Author Topic: Appeals court orders judge to respond to Flynn's petition to have case thrown ou  (Read 109 times)

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Offline SVPete

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Appeals court orders judge to respond to Flynn's petition to have case thrown out

A federal appeals court ordered the judge overseeing the case against retired Lt. Gen. Michael Flynn to respond to a petition filed by the former Trump national security adviser for the criminal charges against him to be discarded.

The U.S. Court of Appeals for the D.C. Circuit told Judge Emmet Sullivan that he has 10 days to explain why he should not be forced to let the Justice Department drop its case against Flynn.

“Upon consideration of the emergency petition for a writ of mandamus, it is ORDERED, on the court’s own motion, that within ten days of the date of this order the district judge file a response addressing the petitioner’s request that this court order the district judge to grant the government’s motion to dismiss filed on May 7, 2020," the appeals court said.

Sullivan was told to address Rule 48 from the Federal Rules of Criminal Procedure, which governs the government’s actions related to dismissing cases, and to address the D.C. Circuit Court ruling in United States v. Fokker Services, which limited the authority of courts in rejecting deferred prosecution agreements. Both were raised by Flynn’s lawyers in their petition.

This short-circuits Sullivan's Process-as-Punishment delay game.
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