Flynn Case Updates
(anon views of things- have not read lawfags yet, but lawfags generally do not understand war like anons do)
it appears the appeals court, aligned with what we talked about, is posing question of not whether sullivan has a right to appeal (this may be ruled or addressed later) but whether he can be impartial which seems the answer is no because his actions deviate from precedent and all appear to be biased against flynn. all the unusual steps,
1- refusal to rule on dismissal asap
2- appointing a amicus curia to oppose govt motion to dismiss
3- appealing panel decision granting mandamus
4- AND many prior actions, calling flynn a traitor in open court, refusing certain valid motions by powell, allowing exculpatory evidence to be withheld even when powell had addressed, refusing to hold gov accountable for withholding evidence as it was released (by jensen to court), and other evidence as it was declassified and submitted by powell. Most importantly failing to consider new evidence of prosecutorial misconduct, and innocence of flynn in the broader scope of the case.
The appeals court seems to be using the hearing to chastise sullivan and maintain the integrity of the system. The testimony by Yates yesterday adds further evidence of misconduct and makes it pretty clear flynn was set up and wrongly prosecuted and i think the appeals (circuit court) realizes sullivan is in on it. Further many argue about the merits of the original 302 being found/released, at this point i see no bombshells just more evidence of wrongful prosecution, it will now make the court stop in its tracks, but will be significant to add public pressure and pressure from flynns defense team. The panel tried to give him an out (ordering the writ of mandamus), but he is comped and did not take it.
It does not appear that the circuit court is playing along. By requesting the arguments techno_fog alerted us to, they are giving sullivan a last chance it seems to withdraw the appeal (not sure if he can though), or to stand down, humble himself in the hearing. They are letting him know damage has been done, and he may be able to preserve himself if he act accordingly, the circuit also undertands the DS has killed a judge recently so are likely empathetic to sullivan being comped.
One note is the filing i think lists 10 judges to hear case, and there are 11, and should be an odd number to avoid any tie.
At face value looks good, however could be a delay as the first hearing is limited in scope and removing a judge is rare, and the court has alot of liberals i hear. Could be a tactic to appease the Flynn/Conservative side while giving DS their desired delays (which at this point is what they are fighting for).
Alot of way it can go, if they remove sullivan and assign a new judge, it will be dismissed immediately, and hopefully court will order case dismissal with prejudice. They also may delay the appeals hearing for months if they do not remove sulllivan, covering one topic at a time. At this point I expect if they send it back to sullivan they also will issue an order to rule on dismissal immediately, and he could reject (unlikely) and/or dismiss without prejudice.
Hard to say if DS is in control, the wheels of justice for Conservatives moves slow to achieve justice.
The first ruling on Tuesday will determine the future direction of case, and many scenarios favor the DS, and only one really serve justice adequately. If Conservatives and Rule of Law is in control thing will be a good show and Sullivan will be ousted, however even of we control it may draw out further for more drama and interest to develop 'eyes on'.
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