Flynn Dismissal Goes to Full Appeals Court for Another Battle

Gage Skidmore from Peoria, AZ, United States of America via Wikimedia Commons

The contested dismissal of the Michael Flynn case faces another hurdle as it will now go before the full DC Appeals Court.

According to Fox News:

The dispute over the Department of Justice’s move to dismiss criminal charges against former Trump national security adviser Michael Flynn will get a rehearing by the entire District of Columbia Circuit Court of Appeals, the latest twist in the long-running legal drama that stemmed from the FBI’s investigation into possible collusion between the Trump campaign and Russia in 2016.

The order was issued Thursday by the court. Called an “en banc” hearing, all 11 judges on the appeals court will sit in on a rehash of arguments that were made before a three-judge panel in June, which led to a 2-1 ruling in favor of Flynn. The former Trump aide had requested the appeals court to order the judge in the case to approve of a Department of Justice (DOJ) motion to dismiss charges against him.

D.C. District Court Judge Emmet Sullivan, however, did not immediately grant the unusual request motion by the DOJ to drop the charges of lying to investigators after Flynn pleaded guilty. Flynn had sought to withdraw the guilty plea. Sullivan made his own unusual move of his own to appoint an “amicus curie” — Latin for “friend of the court” — to argue against the position taken by Flynn and the DOJ.

The three-judge panel eventually ordered Sullivan to dismiss the charges, citing broad “prosecutorial power” held by the executive branch. But Sullivan requested a rehearing, which on Thursday was granted. The hearing is slated for Tuesday, Aug 11 at 9:30 a.m.

Flynn’s legal team opposed a rehearing and even issued a fiery brief.

One portion stated: “Judge Sullivan’s stubborn disagreement with the Government’s decision to dismiss the case does not confer the right to contest it himself or through his amicus… His actions smack of vindictive animus against General Flynn and judicial overreach that have no place in America’s justice system. No precedent even suggests a ‘hearing’ on a substantial government motion to dismiss. Not one.”



  1. OMG, is there no end to thi Railroad our General who kept us all safe. These Bastard socialists control judges too, especially John Roberts who waas supposed to be impartial. How much does it cost to subvert a judge? Do we all have to move to Panama to escape cruel and unusual punishment?

    1. You simply have to know something incriminating about them, like they were guests on Epstein’s island (as was Roberts).

      1. Like you handle. Makes me laugh. And this train ride for Flynn must end. I am amazed how far the dim wits force things yet our elected GOP has little ammunition to fire back. I believe the pussy rinos are the problem and there are too many.

    2. I wouldn’t choose Panama but rather a former Soviet Bloc country where the population knows what it’s like to live under an oppressive government and want nothing to do with creating another.

  2. Everyone else in America can be sued for malfeasance….. how long can we keep allowing judges to not be held accountable like everyone else is?????????
    AND LET’S INCLUDE PAROLE BOARD MEMBERS TOO!!!!
    LONG, LONG, LONG OVERDUE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. D.C. District Court Judge Emmet Sullivan is a disgusting individual. He suffers from DDC – “Delusion-Dishonesty and Corruption. May he rot in hell.

  4. Pretty clear that Sullivan is working with the Demoncrats trying to keep this case from being resolved before the election for fear that once over Flynn might just bring down the entire crew of crooked FBI, CIA, etc, agencies. Sullivan needs to be removed from the bench as a ideologue disgrace, without an once of judicial integrity or courage…….Check his bank accounts for Soros money, it is there somewhere. A real sad POS!

      1. Soros is buying judges and politicians for the last 40 yrs. and admitted doing so. Paying rotten gangs to act as protesters.
        call in all bank records of all politicians and judges and justices.

    1. Following the money would probably reveal the answer. The investigation time frame is way too long to accomplish anything by 11/20. Maybe by 11/21. No doubt that Sullivan needs to be removed, but if the Democrats continue to hold the House that’s DOA. Vote only for Republicans and give Trump the Congress so he will be able to MAGA.

  5. Flynn knows where the skeletons are buried and the left wants to make an example out of real patriots…

  6. Judge Sullivan is living proof that honesty and fairness are traits he does not possess. It is a huge miscarriage of justice and his name must be changed to: “Judge Railroad Him Sullivan”. General Flynn is an honorable man who was prosecuted by angry Democrats who were furious that “Crooked Hillary” lost in 2016. Hopefully Americans will understand the devious and crooked people involved in this scandal and we can also hope those involved, including Judge Railroad, will be prosecuted to the full extent of the law.

