It has been nearly three years since Michael Flynn, who served for less than a month as President Donald Trump’s first national security adviser, pleaded guilty to lying to the FBI.
The FBI interviewed Flynn at the White House on January 24, 2017 which led to charges that he was lying to the FBI about his communications with then-Russian ambassador Sergey Kislyak, even though he had been previously cleared of any wrongdoing.
FBI notes revealing misconduct by FBI officials in surveillance of Trump’s campaign staff and associates led to the Justice Department’s decision in May to drop the charges against Flynn.
Instead of granting the motion, presiding Judge Emmett Sullivan appointed retired federal Judge John Gleeson to make arguments against dismissal, and allowed outside parties to weigh in on the matter.
Flynn’s lawyers petitioned the U.S. Court of Appeals for the District of Columbia Circuit for a writ of mandamus, which would force the lower-court judge to grant the motion to drop the case. The lawyers also asked the appeals court to assign any additional proceedings in Flynn’s case to another judge.
The court ordered Judge Sullivan to dismiss the case as requested by the Justice Department, but he was outraged. He appealed the court’s decision and a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Flynn.
Judge Sullivan asked that the full 10-member court, with a progressive majority, hear the case. The court ruled last Monday 8 – 2 that Judge Sullivan does not have to dismiss the case against Flynn, overturning the previous decision.
The court said Judge Sullivan was within his right to appoint a third party to argue against dismissing the case even though both the Justice Department and General Flynn agreed to drop the matter.
Flynn’s attorney, Sidney Powell, hammered the appeals court in an appearance on the Fox Business channel show Lou Dobbs Tonight. Host Lou Dobbs called the decision “a continuation —perhaps an escalation of the radical Dem partnership with the deep state to subvert, first the campaign and presidency of Donald Trump and apparently the Constitution while they’re at it.”
“Beginning in the summer of 2016 the FBI started spying on the Trump campaign and General Flynn and they did so in an effort to frame him — Straight up in your face frame-up,” said Dobbs as he gave an overview of the events that led to Flynn’s prosecution.
“In January 2017 the intelligence community reported Russia worked to elect the president. Within weeks the Justice Department and FBI worked to entrap General Flynn,” said Dobbs.
“The Obama White House was aware of the entire situation. Robert Mueller was appointed in May of 2017 to investigate Russian collusion. There was no collusion that resulted in a report that exonerated and vindicated President Trump in April of 2019,” Dobbs noted.
“When the radical Dems failed on collusion and that sham investigation and then special counsel, they tried a sham impeachment which again resulted in no evidence and a failed effort again as they tried to remove the president,” he added.
Dobbs told Powell, “I think most Americans are furious at what now they see as judicial corruption. This is outrageous what we’re watching…”
“Well they certainly are getting an education in what has become of our federal judiciary, Lou. I call this the Michael Flynn exception to the rule of law the courts made it up as it went along for the judges’ decision,” said Powell.
“… it sounds as though the Appellate Court just said to the District Court judge, you know, it’s okay,” said Dobbs. “Why don’t you play prosecutor here and carry out a case against the Justice Department to see whether or not for the first time, as far as we know, the Justice Department doesn’t have the right to dismiss a case and General Flynn has, by the way no constitutional standing of any kind, and the hell with the man because he just served the country honorably and with great distinction and valor and so just try to persecute him as long as you possibly can. Four years now in the effort.” he continued.
“That’s the essential determination of the court. It’s hard to read it any other way,” said Powell. “It’s nothing short of appalling and these are important constitutional issues at stake here — not just for Michael Flynn, but for the country as a whole and for the Department of Justice and how the Department of Justice functions vis-a-vis the federal courts,” she said.
“So I would not say this is the end of this. I think there is going to be more litigation to come, unfortunately, but we’ll keep going until the court gets it right,” she added.
“… Is there any reason why we should expect anything other than Emmett Sullivan to continue his outrage against General Flynn and and persist in this?” Dobbs asked.
“No. Absolutely not. I mean he’s made very clear his hatred of General Flynn and he relied on extrajudicial sources from the news media and from a Washington Post op-ed by the man he chose to step in and pile on against General Flynn and the process of making these rulings and the Court of Appeals just rubber stamps whatever he wants to do,” Powell concluded.
“Is there any point in which the Chief Justice of the United States is so embarrassed and so ashamed of what has become of the federal judiciary and its obvious political corruption that without prompting from any quarter he would reach down to the Appellate Court and to this District Court judge and say do what is right and end this now?” Dobb asked.
“I wish he would, but I don’t know that he’ll do that without a petition for writ of certiorari, but that may be the direction we have to go in next. We’re considering several alternatives right now,” said Powell.
“Including seeking an emergency determination by the Supreme Court?” Dobb asked. “Yes, definitely,” Powell said.
“Sidney Powell. You are a warrior… man, oh man, have you been tested by this group of judicial thugs on the D.C. Appellate Circuit. It’s incredible,” said Dobbs, who emphasized he was speaking for himself.
On Tuesday, Judge Sullivan ordered the parties to file a joint status report by Sept. 21. He also directed them to provide a plan for oral arguments, and propose a schedule for the DOJ and Flynn to file briefs, as well as for a response to any briefs from outsiders, known as amicus curiae.
Although the ruling directed Judge Sullivan to “proceed with appropriate dispatch,” he appears to be eyeing the election calendar and has shown no desire to release Flynn from his jaws any time soon.