task0778
Diamond Member
The D.C. Circuit Court of Appeals vacated the earlier decision in a brief order issued on Thursday, setting up a new round of arguments over the DOJ's controversial move to withdraw its case against Flynn.
In a 2-1 ruling last month, a three-judge panel on the circuit court ordered District Court Judge Emmet Sullivan to grant the DOJ's motion and suspend any further arguments on the move. Two Republican-appointed judges held the majority in the decision over a single Democrat-appointed judge's dissent.
By now everybody knows the history, right? So, the full DC CoA will keep this case alive, my guess is so if Biden is elected then his new DOJ will nail Flynn to the wall. I think they're trying to force Trump to pardon Flynn, hoping that will damage his re-election chances. No stone unturned for these guys, right or wrong and scrupulous or not.
I mean, I don't get it, the Judicial branch has no business questioning the Executive branch decisions to prosecute or not, it's called prosecutorial discretion. No judge gets to second guess that, the Constitution leaves that authority solely with the Executive.
In a 2-1 ruling last month, a three-judge panel on the circuit court ordered District Court Judge Emmet Sullivan to grant the DOJ's motion and suspend any further arguments on the move. Two Republican-appointed judges held the majority in the decision over a single Democrat-appointed judge's dissent.
Appeals court will rehear case over Flynn charges
A federal appeals court will revisit an earlier decision ordering a district court judge to allow the Department of Justice (DOJ) to withdraw its criminal charges against former national security adviser Michael Flynn.
thehill.com
By now everybody knows the history, right? So, the full DC CoA will keep this case alive, my guess is so if Biden is elected then his new DOJ will nail Flynn to the wall. I think they're trying to force Trump to pardon Flynn, hoping that will damage his re-election chances. No stone unturned for these guys, right or wrong and scrupulous or not.
I mean, I don't get it, the Judicial branch has no business questioning the Executive branch decisions to prosecute or not, it's called prosecutorial discretion. No judge gets to second guess that, the Constitution leaves that authority solely with the Executive.
Last edited: