Radio Recap – Flynn Case Before Full Appeals Court

Breaking News: Oral arguments today before the full D.C. Circuit Court of Appeals in the Lt. General Flynn case.

On today’s Jay Sekulow Live, we discussed the en banc hearing on Lt. Gen. Flynn’s case before the full D.C. Circuit Court of Appeals, which started before the show and continued while we were live.

General Flynn’s attorney, Sidney Powell, made the following point during oral arguments today:

General Flynn is a defendant without a prosecutor, in litigation now without any controversy between the actual parties to the case. Instead of promptly granting dismissal, as required on these facts as a matter of law, Judge Sullivan denied two defense motions opposing any amicus at all, appointed Mr. Gleason to usurp the job of the prosecutor, raised a sword of perjury and contempt charges over Flynn’s head, and impermissibly sallied forth to right the wrongs he perceived.

Today, as the oral arguments proceeded, we provided live analysis. The full en banc panel consisted of ten judges, because one judge recused himself.

To me, all they talked about today was mooted out just by the fact that Judge Sullivan is a litigant in this case. There’s a rule, 28 U.S. Code 455, which says you are disqualified if you are a party to the proceeding.

My dad, Jay Sekulow, gave his analysis of the hearing up to this point:

It’s interesting here and I thought that this was really important, that Sidney Powell, and it was a very effective line, said this is a prosecution without a prosecutor.

ACLJ Senior Counsel Andy Ekonomou agreed with my dad and expounded on that point:

That’s right. We have no prosecutor. The Attorney General of the United States has decided to dismiss this case but the judge won’t do it. So you have a criminal prosecution and nobody on the other side . . . . Nobody on the other side is the district attorney. Nobody on the other side is the U.S. attorney. They’re prosecuting a defendant with no prosecutor, except Judge Emmet Sullivan. He’s the prosecutor in the case.

That is never supposed to happen, but it’s happening in this case. How many times does General Flynn have to be exonerated?

The full broadcast includes much more analysis of the oral arguments in the Lt. Gen. Flynn case on appeal before the full court.

Watch the full broadcast below.