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Anonymous ID: 5ce51e July 22, 2020, 11:43 a.m. No.10046337   🗄️.is 🔗kun   >>6345

DOJ responds to Sullivan

DOJ: Flynn’s Judge in Catch-22 Situation–Either Disqualified or Not Entitled to Rehearing

 

https://www.theepochtimes.com/doj-flynns-judge-in-catch-22-situation-either-disqualified-or-not-entitled-to-rehearing_3434184.html

 

It's under a paywall….Anyone have a Epoch account?

Anonymous ID: 5ce51e July 22, 2020, 11:54 a.m. No.10046432   🗄️.is 🔗kun   >>6463 >>6544 >>6637 >>6732 >>6851

>>10046345

According to the Department of Justice (DOJ), it’s a no-win situation for District Judge Emmet Sullivan, who’s seeking a rehearing of an appeals court decision that ordered him to accept the dismissal of the DOJ’s case against former Trump adviser Lt. Gen. Michael Flynn.

 

Sullivan, through his lawyer Beth Wilkinson, argued that a three-judge panel of the District of Columbia appeals court erred in its order. He’s asking for a rehearing by the full court (en banc).

 

But only people with a “personal stake” in the proceedings can seek appellate review, the DOJ said in a July 20 response to Sullivan’s petition.

 

“A judge does not have—and under the [Constitution’s] Due Process Clause, cannot have—such a stake,” the department said.

 

Flynn’s lawyers highlighted the same issue, noting that if Sullivan indeed has a personal stake in the case, it would disqualify him as its judge.

 

“It is unsurprising that the district judge fails to cite a single instance in which a court of appeals has granted rehearing at a district judge’s behest,” the DOJ said.

 

“In fact, we are aware of only one case in which a district judge has even asked for rehearing en banc—a request the court of appeals denied.”

 

The DOJ response was signed by a lineup of heavy-hitters, including the Acting Solicitor General Jeffrey Wall, who’s responsible for arguing cases on the government’s behalf before the Supreme Court, as well as his deputy Eric Feigin, his counselor Hashim Mooppan, and five other DOJ attorneys.

 

Flynn, former head of the Defense Intelligence Agency during the Obama administration and former national security adviser to President Donald Trump, pleaded guilty in 2017 to lying to the FBI.

 

In January, he moved to withdraw his plea. In May, the DOJ moved to dismiss the case after a review uncovered documents suggesting the FBI questioned Flynn solely to elicit false statements from him.

 

Sullivan didn’t grant the DOJ motion. Instead, he suggested he would allow third parties to weigh in on the dismissal. He also denied Flynn’s motion that argued against third-party arguments in the case.

 

Flynn responded by asking the appeals court for an extraordinary intervention.

 

Sullivan doubled down and appointed former federal Judge John Gleeson as an amicus curiae (friend of court), tasking him with developing arguments against the case dismissal. The pick of Gleeson was a signal of its own, since just days before the appointment, Gleeson co-authored an op-ed arguing for Sullivan’s launching a “full, adversarial inquiry” into the dismissal motion and possibly denying it and sentencing Flynn.

 

On June 24, the appeals court granted Flynn’s writ of mandamus petition and ordered Sullivan to accept the dismissal.

 

Sullivan hasn’t complied, taking advantage of the fact the appeals court orders take three weeks to take effect. Instead, he asked for a rehearing. His lawyer has argued that the situation is not sufficiently extraordinary to require the mandamus because Sull

MORE

https://www.joshwho.net/doj-flynns-judge-in-catch-22-situation-either-disqualified-or-not-entitled-to-rehearing/

Anonymous ID: 5ce51e July 22, 2020, 12:25 p.m. No.10046740   🗄️.is 🔗kun

Big win for Project Veritas

Project Veritas Turns Table On American Federation Of Teachers, Subpoenas AFT President

Mich. AFT President Admits Lawsuit Was Meant To “In Any Way Possible Stop Project Veritas”

Teachers Union Leaders Boast Effort To “Halt” Veritas Once And For All

[DETROIT– July 22, 2020] The American Federation of Teachers (AFT) National President Randi Weingarten is subpoenaed by Project Veritas (PV) CEO James O’Keefe during his own deposition, according to video footage released today. The video also addresses the judge striking down Weingarten's objection to being video deposed.

“We subpoenaed Randi because, among other reasons, in the discovery process we

learned of links between her organization and Lauren Windsor of Democracy

Partners. As you may remember, Lauren admitted in her deposition against us

that she had conspired with others who were attacking us in court –None of

which have succeeded to date,” said O’Keefe.

 

AFT sought to limit if not block Project Veritas questions after the subpoena was issued and to prohibit the videotaping of her deposition.

 

However, the Magistrate Judge ruled against AFT.

 

First, Weingarten argued she was not involved and thus Project Veritas was attempting to harass her. The court disagreed, stating:

 

“Given these public statements, the Court rejects Weingarten’s allegation that defendants could be motivated to depose her only for the purposes of annoyance, oppression or harassment."

 

"She has asserted her own knowledge of the underlying facts and involvement in this litigation"

 

Second, Weingarten pleaded with the court to prevent Project Veritas from publishing her videotaped deposition. The court refused, holding that:

 

… while PV may seek to publicize the deposition to portray Weingarten in a negative light, “‘[g]ood cause’ is not established merely by the prospect of negative publicity.’

 

The court drove home the importance of Weingarten’s deposition in denying her request to limit the deposition, stating:

 

…As the President of AFT National, Weingarten is an elected leader.

 

…this litigation is of strong public interest and has already been the subject of significant media attention. Thus, the presumption of openness applies.

 

…On this record, the Court denies her (Weingarten) request to preclude the defendants from videotaping her deposition.”

 

The ongoing legal battle between the organizations has been fueled by the teacher’s union and affirmed by multiple public statements from key leadership including Weingarten in a March 2019 press release stating:

 

“We went to court to pierce Project Veritas’ veil and to halt, once and for all, its dirty tricks.”

https://www.projectveritas.com/news/mich-based-federal-judge-orders-teachers-union-boss-randi-weingarten-video/

https://twitter.com/Project_Veritas/status/1285990242982535170?s=20

https://twitter.com/JamesOKeefeIII/status/1285957628129153035?s=20