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MelissaB

(16,420 posts)
Fri Jul 10, 2020, 12:19 PM Jul 2020

Flynn news: DC Circuit US Court of Appeals has stayed decision to dismiss Flynn criminal case

NEWS: The DC Circuit US Court of Appeals has stayed its decision ordering Judge Emmet Sullivan to end former Trump national security adviser Michael Flynn's criminal case while the entire en banc panel of appellate judges considers the issues.


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Flynn news: DC Circuit US Court of Appeals has stayed decision to dismiss Flynn criminal case (Original Post) MelissaB Jul 2020 OP
Not a granting of review, yet. Nevilledog Jul 2020 #1
What are those? nt Guy Whitey Corngood Jul 2020 #3
An en banc review? Nevilledog Jul 2020 #5
Ah, gotcha. As you can probably tell. I have Guy Whitey Corngood Jul 2020 #7
I got ya covered. Nevilledog Jul 2020 #9
Thanks for being our eyes and ears on the legal stuff - much appreciated. nt iluvtennis Jul 2020 #11
Welcome Nevilledog Jul 2020 #12
can you tell me how they picked the original 3 - with two cons? certainot Jul 2020 #13
Allegedly random Nevilledog Jul 2020 #15
thx. random is possible certainot Jul 2020 #26
I, too, am grateful... kag Jul 2020 #14
... Nevilledog Jul 2020 #16
*hugs* CatWoman Jul 2020 #19
How did you know I needed that? Nevilledog Jul 2020 #20
+100 - It's so helpful! Thanks to all the legal eagles! CaptainTruth Jul 2020 #27
Great! Thx for weighing in!! Thekaspervote Jul 2020 #21
Appreciate it! If you ever have any architecture or construction questions. I'm your man. nt Guy Whitey Corngood Jul 2020 #24
Ahhhh. Always wanted to be an architect. Nevilledog Jul 2020 #25
Ha! You could always blame it on the Guy Whitey Corngood Jul 2020 #33
Everyone knows they're shady AF. Nevilledog Jul 2020 #34
Thank goddess. onecaliberal Jul 2020 #2
JUST IN: DC Circuit orders Flynn to reply by 7/20 to Judge Sullivan's en banc motion aimed at ... mahatmakanejeeves Jul 2020 #4
I think that tweet in incorrect. Nevilledog Jul 2020 #6
Yeah Gothmog Jul 2020 #8
Judge Sullivan Expressed That Mandamus Is Improperly Used In This Incident DallasNE Jul 2020 #17
Here's a link to Sullivan's motion for rehearing en banc Nevilledog Jul 2020 #28
"This is not good news for Flynn -- nor Barr" - that's awesome news! nt iluvtennis Jul 2020 #29
I kind of like the courts admonition to both parties to limit their responses.... EarnestPutz Jul 2020 #10
We lawyers need word or page limits. TomSlick Jul 2020 #30
That's true enough. The other thing is time limits. That appelate court this is... EarnestPutz Jul 2020 #31
There are always deadlines. TomSlick Jul 2020 #32
More legal Bill's for Flynn to pay PNW-Dem Jul 2020 #18
That's what republican donors are for. Merlot Jul 2020 #22
Good, this traitor cannot be let off the hook budkin Jul 2020 #23

Nevilledog

(51,122 posts)
5. An en banc review?
Fri Jul 10, 2020, 12:28 PM
Jul 2020

Where all the judges on the court hear the motion. More liberals than conservatives on this circuit.

Nevilledog

(51,122 posts)
15. Allegedly random
Fri Jul 10, 2020, 02:48 PM
Jul 2020

Appeals normally are decided by randomly assigned three-judge panels. The creation and scheduling of panels, and the assignment of specific cases to those panels, is handled by either the clerk of court's office or the circuit executive's office.

https://www.uscourts.gov/statistics-reports/appellate-courts-and-cases-journalists-guide

Nevilledog

(51,122 posts)
25. Ahhhh. Always wanted to be an architect.
Fri Jul 10, 2020, 03:45 PM
Jul 2020

Had notebooks full of "buildings that would be awesome". Didn't like the math aspect. So my buildings would have looked great, right before they collapsed.

mahatmakanejeeves

(57,503 posts)
4. JUST IN: DC Circuit orders Flynn to reply by 7/20 to Judge Sullivan's en banc motion aimed at ...
Fri Jul 10, 2020, 12:26 PM
Jul 2020
1/100thTimeHat Retweeted

JUST IN: DC Circuit orders Flynn to reply by 7/20 to Judge Sullivan's en banc motion aimed at reclaiming authority to have a hearing on the government's motion to dismiss Flynn's false-statement prosecution. Panel order on hold for now. Earlier: https://politi.co/3iR9j32


Nevilledog

(51,122 posts)
6. I think that tweet in incorrect.
Fri Jul 10, 2020, 12:30 PM
Jul 2020

Flynn is being given the opportunity to argue that there should not be an en banc review. It's not a hearing on the merits.

DallasNE

(7,403 posts)
17. Judge Sullivan Expressed That Mandamus Is Improperly Used In This Incident
Fri Jul 10, 2020, 02:50 PM
Jul 2020

And I expect he will prevail on this point. That means that Flynn's appeal will be rejected based on improper filing. I would expect that to green light Sullivan holding a hearing on why the case should be dropped. This is not good news for Flynn -- nor Barr.

EarnestPutz

(2,120 posts)
10. I kind of like the courts admonition to both parties to limit their responses....
Fri Jul 10, 2020, 02:11 PM
Jul 2020

....to 3900 words. I'll be flip about this and say our government needs more such limitations, if not our lives in general. I am curious though as to where the 3900 number came from and how this translates into pages,

TomSlick

(11,100 posts)
30. We lawyers need word or page limits.
Fri Jul 10, 2020, 09:19 PM
Jul 2020

Only a lawyer could draft a thirty page document and call it a "brief."

EarnestPutz

(2,120 posts)
31. That's true enough. The other thing is time limits. That appelate court this is...
Sat Jul 11, 2020, 04:52 PM
Jul 2020

...considering the dismissal of charges against Flynn has given the DOJ and the trial judge short time frames to respond.

TomSlick

(11,100 posts)
32. There are always deadlines.
Sat Jul 11, 2020, 06:08 PM
Jul 2020

In routine matters, the deadlines are set by court rules. The court can always set shorter or longer deadlines.

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