Radio Recap – BREAKING: Flynn Judge ORDERED to Drop Case | American Center for Law and Justice

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Radio Recap – BREAKING: Flynn Judge ORDERED to Drop Case

By 

Jordan Sekulow

|

June 24, 2020

2 min read

Constitution

The Flynn judge in the district court has been ordered to drop the case.

On today’s Jay Sekulow Live, we discussed the breaking news that the D.C. Circuit Court of Appeals has ordered the Flynn judge to drop the case. This is a full vindication of Lt. General Michael Flynn.

The General Flynn case was up on appeal. A request was made by his legal team to the U.S. Appeals Court for a writ of mandamus back to the district court. That’s what General Flynn was seeking. That’s what was granted. A writ of mandamus was granted, ordering the judge to accept the Department of Justice’s request to dismiss the charges.

It’s a Rule 48 motion.  Rule 48 says that on the government’s motion, the case can be dismissed with leave of court, but in reality even when there is a leave of court that it’s not up to the court. In other words, the court can’t contradict the unanimous motion of both parties to drop the criminal case. That’s how the majority opinion here, a 2-1 opinion by the D.C. Circuit Court of Appeals, ruled. Again, this is a full vindication of General Flynn.

It’s very rare to have a writ of mandamus like this granted. Even the fact that the court took the case was a rare moment. It’s even rarer to have this granted. This was one of those cases that actually satisfied all of the requirements to have it granted.

This is a big deal. The opinion is very clear. This is actually one that I think those who listen to our broadcast can pick this up and understand.

My dad, Jay Sekulow, made the following point:

The court granted everything that General Flynn asked for, including the motion to dismiss. The only thing the court did not say was remove the judge from the case. They didn’t have to rule on that because they’ve ordered the dismissal. In other words, the government filed a motion to dismiss and this court had no authority to deny that motion to dismiss or appoint an amicus curie to argue why a prosecution should go forward. The two judges completely disagreed with that and said that was reversible error. In fact, the D.C. Circuit Court of Appeals said that the opinion of Judge Sullivan put co-equal branches of government on a collision course, constitutionally.

I want to underscore something that’s getting lost in a little bit of this. This was the premier prosecution of the Mueller team. This was an Administration official who was on the campaign and served in high office inside the White House. This was their cause for celebration. This was their big victory.

They have been completely decimated by this ruling.

The full broadcast is complete with more discussion by our team of the D.C. Circuit Court of Appeals order to Judge Sullivan.

Watch the full broadcast below.

Jordan Sekulow

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Jordan Sekulow is the Executive Director of the American Center for Law and Justice (ACLJ).

Jordan Sekulow

Jordan Sekulow is the Executive Director of the American Center for Law and Justice (ACLJ).

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Radio Recap – BREAKING: Flynn Judge ORDERED to Drop Case

By 

Jordan Sekulow

|

June 24, 2020

2 min read

Constitution

The Flynn judge in the district court has been ordered to drop the case.

On today’s Jay Sekulow Live, we discussed the breaking news that the D.C. Circuit Court of Appeals has ordered the Flynn judge to drop the case. This is a full vindication of Lt. General Michael Flynn.

The General Flynn case was up on appeal. A request was made by his legal team to the U.S. Appeals Court for a writ of mandamus back to the district court. That’s what General Flynn was seeking. That’s what was granted. A writ of mandamus was granted, ordering the judge to accept the Department of Justice’s request to dismiss the charges.

It’s a Rule 48 motion.  Rule 48 says that on the government’s motion, the case can be dismissed with leave of court, but in reality even when there is a leave of court that it’s not up to the court. In other words, the court can’t contradict the unanimous motion of both parties to drop the criminal case. That’s how the majority opinion here, a 2-1 opinion by the D.C. Circuit Court of Appeals, ruled. Again, this is a full vindication of General Flynn.

It’s very rare to have a writ of mandamus like this granted. Even the fact that the court took the case was a rare moment. It’s even rarer to have this granted. This was one of those cases that actually satisfied all of the requirements to have it granted.

This is a big deal. The opinion is very clear. This is actually one that I think those who listen to our broadcast can pick this up and understand.

My dad, Jay Sekulow, made the following point:

The court granted everything that General Flynn asked for, including the motion to dismiss. The only thing the court did not say was remove the judge from the case. They didn’t have to rule on that because they’ve ordered the dismissal. In other words, the government filed a motion to dismiss and this court had no authority to deny that motion to dismiss or appoint an amicus curie to argue why a prosecution should go forward. The two judges completely disagreed with that and said that was reversible error. In fact, the D.C. Circuit Court of Appeals said that the opinion of Judge Sullivan put co-equal branches of government on a collision course, constitutionally.

I want to underscore something that’s getting lost in a little bit of this. This was the premier prosecution of the Mueller team. This was an Administration official who was on the campaign and served in high office inside the White House. This was their cause for celebration. This was their big victory.

They have been completely decimated by this ruling.

The full broadcast is complete with more discussion by our team of the D.C. Circuit Court of Appeals order to Judge Sullivan.

Watch the full broadcast below.

Jordan Sekulow

More Articles

Jordan Sekulow is the Executive Director of the American Center for Law and Justice (ACLJ).

Jordan Sekulow

Jordan Sekulow is the Executive Director of the American Center for Law and Justice (ACLJ).

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