  7. Trump will win in November without question now and Judge Sullivan would be doing himself a favor by trying out for C-movies.

    1. TTN keeps changing their format. I liked the Disqus one best, although today’s is an improvement over the last one.

  8. “Judge” Sullivan is a Liberal Activist shill hiding under his robe. Wonder what else he does under his robe.
    Likely what he’s doing to Flynn, jerking around.

    1. I think the shill was paid off to keep General Flynn away from exposing the Criminals within our Government !

  9. Sullivan should be removed from the bench and stripped of his law license…he is clearly using the bench for his own political agenda…he is a disgrace to the entire judicial system and to our country itself!

  10. Obama and Holder are still pulling the strings on Sullivan. He should be impeached for dereliction of duty and failure to uphold the law. He is a corrupt racist.

  11. The Judges Holding This Up Should Be Disbarred, They’re Doing This For Political Reasons, Look At Lies Schiff, Pelosi, Nadler And All The Other Dems, He Was Forced To Lie And Everyone Knows It. Shameful. What he’s Going Through!

    1. I agree that is a shame. It makes me want scream, “No Justice, No Peace.” I’m not there yet, but this is unjust. Period.

  12. Sullivan has shown he has no respect for the rule of law if it does not go his way, similar to the socialist democrats who lie under oath to get their desired result. I have no doubt Flynn will be found not guilty, if so will Sullivan be de-frocked since he has become an accuser not a judge? Either way this is not about Flynn, this is about undermining the Presidency of the USA by Marxist controlled Hysterical democrats who know their fate is sealed as traitors if trump wins.

  13. They are still trying to screw the General who spent his life defending this country. Went broke trying to defend himself so he said he did it when they threatened his family. Crap.

  14. Judge Sullivan should be thrown out of the court and never allowed to practice law in any manner shape or form forever. He is totally disgusting and a tool of the treacherous DemoRATS.

  15. JUSTICE as defined here is NOT being served by this “would be dictator”… justice. n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges and legislatures often get caught up more in procedure than in achieving justice for all.

  16. General Flynn was railroaded and set up by a bunch of CRIMINALS within our own government ! HE IS INNOCENT ! The Criminals should all go to PRISON for LIFE !

  17. Someone needs to start taking these people out. This is becoming a war. These high handed liberals and Democrats will need to be the first casualties of war.

    1. I hope it does not come to that.
      Civil war may have already started?
      I pray that Trump gets a majority of MAGA supporters elected
      before this country becomes worst off than Venezuela.

  18. As usual, the hateful Democrat socialists terrorize an American citizen because they can’t hurt President trump. Typical playground tactics, bully the person who can’t defend against you. Can’t wait until Biden/Whoever take over and we can all live in that fear.
    We need to officially declare the Democrat Party the domestic Terrorists they are and save America now.

    1. Many years ago, the Democrat Party deserved to be prosecuted as a criminal conspiracy under RICO. The passing years have only added more truth and added more evidence.

  19. Now in any dismissal of charges once it has been ruled on, and Flynn pleaded guilty, then you have to submit a written by the book factual sound reason for dismissal, none of that was done. this case was out of the DOJs hands when they stepped in, they had already turned it over tot he court so it was entirely up to the Judge and he said the reasoning was not sound enough for a person who had not once but twice pleased guilty and given every chance to with draw the plea at the time, not once but twice, now under the same circumstances with the same evidence do you think any DA would dismiss your case. This was political favoritism in every sense of the word, just trying to totally discredit the Mueller investigation, but that will not change what the majority of the population think, and that Trump did what he was accused of but Mueller could not prove it because of persons refusing to testify and destroyed evidence, this in not over by a long shot.

    1. Robert spins a web of deception. Pick and choose from the corrupt attack against an honest person.
      So if they threaten your family with prison you wouldnt roll because your a man of men. Lol.

