Judge asks full appeals court to review panel's dismissal of Flynn case
Source: Axios
D.C. District Judge Emmet Sullivan on Thursday petitioned for the full D.C. Court of Appeals to rehear a three-judge panel's decision to order the dismissal of the case against former national security adviser Michael Flynn.
Why it matters: The panel's 2-1 decision could be overturned by the full 11-judge appeals court if it decides to take up the en banc review.
The backdrop: The Justice Department under Attorney General Bill Barr moved to dismiss the charges against Flynn in May, following a review that alleged prosecutorial misconduct by the FBI agents who had interviewed Flynn.
...
The appeals panel's majority opinion, authored by Trump appointee Neomi Rao, argued: "In this case, the district courts actions will result in specific harms to the exercise of the Executive Branchs exclusive prosecutorial power."
Read more: https://www.axios.com/michael-flynn-dc-appeals-court-43deefca-2ac6-4ea8-8b3c-8b4ad365de68.html
bucolic_frolic
(43,161 posts)Yeah, there are few things 100% black and white, even though conservatives try to bend the system to suit their purposes.
For example, and I'm no lawyer, but .... it is longstanding common practice for members of Congress to write letters to DOJ or FBI asking for investigation of specific wrongdoing of someone or some such. There. So much for "exclusive". They're just blowin' smoke.