Radio Recap – The Persecution of Gen. Flynn Continues


Jordan Sekulow

September 1, 2020

The Obama-Biden persecution of General Flynn continues.

On today’s Jay Sekulow Live, we discussed the latest developments in the Lt. General Flynn case. The persecution of Lt. Gen. Flynn continues as the en banc D.C. Circuit Court of Appeals sends the case back to Judge Sullivan. When will the persecution of Lt. Gen. Flynn end?

One of the last remaining liberal court of appeals, the D.C. Circuit Court of Appeals, has ruled 8-2 in favor of Judge Sullivan. The case goes back to him. We knew this was going to happen – that the en banc review would not be good for General Flynn. They basically danced around the question of whether Judge Sullivan did the right thing by appointing an outside counsel, a former judge, to argue against the government’s position. They just said the matter wasn’t really ready for their review yet.

To quote from the opinion:

Petitioner sought to compel the District Court “immediately to (1) grant the Justice Department’s Motion to Dismiss; (2) vacate its order appointing amicus curiae; and (3) reassign the case to another district judge as to any further proceedings.

The amicus curiae would be the former judge that Judge Sullivan wanted to argue against the Department of Justice – to essentially become a special prosecutor. Under the federal rules, it is so clear that Judge Sullivan became a party in this case. He was even represented by his own attorney before the full appellate court. In the initial three-judge panel ruling, they had granted the petition in part, compelling the district court to immediately grant the motion to dismiss the case which rendered the amicus moot.

Now we get to the en banc majority ruling where it changes completely. Here’s what it said:

As to Petitioner’s first two requests—to compel the immediate grant of the Government’s motion, and to vacate the District Court’s appointment of amicus—Petitioner has not established that he has “no other adequate means to attain the relief he desires.” Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004) (quoting Kerr v. U.S. Dist. Court for N. Dist. of Cal., 426 U.S. 394, 403 (1976)). We also decline to mandate that the case be reassigned to a different district judge, because Petitioner has not established a clear and indisputable right to reassignment. See id. at 381. We therefore deny the Petition.

What I don’t understand is that the court would not address the appointment by Judge Sullivan of the amicus curiae. They danced around that and they danced around whether he was disqualified by being a party.

We were also joined on the show by ACLJ Senior Advisor for National Security and Foreign Policy, Richard Grenell, who we announced last week has joined us at the ACLJ after serving as the Acting Director of National Intelligence. Ric talked about the job Director of National Intelligence John Radcliffe is doing:

I really applaud what John Radcliffe has done here. He’s trying to solve a problem. The problem that we have is the leaks. It’s actually a crisis. It’s really a bad situation. I will tell you this, when I was at DNI, I had multiple career intelligence officials come to me and say, I actually don’t want to brief Capitol Hill any more.

The leaks are a major problem and self-serving politicians need to stop.

The full broadcast is complete with a full discussion with Ric Grenell as well as detailed analysis of the persecution of Lt. General Michael Flynn.

Watch the full broadcast below.