Flynn application for writ of mandamus against Judge Sullivan

RELIEF SOUGHT

Petitioner respectfully requests that this Court order the district court immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings.

https://sidneypowell.com/wp-content/uploads/2020/05/Petition-filed.pdf

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36 thoughts on “Flynn application for writ of mandamus against Judge Sullivan”

  1. Judge Gleeson found a loophole:

    Judge Gleeson states the following:

    1. His Reply Memorandum to the filings by DOJ and Gen. Flynn to his Opposition to DOJ’s motion to dismiss is due today, and it is prepared and ready to be filed.
    2. Decisions from a federal appeals court become effective 21 days after they are issued, unless the appeals court takes explicit steps to indicate otherwise, such as stating “This Order shall be effective immediately”.
    3. The Decision from the Circuit Court granting the Petition of Judge Flynn does not state that it is effective immediately.
    4. The Order appointing Judge Gleeson as amicus and setting the briefing schedule for filing of papers remains in force as a result.

    https://www.redstate.com/shipwreckedcrew/2020/06/24/judge-gleesons-bs-move-after-appeals-court-vacates-his-appointment-as-amicus/

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  2. MJBubba:
    Michael Flynn broke his silence today to call in to the Rush Limbaugh Show to thank Rush for covering the story and giving moral support.

     

    FLYNN:  Well, I want to just tell you, first of all, you got a lot of prayers coming from the Flynn family for you and all the things that you’re going through, so just know that. And I just want to say from the bottom of our hearts, you know, you’ve been right from the beginning. And we can’t thank you and your listeners enough for all the support that they have given us through this fight. And, you know, obviously, the fight’s not over, as you’ve been highlighting for not just today, but for a long time.

    LIMBAUGH: Right.

    FLYNN:  And the decision today is really, it’s a good thing for General Flynn, it’s a good thing for me, it’s a good thing for my family, but it’s really a great boost of confidence for the American people and our justice system, because that’s what this really comes down to, is whether or not our justice system is going to have the confidence of the American people. And, boy, your listeners know this.

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  3. ctlaw:
    Sullivan en banc rehearing petition:

    https://drive.google.com/file/d/11tvJVbAvWa9CrHvZatm9UfEK8kA9qC-J/view

    Flynn opposition:

    https://static1.squarespace.com/static/5e80e0d236405d1c7b8eaec9/t/5f15abf45761fe220b903415/1595255799883/July+20%2C+2020+-+Flynn%E2%80%99s+Opposition+to+Rehearing+En+Banc.pdf

    Gov’t opposition:

    https://static1.squarespace.com/static/5e80e0d236405d1c7b8eaec9/t/5f161992d63894707950126b/1595283859647/July+20%2C+2020+-+The+Government%27s+Opposition+to+the+Petition+for+Rehearing.pdf

    The government asserts Sullivan lacks standing to even request rehearing, as he lacked standing to answer the mandamus absent the circuit court requesting or ordering him to (which it did in this case).

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  4. ctlaw:
    The government asserts Sullivan lacks standing to even request rehearing, as he lacked standing to answer the mandamus absent the circuit court requesting or ordering him to (which it did in this case).

    I thought the DOJ argument was solid.  Judges are not supposed to be parties to a prosecution.

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