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General Mike Flynn Exonerated Again, Will The Coup Cabal Appeal?

Appeals Michael Flynn
Yesterday, a federal appeals court ordered a lower court to allow the Justice Department to dismiss the trumped-up case against LTG Michael Flynn, President Trump’s first National Security Advisor and the author of the must-read book Field of Fight.

Brooke Singman of Fox News reported the order was the result of an appeal from Mike Flynn's heroic lawyer Sidney Powell asking for a so-called writ of mandamus -- essentially an order telling a government official to carry out a certain duty -- directing District Judge Emmet Sullivan to approve the DOJ's motion to dismiss.

Sullivan did not immediately grant that motion and instead sought to hold hearings on the matter and keep Gen. Flynn in jeopardy of going to prison.

The unusual move from Sullivan to keep the case alive despite prosecutors' motion to dismiss was preceded by admissions of wrongdoing by the DOJ and the submission of an extensive body of evidence demonstrating the FBI interview that led to his charge of lying to investigators about his contacts with Russia's ambassador had no "legitimate investigative basis."

It is unclear whether Sullivan could try to appeal to the full appeals court or even to the Supreme Court in order to keep the case alive. The next step otherwise would likely be for Sullivan to comply, concluded Ms. Singman.

Ms. Singman reported Wednesday's court order was direct, ordering "that Flynn’s petition for a writ of mandamus be granted in part; the District Court is directed to grant the government’s ... motion to dismiss; and the District Court’s order appointing an amicus is hereby vacated as moot, in accordance with the opinion of the court filed herein this date."

Sean Davis, in his analysis for The Federalist pointed out the appeals court ruled that the alleged rules cited by Sullivan “give[] no power to a district court to deny a prosecutor’s…motion to dismiss charges based on a disagreement with the prosecution’s exercise of charging authority.”

“Whatever the precise scope of Rule 48’s ‘leave of court’ requirement, this is plainly not the rare case where further judicial inquiry is warranted,” the appeals court wrote. “To begin with, Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment. Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt.”

Mr. Davis, in his analysis also noted the appeals court smacked down Sullivan’s decision to hire a shadow private prosecutor to take up the charges against Flynn after DOJ moved to have all charges dismissed following revelations that the Federal Bureau of Investigations (FBI) had inappropriately and illegally targeted Flynn for investigation and prosecution. Only after Sullivan refused to dismiss the charges against Flynn, did Flynn file a writ of mandamus in the D.C. appeals court asking the court to order Sullivan to dismiss the charges against him.

“[C]learly established legal principles and the Executive’s ‘long-settled primacy over charging decisions’ foreclose the district court’s proposed scrutiny of the government’s motion to dismiss the Flynn prosecution,” the court ruled. “A hearing may sometimes be appropriate before granting leave of court under Rule 48; however, a hearing cannot be used as an occasion to superintend the prosecution’s charging decisions, because ‘authority over criminal charging decisions resides fundamentally with the Executive, without the involvement of—and without oversight power in—the Judiciary.'”

“The district court’s orders appointing an amicus…and scheduling the proposed hearing therefore constitute clear legal error,” the court stated.

Judge Neomi Rao, writing for the majority, also noted that Sullivan’s antics imperiled the separation of powers between the executive and judicial branches and, if allowed to continue, would irreparably harm the executive branch and its ability to administer the law.

“In this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power,” the court noted. “Thus, the district court’s appointment of the amicus and demonstrated intent to scrutinize the reasoning and motives of the Department of Justice constitute irreparable harms that cannot be remedied on appeal.”

Renowned law professor Jonathan Turley — long critical of Judge Sullivan's rulings against Gen. Flynn — has hailed a federal appeals court order to dismiss the criminal case against President Trump's former national security advisor.

"I was previously criticized for being a 'lone wolf' in objecting to the actions of Judge [Emmet] Sullivan in the Flynn case," Turley, who teaches Public Interest Law at George Washington University, wrote in a tweet reported by NewsMax’s Bill Hoffmann.

But as firm and stinging as the Appeals Court’s rebuke of Judge Sullivan’s actions was, there are those who want the persecution of Gen. Flynn to continue.

Leftwing University of Michigan law professor and former U.S. Attorney Barbara McQuade tweted, “Full court could and should review this decision en banc. Even if court is right on merits, mandamus is wrong avenue and creates bad precedent.”

Likewise, Far Left lawyer and political commentator Laurence Tribe, tweeted, “Astonishing barely begins to describe this travesty. En banc review seems mandatory.”

Tweets from the Far Left of the legal establishment aside, we think Judge Rao is exactly correct – the course Judge Sullivan was on – running amuck to appoint his own private prosecutor—is so far outside the Anglo-American legal tradition and the Constitution’s separation of powers that it would irreparably harm the executive branch and its ability to administer the law.

We hope this signals the end of the travails of General Flynn and his family, but we fear the coup cabal will not give up until they have wrung every bit of political advantage against President Trump and every penny from the Flynns through this fabricated political prosecution.

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