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Judge refuses to dismiss Flynn case, petitions full appellate court


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Washington, D.C. federal District Judge Emmett Sullivan is refusing to dismiss the criminal case against former national security advisor Michael Flynn, and is now arguing that the D.C. Circuit Court of Appeals erred when it ordered him to do so last month in a 2-1 ruling.

Sullivan, through his attorney Beth Wilkinson, filed a petition on Thursday for a so-called "en banc" review by the entire D.C. Circuit Court of Appeals, arguing that the three-judge panel was improperly trying to force the district court "to grant a motion [to dismiss] it had not yet resolved ... in reliance on arguments never presented to the district court."

Flynn's lawyer, Sidney Powell, successfully sought a writ of mandamus last month from the three-judge panel on the appellate court ordering Sullivan to toss the case. Writs of mandamus are unusual remedies that order government officials to take a certain action; they are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable," Powell acknowledged.:snip:

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July 10 2020

This is a combination of The Never Ending Story and The Terminator. Judge Sullivan is not yet ready to give up. It's disheartening.

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In the Flynn case, more exculpatory evidence

Scott Johnson

July 11 2020

The case brought by Team Mueller in the name of the United States against Michael Flynn constitutes a sidebar to the biggest political scandal in American history by far. While the United States now seeks to dismiss the case, Judge Sullivan resists. His resistance now extends to the The D.C. Circuit opinion granting Flynn’s petition for a writ of mandamus ordering him to dismiss the case.

While the D.C. Circuit mulling over Sullivan’s petition for en banc review of the court’s mandamus order, the government continues to produce previously unreleased exculpatory material to General Flynn. Reminder: Attorney General Barr assigned United States Attorney Jeffrey Jensen the task of reviewing the government’s file in the Flynn matter. Jensen’s review has resulted in several productions of exculpatory evidence that prosecutors acting on behalf of the United States should previously have turned over to Flynn.

What we have here is a sickening disgrace from which the press averts its eyes like Victorians confronting a public display of sex. At every step along the way, the press acted as a co-conspirator with the perpetrators inside the FBI and the Obama administration. You can understand why they might not be inclined to look back or confess and repent their wrongdoing. They look forward to the Biden Ministry of Truth depositing it down the memory hole.


Flynn counsel Sidney Powell filed Flynn’s Second Supplement In Support of Agreed Dismissal yesterday. It is accessible here. The newly produced exculpatory evidence was attached to Powell’s memo as Exhibit A. Powell’s memo explains the circumstances underlying the production and itemizes the government’s previous productions of undisclosed exculpatory evidence. This is a scandalous sidebar to the scandalous sidebar.

I have embedded the newly produced exculpatory evidence below via Scribd, where it is posted at the moment. NR reports on the material here. Conservative Tree House’s Sundance helpfully explicates it here.


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