Appeals Court Orders Judge Emmet Sullivan to Dismiss Michael Flynn Criminal Prosecution

It took some searching to find a political cartoon sympathetic to General Flynn; cartoonists and the general press were almost universally on the side of Democrats.  See for yourself.  TD

Legal Insurrection   "The Court of Appeals for the D.C. Circuit has ordered Judge Emmet Sullivan to grand the government’s motion to dismiss the criminal charges against Michael Flynn.
"The appeals court ruled after Sullivan appointed an “amicus” counsel to argue against the motion."

Background is available in these prior posts.

• Michael Flynn Asks Appeals Court to Order District Court to Grant DOJ Motion to Dismiss
• Judge considering holding Michael Flynn in criminal contempt for perjury in connection with guilty plea
• Judge in Michael Flynn case may allow ‘amicus’ briefs on whether to drop case – is there reason for freak out?
• DOJ Drops Case Against Michael Flynn After Considering ‘Newly Discovered and Undisclosed Information’
• Judge Emmet Sullivan to Appeals Ct in Flynn Case: It’s Premature To Order Me To Dismiss The Case

"You can read the Order here. Here are excerpts from the majority (2-1) decision:

The justifications the district court offers in support of further inquiry—for instance, that only the U.S. Attorney signed the motion, without any line prosecutors, and that the motion is longer than most Rule 48(a) motions—are insufficient to rebut the presumption of regularity to which the government is entitled….

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.” Fokker Servs., 818 F.3d at 741. The district court’s orders appointing an amicus, see infra 8–10, and scheduling the proposed hearing therefore constitute clear legal error….

Full article here.

So, It Was Joe Biden Who Suggested Using Shoddy Logan Act Angle to Attack Michael Flynn?  . . . "Mr. Flynn was President Trump’s national security adviser who spoke with then-Russian Ambassador Sergey Kislyak in run-of-the-mill conversations that occurs whenever there’s a new administration about to take over. There was nothing irregular about the calls. The media obsessed about it. It was a nothingburger. The Obama administration knew about the calls. In January of 2017, days prior to the inauguration of Donald Trump, Obama and his top security officials met to discuss the game plan for protecting the FBI’s counterintelligence probe into Russian collusion. On Inauguration Day, Flynn’s predecessor, Susan Rice, sent an email to herself which appears to show that the January 5 meeting was one where top Obama officials planned to target and destroy Flynn. Obama’s goal was to protect this probe, with the rosiest of scenarios being that the incoming Trump administration nit find out about it. And it’s been revealed that notes from January 4, 2017, from Peter Strzok, the other disgraced FBI agent who reportedly signed off on this entire collusion fiasco, noted that Joe Biden was the one who brought up the Logan Act angle of this atrocity to American justice. Yeah, Joe Biden, Mr. ‘I didn’t know anything about Flynn,’ except for that part of mentioning how to weaponize simple phone calls against a man to fulfill a deranged liberal fantasy about the results of the 2016 election: . . .