    2. I don’t know where you have been. The DOJ did not have to produce anything, but they provided an in-depth discussion of all of the factual evidence and the refuting information that they had found which indicated that the charges should not have occurred in the first place. All of that was reported in several accounts in places where real facts are reported. The first thing was that the FBI changed the information on their 302 forms which had stated that Flynn wasn’t lying. Based on other additional information regarding how they snookered Flynn into the situation where he was supposedly lying was also illegal, the DOJ had no other way out once the information became known to the lawyers for the defense. It also appears that Flynn’s original lawyers might have been colluding with the other side as well to protect their own business accounts. The fact that Flynn pleaded guilty is easily explained by the improper use of coercive techniques they are known for using which have caused their ‘work’ to be overturned in the past. They promised him that if he continued to say no, his son’s business would be investigated and they would destroy him – they meant it. They have proven how totally they can destroy someone by how much it costs to fight them. So Flynn said he would plead guilty to this offense.
      After Judge Sullivan was receiving the guilty plea, he read the riot-act to Flynn calling him a traitor and all kinds of things which were based on false information that he had received. What he was referring to was Flynn’s business which had long before been dissolved so that he was not acting as an agent when the ‘offense’ occurred. Of course, Sullivan’s admission of his incorrect abuse of the General, and his apology for it was not very widely reported because it was not sufficiently anti-Trump as his wrongful castigation was and therefore was widely reported by the propaganda arm of the Democrap party, MSM.

      However, the unfairness of the treatment of Flynn is a blight on the FBI and the Democraps, but nothing like what they did to Roger Stone. He was destroyed totally. His property taken away from him and he was forced to silently endure the on-going displays of improper judicial abuse by the judge in his case. The judge put a gag order on him, she made it impossible for the defense team to put on a defense through the use of her rulings. She allowed a jury to be filled with only Democrats with one of the Democrats being an activist for the party and an outspoken critic of President Trump. This activist wrote on social media about how they were going to get Stone. How could this have been missed by the judge? Or by Stone’s attorney? But it was. If you wanted to find a kangaroo court in the USA, this one was it! Stone did not stand a chance. Charges which are routinely ignored when done by Democrats became illegal for Stone. An email similar to many others that he wrote to his friend were used to prove that he had ‘threatened’ his friend. Most of the charges against him were frivolous at best and should have been thrown out immediately – but they were not. Why? Because this is a way that the Democraps could get back at President Trump. Everything that happened occurred because of this political hatred and it is a sad day when the judges are party to it. And that is what we have seen with the handling of both of these cases.

      There were reports of several other people who were financially destroyed by the Democrap witch-hunt. All of this while the exact things that these people were charged with has been documented against several Democraps to date and not one of them has been charged with what we have seen and heard them do. The laws they have broken are enormous and mimic what they charged the President and his people with doing. Yet not one of them has suffered more than being fired. The whole thing was orchestrated by a group of people who did not like it that the President was elected. Even before he took office, they were looking for ways to impeach him.

      By false and misleading information provided to them by the Democrap party and Hillary’s campaign, they managed to spy on the President for two years or more even after they were discovered. These same people who were in on an attempt to defraud the government through UraniumOne and other things we don’t know about, set forth to protect themselves by arranging to get an AG who would recuse himself upon taking office and turn the operation over to one of the members of this cabal who were trying to cover their butts. Their business caused the death of LaVoy Finicum and probably when the truth is known the death of the real leaker to wikileaks, Seth Rich. But the dirty story of the treatment and murder of an honest man, LaVoy Finicum, really takes the cake. It has been pretty much whitewashed, but Finicum was murdered because he found the method by which the ranchers could keep UraniumOne from taking their rights away. The FBI, the Oregon State Patrol and the local crooked county sheriff knew why Finicum was doing what he was doing so they arranged to find an excuse to bring charges against him and pick him up (kill him) before he could do so. They did it by setting up an illegal road block in a way that would force Finicum to run the roadblock and they would shoot him to death.

      However, when Finicum saw the roadblock he did not ‘run’ it but went into the snow field along side it. Then he got out of his car where his wife and two others remained so that he could draw the fire of the murderers. The problem was that the FBI had set up a camera to record the event and it caught too much. An FBI man sneaked around one of the vehicles and could be seen on the recording shooting at Finicum. The autopsy showed that Finicum had been hit by two rubber bullets and the audio recording made by his wife plus the FBI audio on the video was clear that two shots were fired by the FBI agent. The first one caused Finicum to stop momentarily and pull his arms part way down, but he was able to raise them again. The second shot rang out and Finicum took a hit so hard that he dropped his arms almost to his shoulders as is seen on the video. Then he was mowed down in a hail of bullets. LaVoy Finicum’s murders did not stop after he was down, but continued by directing their fire at the vehicle for two or three minutes before calling for the people in the car to throw out their weapons, which of course, they knew they didn’t have. The people immediately complied by opening the door and begging then to stop shooting at them. Since they would have no excuse now to murder these three, they had to stop. All of this was recorded by the FBI and the wife of LaVoy Finicum, but I’ll bet that nothing further happened to any of the survivors. It has been reported that one of the FBI agents was charged with some kind of offense, but no murder charges.

