice by prematurely intruding in the affairs of a district court judge who had not yet ruled.
“It is a great irony that, in finding the District Court to have exceeded its jurisdiction, this Court so grievously oversteps its own,” wrote Wilkins. He added that while the government never actually filed an appeal of its own, the majority’s ruling shutting Sullivan down seems to rest not as much on Flynn’s rights as on the impact on the government of Sullivan’s continuing scrutiny of Barr’s decision.
Politico has more information here.
Category: Politics
The left is totally out of control.
If not stopped this election cycle America as our forefathers knew it will cease to exist.
I just read a story of rioters beating a left wing Wisconsin State Senator into unconsciousness. Yet when he issues a statement he said he still supports them and their cause in Madison.
This is the result of years and years of liberal voting patterns.
I have no idea what it will take for the left to abandon their stupid policies and vote for American ideals instead of Marxist/Stalinist policies.
It is looking more and more like Germany of the 1930’s.
It’s people like larsie-boi, assface himself that foment actions like the judge in this case. They honestly believe that the world revolves around them and their wants….
Then the scumbag deserved every blow of that beating he got. Stupidity is often its own reward.
“Just wait until Comrade Stalin hears about this! You will pay dearly!”
– myriad nameless dead Gulag victims
“Who?”
-Comrade Stalin
Sadly ‘stixx, you are 100% correct. We have one more chance to slow down the destruction of our Republic. Vote your way into socialism, and shoot your way out.
And the judge as of yesterday is stalling on dismissal of this case
And has pushed it back until July WTF is wrong with our courts
Judges are not content with just being the judicial branch of government, they want to handle legislative and executive matters as well.
As someone once said:
Swim lane. Stay in yours.
There’s a term for the form of government wherein one person makes, interprets, and executes the law. And if I recall correctly, Marx indicated it would be a essential interim stage that followed the revolution and lasted until “true Communism” was realized.
Now, just what is that form of government called? I can’t seem to recall at the moment . . . .
Wilkins should have been recused from judgment since he was appointed by Obama whom was a direct participant in Flynn’s persecution.
Wilkins was appointed by 0bama. He is swamp rat or one of its sympathizers. He would likely never rule against anything done by 0’s regime, even if illegal.
It seems likely that Sullivan’s next move will be to try to hold Flynn in contempt of court for denying his guilty plea. By issuing an order to show cause re contempt and holding a hearing Sullivan could drag this out for a couple more months.
If this Obamanite scumbag refuses to go along with the ruling, can the appeals court find HIM in contempt and jail him?
Yes it could, but they are more likely to just remove him from the case and direct the chief judge of the district court to assign the case to another judge.
Flynn for Director of the FBI!!!!!