To learn more or opt-out, read our It involves the Justice Department’s surprising decision to drop charges against one of President Trump’s former top aides — nearly three years after that aide plead guilty to lying to the FBI.
I haven’t read their decisions yet.
The mandamus will be heard by Judges Henderson, Wilkins, Rao. Nevertheless, Rao’s opinion concludes that Sullivan isn’t even allowed to consider arguments that cut against Flynn’s interests.The thrust of Rao’s opinion is that “decisions to dismiss pending criminal charges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion.” So, if prosecutors decide to dismiss charges against an individual, that’s the end of the case.Perhaps Rao is correct about this — although there are many historical examples of The “drastic and extraordinary remedy” sought by Flynn is known as a “writ of mandamus.” As Judge Robert Wilkins explains in a dissenting opinion, appeals courts may only grant mandamus relief if the person seeking such relief has “no other adequate means to attain the relief he desires” and “his right to the issuance of the writ is ‘clear and indisputable.’”But Flynn absolutely has another adequate means to obtain the primary relief he seeks in this case: dismissal of the charges against him. But there’s some background. Watch the hearing here live: 9:30 AM. He was a law clerk for a judge in CA, and then a prosecutor in DC. This is a common practice when none of the attorneys appearing in a case have presented important arguments at the heart of that case. Moreover, the Federal Rules of Criminal Procedure only permit the government to dismiss a prosecution “Because the Justice Department abandoned its prosecution, Sullivan also asked a court-appointed lawyer to argue the case against Flynn. Your financial contribution will not constitute a donation, but it will enable our staff to continue to offer free articles, videos, and podcasts at the quality and volume that this moment requires. Circuit Court Judges Karen Henderson, Robert Wilkins and Neomi Rao also offered the Justice Department a chance to weigh in on the matter by the same deadline. Sign up for the Here the Circuit ORDERS Sullivan to respond. We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. Here is the docket & order. Vox’s work is reaching more people than ever, but our distinctive brand of explanatory journalism takes resources — particularly during a pandemic and an economic downturn. Now that we know he was executed and all | John McCain and Director of National Intelligence Dan Coats spotted together abroadRudy Giuliani: I Have ‘Smoking Gun’ Proving Hunter Biden ‘Under Prosecution’ In Europe For Corruption Nor has he held Flynn in contempt. Flynn and his lawyers can argue their case before Judge Sullivan. The only saving grace of the court’s decision in Flynn is that Rao and Henderson are far-right outliers on the United States Court of Appeals for the District of Columbia. If Sullivan does not dismiss the charges, Flynn can then appeal this case to the DC Circuit, which may very well rule in Flynn’s favor once the case is properly before that court.Nor is Flynn’s right to mandamus relief “clear and indisputable.” To the contrary, the DC Circuit held in 2015 that “mandamus is Thus, in their apparent zeal to grant relief for a former Trump aide, the two judges in the majority, Rao and Henderson, ignored the very strict limits preventing their court from issuing a writ of mandamus.Meanwhile, Rao, who served in the Trump White House and only became a judge in 2019, has quickly built a reputation as a Rao, however, is in the minority on her court. Judge Henderson was first appointed to the DC Circuit by Pres. Judge Wilkins is an appointee of Barack Obama.