      This kind of illegal activity on the part of Democrats shows their contempt for laws and their willingness to use the law for illegal purposes when ever they can. For example, the FBI protected Hillary from any kind of legal action for her illegal use of a private server for government business. The reason for the server was to make government information available to people who paid her through the Clinton Foundation, which was a notorious slush fund for all of her activities and those of her husband. As President she would have become wealthy beyond description. She then covered it up by attempting to destroy evidence which has taken three years to pull out of them. But there they are – email with the confidential mark on them and many more that should have been marked confidential As a result of illegal acts of the FBI, Hillary and her support group were given immunity from prosecution before she was even interviewed. The FBI Director acted for the DOJ and reported that she would never be prosecuted although he listed a great number of illegal acts that she had committed – she was exonerated before she was even brought in for questioning. The list goes on. The email stolen from the Podesta lead to a number of facts. One was that Podesta did not have the piece of paper stating that he was an agent for another country, nor did his brother, Tony. They were never charged. Hillary and her campaign have been shown to have actively attempted to arrange for Ukranian assistance to find stuff on Trump. They actively attempted to get Trump people to do wrong things on many occasions as the evidence shows. However, Paul Manafort was the only one convicted, but his illegal acts happened prior to the time he worked for Trump and had nothing what ever to do with Trump. However, that fact is kind of allowed to slide in fact all of the supposed illegal goings-on by Trump could not be proved, while actual proof of similar dirty dealings by Democraps was washed into the waste basket.

      The ability to prevent such political activity against the President was provided in the laws to protect the President from being harassed by the opposition. It has always included executive privilege and each President has invoked it one time or another. President Obama expanded the cloak to include the AG when the Republicans tried to get him to talk about what happened with Fast and Furious, one of the early scandals of the Obama administration where the guns that they provided came back on them and one of the guns was used in the murder of a Border Patrol officer. And again when they were caught lying in the Benghazi scandal and for the investigation of the Iran payoff and several other scandals which they seemed to feel were standard procedure. Like when the IRS attacked the Tea Party and would not give them C3 status, for example. Lois Lerner was retired with full benefits when anyone else would have been put in jail ala, Stone.

      You see your blindness to these things is commendable – only a Democrap could look at these activities and see goodness. Such as Biden bragging about how he got the foreign country to stop looking into their illegal deals, but Trump was quid pro quo because it appeared that he was asking them something more than just encouraging them to fulfill what the two by treaty had agreed to do.

      And this is only a small portion of the illegal and immoral things that the Democraps are doing and getting away with. At the same time they were teaching sedition and changing history in the schools so that the strengths of our country as a nation were diminished in the eyes of the student. They preached freedom of speech on the campuses until they were able to cause diversity of opinion to mean ‘as long as you agree with me and don’t state otherwise’ so freedom of speech is now nonexistent. People can lose their jobs if they refuse to pay homage to what the Democraps say is right – even when they are totally wrong. No one is allowed to say that anymore. And all Democraps are patriots and ok with group think and lock-step with the party line. Hello Venezuela here we come. .

  20. This is an Obama stacked court so don ‘t be surprised at the outcome. This judge, this prosecutor, these DEMOCRATS want Trump to pardon him so they can attack him and threaten another impeachment for headline news until the election.

  21. I just can’t say this enough if we don’t vote and remove all these liberal politicians from office we are doomed The only way we can get some normalcy back is to get rid of the power hungry people who want the government to control our lives

  22. Never ending story with these left wing Democrats. And then they complain why is AG Barr is investigating the people involved in the Mueller report. They can summon anyone as many times as they want when things do not go in their favor. But are ready to pounce on anyone who does it to them. Bias injustice of our legal system in full display, coming from the left. Trump needs to be reelected to be able to drain the swamp.

