Opinion| Steven Ahle| The D.C. Circuit court has demanded that rogue judge Emmet Sullivan submit, before June 1st, his reason for refusing to dismiss the Flynn case after the DOJ dropped all charges.
His decision to accept ‘friend of the court’ briefs runs contrary to a Supreme Court ruling made just two weeks ago that prohibits using ‘friend of the court’ briefs in his decision making.
In a second, unprecedented move, Sullivan appointed an anti-Trump former judge to argue why Sullivan should not dismiss the Flynn case. The three-judge panel has given him just 10 days to explain himself.
The question now becomes whether Sullivan will surrender his unconstitutional fight or if he will double down and risk sanctions or possible removal from the bench.
The three circuit judges who heard the case are The Judges involved are Henderson, Robert L. Wilkins, and Rao.
—Henderson was first nominated by Reagan and voted against Nadler & the House being able to subpoena WH Counsel Don McGhan
—Rao was nominated by Trump to replace Kavanaugh & also voted against House overreach against Trump
—Wilkins was Obama appointee, Senate Rs filibuster failed https://t.co/LJNIlOkt0X
— Undercover Huber (@JohnWHuber) May 21, 2020
#BREAKING D.C. Circuit has ordered Judge Sullivan to respond to #FLYNN Petition for Writ of Mandamus by June 1.
Judges Henderson, Wilkins, and Rao.@GenFlynn @BarbaraRedgate @seanhannity @dbongino @WhiteHouse @JosephJFlynn1 @GoJackFlynn pic.twitter.com/mwH5W5nEES
— Sidney Powell 🇺🇸⭐⭐⭐ (@SidneyPowell1) May 21, 2020
Judicial Watch founder Tom Fitton added:
The order suggest that Judge Sullivan will have to explain why he should be able to ignore a recent Supreme Court Case (Fokker) that seems to expressly prohibit Judge Sullivan’s judicial adventurism against @GenFlynn.
The order suggest that Judge Sullivan will have to explain why he should be able to ignore a recent DC Circuit decision (Fokker) that seems to expressly prohibit Judge Sullivan's judicial adventurism against @GenFlynn. @SidneyPowell1 https://t.co/XA9Dhh0JgF
— Tom Fitton (@TomFitton) May 21, 2020