Judge Sullivan Petitions Full D.C. Appeals Court In Flynn Case

More good news for the rule of law today.  Sic 'em, Judge Sullivan!

The legal saga of President Trump’s former national security adviser Michael Flynn continued Thursday when a judge asked the appeals court in Washington to revive his effort to scrutinize the Justice Department’s move to drop Flynn’s case.

The full U.S. Court of Appeals for the D.C. Circuit will now decide whether to take a second look at U.S. District Judge Emmet G. Sullivan’s plan to examine whether the government’s move to undo Flynn’s plea of guilty is in the public interest.

Sullivan’s request for rehearing comes after a divided three-judge panel on June 24 ordered him to put an end to the case and said Sullivan was wrong to appoint a retired federal judge to argue against the government’s position.

In response, Sullivan’s attorneys told the court that while the panel majority’s opinion is couched as a fact-bound ruling, it marks a “dramatic break from precedent” that “threatens to turn ordinary judicial process upside down.”

Sic 'em, Judge Sullivan!  Sullivan's petition can be read here.

On June 24, Trump- appointed judge Neomi Rao wrote the outrageous order (joined by another Republican judge) directing Sullivan to drop charges against Michael Flynn, even though he had plead guilty twice.  Corrupt consigliere William "Low" Barr had earlier directed his prosecutors to move to drop the case (to please the orange shitgibbon), triggering the move by Sullivan to investigate why the government had changed its position.

A few pro comments --

BREAKING: Judge Sullivan is seeking en banc review of the terrible DC Cir. decision that he can’t look into the bogus DOJ dismissal of the Flynn case.

Of course he can. I predict he will get en banc review & they will reverse.

As they should.

PS Big rule of law day today! pic.twitter.com/m6V3Vxs2o7

— Norm Eisen (@NormEisen) July 9, 2020

Strong move by Judge Sullivan asking the Court of Appeals to re-hear the Michael Flynn case “en banc.” This is a fight worth carrying out to the end.

— Elie Honig (@eliehonig) July 9, 2020