Paging Judge Sullivan
Have you noticed that Judge Sullivan has neither acted nor spoken on the Flynn case since he was ordered to dismiss it? I don’t think the court gave him an explicit time limit for the dismissal, and it’s been nearly two weeks.
However, apparently there is a time limit of 14 days on when Sullivan or another judge could ask the DC Circuit Court to hear the case en banc. The information in that link, however, applies to civil cases of the more ordinary sort and doesn’t mention mandamus cases, so I don’t know if the same rule applies and I don’t know how the 14 days are counted. But it seems as though such a request would have to be made within the next couple of days, if there is indeed a 14-day limit.
Or I suppose Sullivan could petition SCOTUS to hear the case. He’d have more time to do that – I think. I can’t seem to find much discussion of this right now, and these sorts of rules and procedures are not something I know anything about.
Could Sullivan just stonewall it indefinitely? Perhaps. The only information I’ve been able to find about a time frame for how long Sullivan is given to act to dismiss is in this thread, and I don’t know whether it’s correct. Some people there cite three weeks, meaning if Sullivan does nothing, the case is dismissed on July 15.
Anyone have any official information on this?
my take fwiw- the rule governing rehearing petitions (r40) applies to all Circuit “judgments,” i.e. decisions, which include decisions on mandamus petitions. So the judge has 14 days to file a rehearing petition. Under the counting rule, 14 days includes weekends and holidays. So 14 days from the decision date(June 24) is July 8. Sullivan has until July 8 to file a petition for rehearing.
If there is no petition filed in that timeframe, then the “mandate” issues 7 days later (July 15). Sullivan does not have to comply with the order until the issuance of the Circuit’s “mandate.” Further, the case would not be dismissed automatically, Sullivan would have to dismiss it. However, because the decision does not reflect any timeframe, the requirement applies immediately by default. If Sullivan declined to act after receiving the mandate, Flynn could move the DC Circuit to have Sullivan held in contempt of court.
Sullivan has one other option. At any time prior to the mandate (July 15), he can file a motion to stay pending petition for writ of certiorari. Note that he does not have to actually have the cert petition filed when he files the motion to stay – he can file the motion based on an assertion that he is going to file a writ petition. If the stay is granted (not guaranteed), it would give him 90 days from June 24 to file such a petition (90 days is the deadline for filing writ petitions, so if he has not filed a petition in that timeframe, he is time-barred from doing so, and so the Circuit rule provides that the stay would automatically terminate and the mandate would issue. If he does file a petition with the Supreme Court in the 90 day timeframe, the stay would last until the Supreme Court decided the petition.
Most likely, if he does not file a motion for rehearing by Wednesday, he does not intend to seek further review. The mandate will issue on July 15 and Sullivan will dismiss very shortly thereafter.
While we’re at it, have any prof blawgers expressed dismay over the security state’s treatment of Michael Flynn, compounded with the Mueller-van Grack crew’s treatment of him, compounded with Sullivan’s treatment of him? What are these people actually worth?
Given his attitude throughout the entire saga I suspect he will do nothing until he feels he is forced to.
He can’t hear you, he’s listening to zombie Marx.
Vlad-
Thanks for your legal education.
It is clear (to me) that Sullivan is dragging this out because of personal malice against Flynn.
He’s quite the judge, is he not? Is he a vision of the future, under Biden et al.?
Cicero, yes if Biden is elected Sullivan will be the norm. I was on the phone with my daughter last night talking about the upcoming election in November, her comment was that Trump has been trying to drain the swamp and if Biden is elected he will work fast to refill the swamp.
And of course COVID will be gone a month after the election if Biden wins, that’s what my daughter, 42 years old, thinks.
I can’t see the case going into any place where it would dismiss itself, automatically. Sullivan has been given an instruction – twice.
My guess is that he and his minions have been petitioning furiously behind the scenes to build a coalition, a quorum that will withstand an en banc review. While the court is liberal, it’s not yet suicidal – nobody wants to be on a posse that ends up in front of the Supremes.
Just trash talking in the bleachers here, of course.
“COVID will be gone a month after the election if Biden wins”.
