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    D.C. Circuit Vacates Order Directing District Court To Dismiss Flynn Case, Full Circuit Will Reconsider

    D.C. Circuit Vacates Order Directing District Court To Dismiss Flynn Case, Full Circuit Will Reconsider

    “The parties should be prepared to address whether there are ‘no other adequate means to attain the relief’ desired.”
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    The D.C. Circuit Court of Appeals has vacated the prior order of a panel directing Judge Emmet Sullivan to dismiss the case against Michael Flynn. Sullivan requested the full Circuit court consider the case (“en banc”).

    Here is the full Court Order.

    O R D E R

    Upon consideration of the petition for rehearing en banc, the responses thereto, and the vote in favor of rehearing en banc by a majority of the judges eligible to participate, it is

    ORDERED that this case be reheard by the court sitting en banc. It is

    FURTHER ORDERED that the court’s order filed June 24, 2020, be vacated. It is

    FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020. The parties should be prepared to address whether there are “no other adequate means to attain the relief” desired. Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004).

    A separate order will issue regarding the allocation of oral argument time.

    The Court’s focus on “whether there are ‘no other adequate means to attain the relief’ desired” seems to be a clear sign that Sullivan’s argument that the panel order was premature, and that he should have been allowed to rule on the government’s motion to dismiss, is viewed as a problem by many if not most of the appeals court judges.


    For background on the Sullivan-Flynn litigation, see these prior posts:


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    Vladtheimp | July 30, 2020 at 8:07 pm

    amwick | July 31, 2020 at 6:58 am

    Sir Walter Scott nailed it: tangled webs. That Judge Sullivan is a spider with an agenda, and it is not justice.

    While I certainly appreciate this fine post and the comments, I just cannot wrap my poor brain around what is happening here.

    Sidney Powell’s tweeted response was “WOW”, because she is too nice to use vulgarity.

    CTimbo | July 31, 2020 at 7:52 am

    If antifa is looking for another courthouse……..

    oldscribe | July 31, 2020 at 12:52 pm

    It’s past time for Judge Lynch to teach these Leftist “Judges” what “The Law” really means.

    Arminius | August 2, 2020 at 11:47 pm

    The shamelessness of it all is stunning. Really, though, nothing should surprise me after Rose Bird let the mask drop. She had no judicial experience when governor “moonbeam” appointed her chief justice of the Kali Supreme Court in 1977. She thought, and acted, like she had become royalty (she required appeals court judges to basically kiss her ass if they wanted to see her on official business.

    Governors appoint Supreme Court justices in Kali, but voters have to reconfirm them periodically. She became the first and only chief justice of the Supreme Court to be voted out of office (overwhelmingly I must add) in 1986. If memory serves that was the first chance voters had to fire her worthless behind.

    She claimed during the run-up to the election and afterwards that the only reasons she was opposed at all were “sexism, ” “bigotry,” and “right wing ideology” and blamed then-AG Ed Meese for fanning the flames of misogyny and hatred against her.

    Not even her supporters could stomach that line of B.S. It was so obviously B.S. because AG Meese had never taken a position on whether she should be reconfirmed or not. Even her supporters, who were staunch opponents of the death penalty, knew the real reason voters opposed her.

    She heard 64 death penalty cases during her nearly 10 years on the court, and every time she ruled that the lower courts had wrongly decided the case and vacated the death sentence.

    Voters also sent two other justices, who sided with her every time, packing. She needed at least 3 other justices to side with her to prevail, and she often got 3 other justices to agree with her but that third justice survived the purge; more on why that is shortly.

    She and the other two justices who were voted out made it no secret that they didn’t care what the law said or the people of the state wanted. She made no bones about the fact she would never uphold a death penalty case. I believe the last straw was the case of a murdering child-rapist named Theodore Frank. He kidnapped, raped, murdered, and then savagely mutilated the corpse of a two-year old girl.

    Check out her rationale. While she agreed the state had proven beyond a reasonable doubt that he kidnapped the child, that he raped her, and then stabbed her something like two dozen times, the state hadn’t proved he intended for all that stabbing to result in the little girl’s death. Therefore he hadn’t committed first degree murder and couldn’t be executed.

    Her ruling appalled even strong opponents of the death penalty, who had to admit the death penalty was a law on the books and if ever a crime called for it to be applied that was the crime. And Rose Bird didn’t care just how obvious she was about how her personal opinions trumped any law on the books when she disagreed with it. And anyone who didn’t like it could go to hell because she was the highest law in the state.

    Even her supporters called this, “Rose flipping the voters of California the Bird.” Not only did she make it clear that her vote counted more than millions of people, but she told them to go pack sand and if they didn’t meekly say, “OK, you’re the boss” and go pack sand it proved they were vile knuckle-dragging subhumans. Which of course meant she was correct to spit on them.

    The one judge who survived the house cleaning also opposed the death penalty, no doubt as strongly as Rose Bird. But unlike Rose Bird he noted that he had taken an oath to uphold the law as written, not how he would have liked it to be, and he would do his sworn duty no matter how he disliked doing it.

    Kali was a different world back then. It was Reagan country. And judges were a different breed. They’re all Rose Birds now, giving the American people the finger whenever they get a wild hair up their butts to do it. With a smile on their face. I’m surprised any of their rulings are longer than 8 words. “F*** you, America, I’ll do what I want.”

    Leftist judges haven’t just let the mask slip like they did forty years ago when they still cared about keeping up pretenses. They’ve taken the mask off, doused it charcoal lighter, threw it on their BBQ grill, made a video of the destruction, and posted the video on youtube. So it’s time to acknowledge that we are no longer a self-governing people, with a government based on the consent of the governed.

      GatorGuy in reply to Arminius. | August 3, 2020 at 5:03 am

      A great history lesson showing the influence a single person (Bird) can make on an important institution (Kali Supreme Court) and the Left’s unoriginality and mass cult-like qualities to enshrine her bizarre, idiosyncratic, lawless buffoonery into a practice-style and purpose emulated today by hundreds of activist judges, like the present derelict on the DCDC bench, pretending to work for the law while raping its very essence and substance.

      A great read and courtesy, thank you.

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