PILOT SPIN
Spin Zone => Spin Zone => Topic started by: bflynn on May 22, 2020, 07:47:21 AM
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https://www.foxnews.com/politics/federal-appeals-court-judge-flynn-case-dismiss
A federal appeals court on Thursday directed the judge hearing the case against former national security adviser Michael Flynn to respond to a petition by Flynn for the charges against him to be thrown out.
Flynn’s attorney earlier this week had filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking that the prosecution against Flynn be dismissed as the Justice Department has requested, and for Judge Emmet Sullivan to be taken off the case.
The order issued Thursday directs Sullivan to file a response by June 1, and invited the government to respond "in its discretion within the same 10-day period."
Writs of mandamus are extraordinary remedies, which are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable.”
This is very unusual. Ordinarily an appeals court will wait until a case is completed before touching it. Mandamus means the behavior is so egregious that there is no chance it would hold up on appeal and probably that the higher level judges are embarrassed by whatever action is being performed.