dChan - Q Origins Project Archive

Flynn Case and Sullivan's Appeal

anon summary

Sullivan and his allies, the antagonists to General Flynn, were hoping for a single Judge of the Court to request a full panel vote to decide if an en banc review could be granted. This desired action by Sullivan would remove the appearance of partiality, and create a narrative for the media to run with in continuance of supporting the Judiciaries assault on the rule of law relative to Conservative Defendants.

The failure of a single Justice to request said review could certainly be deemed indicative of the weakness of Judge Sullivans position and appeal. To Patriots this underlying fact also is further exemplified by understanding Obama, etal'.s, vested interest in gaining a continuance of the Prosecution of General Flynn. The failure of powerful outside interests to compel a Justice of the Circuit Court to request en banc review of the Mandamus order speaks to the lack of merit in any Appeal, and perhaps in Sullivan's actions more broadly.

Whether Sullivan has a right to Appeal is likely going to be the initial factor in the Judicial Review, and will likely be the first consideration of the Circuit Court. Generally speaking only 'affected' parties to the Mandamus judgement would have rights to Appeal, and a Judge of a Court is merely, as Powell describes in her filing 'a umpire', and cannot be a party with appeal rights.

However a unusual event transpired when the original Writ of Mandamus was filed with the Circuit Court. Judge Sullivan was personally ordered to respond to the Circuit Court. This was a unique request which likely resulted in Sullivan gaining private counel to represent him, because the usual process would merely be ordering the Court that is presiding over the case to respond. Having the Judge be required to personally respond is rare.

Upon reviewing the case after the Circuit Courts response to Mandamus was filed and reading other legal opinions, I surmised that this tactic to have Sullivan respond personally could be indicative of two things:

1) The general legal consensus and public opinion seemed to be that the Circuit Court took the case seriously and wanted Sullivan to personally answer for and be accountable for his actions.

2) With my understanding of 'lawfare' tactics and the powerful vested interests behind the scenes aiming to damage General Flynn in any way possible and extend the case as long as possible, I came to the conclusion that Sullivan and his allies 'may' have influenced the response to provide themselves two primary benefits that outweighed the negative optics previously discussed.

a) Sullivan, by being personally ordered to respond would be eligible to be represented by Counsel. He did hire a powerful lawyer from a well connected law firm to do so.

b) In the event the Writ of Mandamus was granted by the three Judge panel (which it was), he would be able to make a case to appeal personally as a last resort, if none of the Judges of the Court requested a review en banc (which none did). This would achieve a goal of extending the Flynn prosecution a long as possible.

Whether Sullivan has a right to appeal will be the first decision reviewed by the Circuit Court. Generally a Judge is not granted appeal rights, however by him being personally named to respond to the Writ by the Court, and him gaining private Counsel to do so, he will maintain the position that he is a affected party with appeal rights.:

There seems to be strong precedent to counter this position by Sullivan.

So from a legal standpoint it appears appeal will not be granted.

However Powell/Flynn rightfully ask for a Judicial Judgement in addition to denying the Appeal:

Court should deny rehearing and issue mandamus to dismiss with prejudice instanter

Sullivan should retire in shame as a result of his actions in presiding over the Flynn case, however as AG Barr recently opined during a interview it depends who wins the war, as history is written by the prevailing party and the Flynn case is ultimately a key battle in a larger war.

Sullivan will be most damaged, and Flynn will gain the best and most proper Justice by the Court ruling to force Sullivan to immediately dismiss the case with prejudice. This scenario will basically ensure that Flynn cannot be retried for this hoax, and if not ordered Sullivan likely will not dismiss with prejudice and will subject Flynn to being retried. I do believe Potus will issue a pardon or executive action if the case is dimissed without prejudice, to prevent this from happening again.

Sullivan will extend dismissal as long as possible, and do what his allies require of him. Nonetheless he will be a martyr and a victim in the eyes of the Liberals and may land a high paying job on the Fake News as a Legal Analyst.

https://www.scribd.com/document/469783666/Flynn-Opposition-to-Rehearing-en-Banc