The legal saga of President Trump’s former national security adviser Michael Flynn continued Thursday when a judge asked the appeals court in Washington to revive his effort to scrutinize the Justice Department’s move to drop Flynn’s case.Andrea Widburg at AmThink writes Flynn judge files a ridiculous request with the Court of Appeals, and explains why. Capt Ed, Hot Air (VIP) Surprise, Sorta: Flynn Case Not Over Yet … By A Long Shot. Ace, Incompetent Lunatic Judge Emmit Sullivan Waits Two Weeks To Ask For a Reconsideration of His Bullshit Position
The full U.S. Court of Appeals for the D.C. Circuit will now decide whether to take a second look at U.S. District Judge Emmet G. Sullivan’s plan to examine whether the government’s move to undo Flynn’s plea of guilty is in the public interest.
Sullivan’s request for rehearing comes after a divided three-judge panel on June 24 ordered him to put an end to the case and said Sullivan was wrong to appoint a retired federal judge to argue against the government’s position.
In response, Sullivan’s attorneys told the court that while the panel majority’s opinion is couched as a fact-bound ruling, it marks a “dramatic break from precedent” that “threatens to turn ordinary judicial process upside down.”
“It is the district court’s job to consider and rule on pending motions, even ones that seem straightforward,” wrote Sullivan’s attorneys, led by Beth A. Wilkinson. “This Court, if called upon, reviews those decisions — it does not preempt them.”
He could have made this request at any time over the past two weeks.Sundance at CTH, Judge Sullivan Digs In – Asks DC Circuit for a Full Panel Rehearing (en banc) on Dismissal of Flynn Case…
But he waited until almost the 5pm deadline.
The theory that this cocksucker is just trying to stall this case out so that a Biden DOJ can revive the case is getting stronger.
There is no guarantee the full DC Circuit will agree to the en banc request. However, given the nature of the court, it should be anticipated. What really appears to be the undiscussed background is an effort to keep dragging this issue out as long as possible. This is beyond judicial activism running amok, we have now entered the realm of judicial weaponization.Speaking of stalling, Julie Kelly at AmGreat wonders Where the Hell Is John Durham?, while Fox reports Durham, under pressure to wrap up investigation, could 'punt' to after Election Day: source, which would be a disaster, because, if the Democrats win, they would immediately kill and silence the investigation, political fallout not withstanding (and the media would support them 100%). AllahPundit at Hot Air, "There’s no way. The president would have an aneurysm." Ace, Report: John Durham Feels "Pressure" to Either Wrap Up His Investigation Unfinished, Or Put It Off Until After the Election "This is a cover up." Not yet, but it might become one.
The Lawfare resistance was strongly advocating for this judicial approach. However, what we can infer from the need for Sullivan to trigger the en banc request is that no individual circuit court judge was going to do it independently (sua sponte) which was an option.
It appears Sullivan waited to see if one of them would; then, after a period of time where he identified no circuit judge would independently put himself/herself into the spotlight, Sullivan makes the en banc request himself. The panel will likely accept the request.
Sullivan’s en banc petition essentially says his requests to have an outside amicus brief the court -on all the reasons not to accept the unopposed motion to dismiss- as commonplace; and he decries the DC appeals court mandamus decision as “a dramatic break from precedent that threatens the orderly administration of justice.” [I think he’s stalling.]
The other big news is that the Supreme Court, in mixed rulings, said the Congress could not subpoena Trump's tax return, while the SDNY could. WaPoo, Supreme Court says Manhattan prosecutor may pursue Trump’s financial records, denies Congress access for now. The ruling effectively puts off any transfer of the tax returns to SDNY, until after the election, making it a tactical win for Trump, since SDNY subpoena could still be challenged in court, but a potential loss for the presidency. Sundance, Supreme Court Blocks and Punts on Trump Financial Records Cases… "Apparently stall tactics are all the rage amid a political judiciary that is collapsing from a quickly metastasizing cancer inside the third branch of government." As Justice Alito noted in dissent, Court’s Decision Gives 2,300+ Local Prosecutors Power to Subpoena the President. Unfortunately, Republican prosecutors rarely act so abusively, but Democrats feel free.
“As for the potential use of subpoenas to harass, we need not ‘exhibit a naivete from which ordinary citizens are free,’” wrote Alito in his dissent.Alhouse, "The Supreme Court on Thursday cleared the way for prosecutors in New York to see President Trump’s financial records, a stunning defeat for Mr. Trump..."
“As we have recognized, a President is ‘an easily identifiable target,’” Alito said.
