Appeals Court Grants Judge Sullivan Request for Rehearing in Flynn Mandamus Case, Vacates Order Dismissing Charges
Sidney Powell, attorney for Michael Flynn, announced the D.C. Court of Appeals has accepted the request by Judge Emmet Sullivan for an en banc rehearing of a 2-1 mandamus order by a three judge panel of the court last month to dismiss the federal case against Flynn arising out of the corrupt Mueller probe on the unfounded Trump-Russia collusion hoax. The mandamus order was vacated by the Appeals Court.
Oral arguments before the entire 11 judges on Court of Appeals are scheduled for August 11.
Powell posted the order by the court:
#BREAKING: The DC Cir just granted rehearing en banc of the mandamus in the #Flynn case. Oral arguments are 9:30 a.m. August 11. WOW!@realDonaldTrump@GenFlynn @BarbaraRedgate @JosephJFlynn1 @GoJackFlynn @JennaEllisEsq @lofly727 pic.twitter.com/2aBhzOuBT6
— Sidney Powell (@SidneyPowell1) July 30, 2020
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT
BEFORE:Srinivasan, Chief Judge, and Henderson, Rogers, Tatel, Garland,Griffith, Millett, Pillard, Wilkins, Katsas*, and Rao, Circuit Judges US Court of Appeals Columbia District
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 9:30a.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.
* Circuit Judge Katsas did not participate in this matter.
Link to now vacated Mandamus Order from June 24.
Of course, the leftist media cheered this continued harassment and abuse of General Michael Flynn.
MSN reported on today’s developments but forgot to mention that Flynn was set up, his documents were criminally tampered with and that the DOJ has yet to release the original 302 document following his 2017 interview.
The panel agreed, arguing that Sullivan did not have the authority to extend the prosecution if the DOJ wanted to pull out.
“In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power,” Judge Neomi Rao, who was appointed to the D.C. Circuit by President Trump, wrote in the majority opinion last month.
“If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice.”
So now today in America we have leftist judges who can extend the persecution of innocent men if charges are dropped against those men.
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