  23. This stupid ass LIBERAL JUDGE DOESN’T EVEN KNOW THE LAW…Makes it up as he goes..He should be removed from the court and sent back to law school

  24. As I see it, there are 2 possible reasons for this decision.
    First, it could be that the decision was entirely political and is intended to stall a final decision until after January 2021. If that is the case, I suspect that Roberts will get wind of it, and find a way to screw the DC Circuit.
    On the other hand, it could be a way for members of the Court who are friends with Sullivan to try to help him save face for truly botching Flynn’s case. If that is the case, I wonder if Sullivan will cooperate. It appears that he has gone off the deep end and is out of control. I don’t believe that most of the Democrat DC circuit judges are neo-Jacobins, out to destroy the courts like the governors in Oregon and Washington, and the mayors in Portland and Seattle. If I am right, I would want to make absolutely sure that Sullivan does dismiss the case with little or better yet, no show based upon his own reasoning.
    We shall see how much they are willing to risk on this case.
    Oh, by the way, I didn’t mention the law, because it is very clear, and the Democrat circuit judges know it. This is not a close case.

  25. Well we know that the full DC court is I believe 7 Democratic appointed and 3 Republican appointed Judges. Now I guess we will get to see if the court goes by the law or political party.

  26. The problem the democommunists have with General Flynn, is two-fold: he’s an American patriot, and he was military. The left hate the military as much as they hate law enforcement. And they really hate the United States and its system of governance and economy. They loathe the concept of ‘limited federal government’, and property rights, but reserve their greatest hate for religious liberty, firearms freedom, and free speech.

  27. Someone has got to stop Sullivan. His Corruption knows no bounds. If he was Appointed ,He needs to be FIRED and given Mental Evaluation. If he was Elected, He needs to lose the next election.

  28. The deep state raises its nasty head again. Everyday these deep state “snakes” attack and subvert a new institution. . Be it voting laws, the constitution or promoting hate groups that burn and loot. Tearing down every institution that has made us a great nation seems to be the goal. The judge in the Flynn case seems to be the judge and jury .

  29. Lefties want Flynn in jail by hook or by crook. Ultimately, the President will have to pardon him to stop this nonsense.

  30. Every democrat, republican and all other voters should be standing up to these socialist politicians, judges and drug companies – when they come up for a vote – get rid of them – get some balls and vote new candidates who have proven public track records only – there is no law in this country any longer unless you are rich because you cannot afford the lawyer shenanigans and spineless judges ruin a lot of innocent people and those fighting for their rights.

  31. Makes me wonder what the ‘retired’ heads of the DOJ or FBI have on Sullivan. Flynn was set to investigate both as National Security Adviser before Mueller’s attack. Sullivan was always partisan but didn’t seem to be so far over the edge as to damage his reputation, now he’s acting desperate.

    1. More like what does Mike Flynn have on the Deep State. They are going full tilt muzzling him until after the election.

      Flynn KNOWS where the bodies are buried. He must NOT be allowed to speak until the effort to remove President Trump succeeds, for if he exhumes those bodies, the Deep State is doomed.

  32. The Dem coup cabal will NEVER cease its efforts to destroy the Trump Administration. You can rest assured the corrupt Judge Sullivan shopped this appeal to his leftist buddy judges at the full DC Court of Appeals and was assured he would emerge victorious. Just as no prosecutor asks a question of a witness unless he already knows the answer, no judge seeks a hearing unless he knows the outcome in advance.

    Mike Flynn is going to be tried again, and a judge will be his prosecutor! Justice has become a mockery!

  33. Is Sullivan Affirmative Action judge? Does he understand law? It seems as though he is simply being mean to a respected general. It seems so obvious he has an ax to grind with no legal basis.

  34. This has everything to do with a Liberal Socialist Democratic power play and the Obama Administrations corruption. Flynn is just a pawn being used by the Democrats, Roger Stone is another example. They want to force President Trump to Pardon Flynn to use it against him. ENOUGH, This is why the American People must remove the Liberal Socialist Democrats from Congress. MAGA 2020.

  35. Judge Sullivan needs to be removed from the bench. His deliberate attempts to manipulate the court to serve a personal bias or far reaching vendetta against Gen. Flynn not only smacks of over-reach; but of a serious lack of juris prudence. He is using his position either as a form of harassment toward Flynn or as a bribe or favor for a political party or deep state operative.

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