To the contrary, it or its equivalent may well continue to be touted, to keep folks in their homes, *forever*.
Sullivan may very well have an animus against Flynn but my belief is that Obama has been pulling his strings for a while now, at least since the “leaked” talk where Obama talked about Flynn’s “perjury” even though he had never been charged with it.
Either way, what a vile creature.
If past behavior is any indication, Sullivan will continue to do his utmost to delay, subvert, prevent and sabotage justice for Michael Flynn.
Some may wonder what exactly his motivations are—as though certain motivating factors, as opposed to others, might somehow mitigate his outrageous, erratic, suspicious and illegal decisions.
Nonetheless, whatever his motivations might be, they are immaterial here.
Moreover, for anyone seriously considering giving the judge benefit of the doubt, imputing to him feelings of “genuine concern” regarding the “judicial” (as opposed to political) aspect of the case, then they should take into account that his erratic acrobatics go in one direction ONLY. As well, for those reluctant to admit any overt political dimension to Sullivan’s shenanigans, they might want to consider not only his curious “amicus curiae” decision—rushing to exploit the instrument after rejecting it time and time again when Flynn’s lawyer requested its use, even to the point of proclaiming that “amicus curiae” had NO PLACE in HIS COURT—but the nature, background and political animus of the individual he insisted on inviting as court “friend”.
No, something is very rotten here.
To be sure, if it does turn out that Sullivan—somehow—can be prevented from denying justice in this matter, then he will still do everything in his power to turn the tables on Barr’s DOJ (and Trump’s presidency) by making it appear “obvious” that their decision to exculpate Flynn was PURELY political interference of the most nefarious kind (which is already the “official” take of “the resistance”) and by so doing further pour gasoline on the fire of Democratic Party (and MSCM) rage, prevarication and sheer hatred toward Trump and his supporters….
…while serving to obfuscate—as well as justify and excuse—the utter criminality of Obama’s crime syndicate.
(And so, another Team-Obama “win-win”?…)
Flynn’s lawyer Sidney Powell got blindsided by Sullivan’s betrayal of the rule of law
https://pjmedia.com/news-and-politics/stacey-lennox/2020/06/29/sidney-powell-drops-a-bomb-or-two-on-the-glaring-problems-with-the-flynn-case-n588095
He’s trying to run out the clock.
I am not an attorney, so please forgive my ignorance: Why can’t the circuit court dismiss the case?
Sullivan has certainly given them grounds.
“COVID will be gone a month after the election if Biden wins”.
I heard it said that a doctor was asked when he thought Covid would be over and that her replied that he’s a doctor, not a politician.
“If past behavior is any indication, Sullivan will continue to do his utmost to delay, subvert, prevent and sabotage justice for Michael Flynn”
Let’s see if they can push it past November in hope of getting a Dem elected who can overturn justice and exact vengeance.
I would assume the Court of Appeals could order, either directly or through the Presiding Judge of the District Court, Sullivan removed and another judge to replace him.
Updates, as more documents are being released, thanks to “Good Soldier” Sullivan'”
https://twitter.com/Techno_Fog/status/1280591964879097857
I think Sullivan has 24 hours give or take to apply for an en banc rehearing.
…and isn’t it interesting, the longer that these process-driven actions take to be completed, the more exonerating evidence keeps coming out of the Department of Justice. Almost like a drip….drip….drip…. The latest filing today had a concluding remark that more documentation may be coming.
I wonder if there is a strategy being explored to try to sidestep the volumes of exonerating evidence that have been uncovered since the ‘Guilty’ plea in order to proceed in some way, on a technicality, as if the newly-found evidence had no bearing on the course of action.
“..as if…”
Precisely, since none of the evidence—new or old—will make any difference to the Left, who will continue to claim—that is, if they even read any of the evidence at all—that Flynn’s exoneration is TOTALLY politically motivated…and that, as well, Obamagate (so-called) is merely (more) deplorable right-wing conspiracy theory….
(The “conspiracy-theory” canard is a function of partisanship, but also a feature of the convolutedness and intricacy of the plot: think of it as a kind of “built-in” second-level or even third-, fourth-, or fifth-level “insurance policy”. Sheer brilliance, actually.)