“There are more than 2,300 local prosecutors and district attorneys in the country,” he said. “Many local prosecutors are elected, and many prosecutors have ambitions for higher elected office.”
“If a sitting President is intensely unpopular in a particular district—and that is a common condition—targeting the President may be an alluring and effective electoral strategy,” said Alito.
“But,” he said, “it is a strategy that would undermine our constitutional structure.”
"... but a decision that probably means the records will be shielded from public scrutiny under grand jury secrecy rules until after the election, and perhaps indefinitely. In a separate decision, the court ruled that Congress could not, at least for now, see many of the same records. The vote in both cases was 7 to 2. Chief Justice John G. Roberts Jr. wrote both majority opinions."The AP whines, No peeking, voters: Court keeps Trump taxes private for now. WaFreeBee, Supreme Court Gives Manhattan Prosecutor Access To Trump Financial Records But Rebuffs House Democrats.
Switching topics, Sundance presents Ric Grenell Discussing Obama Team Motivation to Disrupt Incoming Trump Administration…
and speculates on Why Did The DOJ Release SSCI Vice-Chairman Mark Warner’s Text Messages on February 9, 2018?… Mark Warner is up to his neck in "the resistance."
News Thud reports, Marie Yovanovitch speaks out on Vindman retirement, says he “deserved better than this” A short trial and a long drop, or a bullet, charged to his twin brother? You earn promotion to colonel; it's not meant as a reward for collusion against your commander-in-chief.
Insty, BUT OF COURSE: RealClearInvestigations: FBI Man at the Heart of Surveillance Abuses Is a Professor of Spying Ethics. "Ethicists, in my experience, tend to be a bit dodgy." That's my experience in science as well. It's a good read though. One of those people you haven't heard of that need more scrutiny.
Jerry Dunleavy at WaEx, Fusion GPS received hundreds of thousands of dollars in small-business loans during pandemic. I'd like to see evidence that their business model (lying for money) has suffered as a result of the WuFlu.
The group that hired British ex-spy Christopher Steele to put together his Trump-Russia dossier received hundreds of thousands of dollars under the Small Business Administration’s Paycheck Protection Program.NBC New York, Ex-Trump Attorney Michael Cohen Taken Back Into Custody, but not apparently for violating the terms of his release by going out to eat at a fancy restaurant, but rather in a dispute over other aspects. WaPoo, Michael Cohen taken back into federal custody
Records show Bean LLC, the shell parent company for Fusion GPS, which was co-founded by former Wall Street Journal reporters Glenn Simpson and Peter Fritsch, received a loan amount between $350,000 and $1 million, according to ProPublica’s database. The Washington, D.C.-based opposition research firm’s loan was approved on April 14, the money was provided through Trustar Bank, and Fusion GPS claimed it would help retain 15 jobs.
The SBA states that any business “that derives over 50 percent of its gross annual revenue from political or lobbying” activity would be “ineligible" from the coronavirus pandemic loan program. But the New York Times reported that a host of Republican and Democratic lobbying firms, ad makers, and opposition shops received PPP loans totaling in the hundreds of thousands or millions of dollars. Among the groups that received the loans were left-wing Media Matters for America, which got between $1 million and $2 million, and the conservative Americans for Tax Reform, which got between $150,000 and $350,000.
Lanny Davis, one of the legal advisers, said that Cohen initially balked at agreeing to a Bureau of Prisons requirement that he not talk to reporters, not use social media and not write a book while on home confinement.And speaking of going to jail, WaPoo reports Justice Department says Roger Stone should report to prison Tuesday. I'm surprised he's not allowed out on appeal.
A Justice Department official, however, said Cohen “refused electronic monitoring” — which Davis and lawyer Jeffrey Levine disputed — and added: “It’s not that he can’t do media interviews. It’s that he has to get preapproval for them.” The official spoke on the condition of anonymity because they were not authorized to discuss the matter publicly. Documents obtained by The Washington Post show the requirement Cohen was asked to agree to was far more stringent than what the official described. In addition to consenting to electronic monitoring, Cohen had to agree to “No engagement of any kind with the media, including print, tv, film, books, or any other form of media/news. Prohibition from all social media platforms. No posting on social media and a requirement that you communicate with friends and family to exercise discretion in not posting on your behalf or posting any information about you,” the documents show.
Stone has asked that he stay out of prison stripes until at least Sept. 3 while he appeals his conviction. He was set to start his sentence yesterday but asked a federal judge for a two-month extension. The Justice Department didn’t oppose that request, giving him a little more time to argue in the legal system and the press.Through the WaPoo, Ousted U.S. attorney who investigated Trump associates whined that Barr pushed him to resign and take another job Good riddance.