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Flynn update:DC Circuit orders Judge Sullivan to grant the DOJ Motion to Dismiss.
They also "vacate the district court's order appointing an amicus as moot."
Full doc:
https://www.scribd.com/document/466802086/CR-Cir-Opinion-Flynn
The DC Circuit opinion does not make Judge Sullivan look good.
Sullivan's argument that "greater judicial scrutiny" is needed "conflicts with black letter law."
Sullivan's argument that "greater judicial scrutiny" is needed "conflicts with black letter law."
The Court continues:
Judge Sullivan's orders appointing an amicus and scheduling the proposed hearing "constitute clear legal error."
Judge Sullivan's orders appointing an amicus and scheduling the proposed hearing "constitute clear legal error."
DC Cir. explains why mandamus is proper:
Judge Sullivan's appointment of the amicus and scrutiny of DOJ motives/reasoning constitutes "irreparable harms."
Judge Sullivan's appointment of the amicus and scrutiny of DOJ motives/reasoning constitutes "irreparable harms."
Concerns over the appointment of John Gleeson:
Gleeson's appointment was a "troubling indication" of Sullivan's mistaken understanding of his role as a Judge.
Gleeson's appointment was a "troubling indication" of Sullivan's mistaken understanding of his role as a Judge.
Further concerns about Gleeson:
His reliance on stories and "tweets" outside the record to prove his claims.
His encouragement for Sullivan to question "a core aspect of the Executive's charging authority."
His reliance on stories and "tweets" outside the record to prove his claims.
His encouragement for Sullivan to question "a core aspect of the Executive's charging authority."
