As might be anticipated from its heavily Democratic majority, on Monday, the U.S. Court of Appeals for the District of Columbia rejected Michael Flynn’s mandamus petition to end his case and sent it back down to the District Court. There, U.S. District Judge Emmet Sullivan will have a choice as to whether or not to continue his outrageous misconduct against General Flynn on behalf of Barack Obama. Flynn’s attorney, Sidney Powell, tweeted that the decision was a “blow to the rule of law.”
Two judges dissented, Karen L. Henderson and Neomi Rao. They had previously granted the mandamus petition. Mandamus is an extraordinary writ, granted only on very rare occasions, to compel the performance of a legal duty. In this case, it was the obligation of Judge Sullivan to dismiss the case against Flynn when the Justice Department had dropped the charges.
The Court of Appeals, striving to put “lipstick on the pig” regarding Judge Sullivan’s completely obvious bias, claimed that since Sullivan had not yet ruled on the Justice Department’s motion to dismiss, Flynn was premature in asking for mandamus. He could come back if Sullivan did anything outrageous.
Judge Henderson, in her dissent, argued that Sullivan had demonstrated extraordinary bias ever since he claimed, at Flynn’s sentencing for making false statements to the FBI, that Flynn was guilty of treason. Judge Rao said that Judge Sullivan’s decision to appoint an amicus, former U.S. District Judge John Gleeson, to argue for continued prosecution of the case against Flynn violated the separation of powers.
Gleeson, a full fledged member of RESIST, has published editorials claiming that Attorney General William Barr’s decision to dismiss the Flynn case was a “corrupt” act on behalf of Donald Trump. Sullivan had also asked him to explore whether Flynn could be charged with perjury for withdrawing his guilty plea, an outrageous proposition since guilty pleas are withdrawn all the time without penalty. Barr’s decision to drop the case was based on overwhelming evidence that Flynn was innocent—evidence only disclosed after the conclusion of the totally corrupt Mueller investigation.
