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Thursday, May 21, 2020

General Flynn & Amici in the Federal Courts



General Flynn sought mandamus relief before the United States Court of Appeals for the DC Circuit. DC Circuit rules speak to mandamus procedures. Specifically, Rule 21(b)(4) states:
So what is the upshot? The mandamus applicant (ie, Flynn) is asking the court of appeals to stop Judge Sullivan (ie, the trial court judge) from appointing an amicus. Flynn’s position is that Judge Sullivan lacks the authority to appoint an amicus in his criminal proceeding—a position that Judge Sullivan apparently adhered to in earlier stages in this very case. Unlike the trial court, the court of appeals, under its appellate rules, has the express power to appoint amici (even in a criminal matter). The amici before the court of appeals may very well opine that the trial court erred in appointing an amicus.

I suspect that this will not end well for the reputation of the federal courts.

Currently, the country waits for the court of appeals to issue a briefing schedule order.

Seth

Seth Barrett Tillman, General Flynn & Amici in the Federal Courts, New Reform Club (May 21, 2020, 7:48 AM), <https://reformclub.blogspot.com/2020/05/general-flynn-amici-in-federal-courts.html>;

9 comments:

Jenny Richard said...
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Jenny Richard said...
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Derg said...

The Appeals Court has ordered Sullivan to respond NLT 10 days.

They have invited / offered the opportunity for the DOJ to respond as well.

joyce lucky said...
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Bill G said...

William, this case was in FUBAR territory from the moment it stayed in a court where the judge had deemed the defendant a traitor. We are now well into SAPFU; Surpassing All Previous ...

Tom Armstrong said...

Yes we have no bananas. Or herpes. Or respect for the Federal Justice System.

The Grand Moff Tarkin said...

The DC Circuit issued an order. Judge Sullivan has 10 days to respond, as does the government.

https://saraacarter.com/dc-circuit-court-orders-sullivan-to-respond-to-flynns-appeal-to-dismiss-case/

Why are there so many posts for quack medicine here?

Unknown said...
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Tom Van Dyke said...

Blogger The Grand Moff Tarkin said...
The DC Circuit issued an order. Judge Sullivan has 10 days to respond, as does the government.

https://saraacarter.com/dc-circuit-court-orders-sullivan-to-respond-to-flynns-appeal-to-dismiss-case/

Why are there so many posts for quack medicine here?


The management apologies. We have been under full spam attack for months now and have removed many from this thread. Thanks for commenting.