Donald Trump’s enemies are still using the legal system to harass the President and his supporters.
One of those battles just came to a conclusion.
And Donald Trump was red with rage when he found out about a big defeat in court.
The effort by Obama holdovers in the Department of Justice to prosecute General Michael Flynn is a textbook case of how our justice system is not supposed to work.
Readers of Black Eye Politics will remember, Gen. Flynn pleaded guilty in 2017 to lying about his contacts with Russia’s U.S. ambassador in the weeks before Donald Trump took office.
And readers will remember he only did so after DOJ prosecutors threatened his family and lied to him about the charges.
Still, after agreeing to the plea deal with now disgraced former special counsel Robert Mueller, Flynn actually cooperated with Mueller’s team, at least initially.
His cooperation lasted for just over a year and a half until Flynn, the former Defense Intelligence Chief, had enough.
Flynn and his lawyers realized just how out of control the entire investigation was and Flynn stopped cooperating and changed to a more combative tone.
Finally, after Senate testimony, and newly released DOJ and FBI documents showed just how corrupt the effort against Flynn was, the General decided to try and back out of the plea agreement.
And, to the horror of the left, following Flynn’s change of heart, Trump’s Attorney General William Barr moved to drop the case altogether.
This shocking decision was made by citing irregularities and improprieties by top FBI and DOJ officials, including the ones who ordered the initial interview of Flynn.
Barr’s move created a storm of outrage among long-time Justice Department bureaucrats, Democrats, and liberal activists who accused Trump’s AG of only taking the action to protect a political ally of the President, and ignoring DOJ and FBI objections to the action.
Most thought it was over and General Flynn could get on with his life.
Motions to dismiss that are brought by prosecutors are almost always perfunctory.
But then, the judge in the case, Emmett Sullivan, stopped the dismissal process. The George H.W. Bush appointed judge took the highly unusual step of appointing an outside adviser to review whether he, as the judge, had discretion to deny the Flynn dismissal.
For their part, Flynn’s legal team accused Sullivan of blatant anti-Flynn bias, even pointing out that Sullivan had been critical of Flynn from the beginning of the proceedings.
Well-known and respected attorney Sidney Powell who serves as Flynn’s legal counsel, then filed a motion with the appeals court to force Sullivan to dismiss the case through a request for a “writ of mandamus” that would override and stop Sullivan’s plans.
But the appeals court ruled against Flynn on an 8-2 vote, largely on technical issues.
In the majority decision, the justices said that imposing a writ of mandamus is an extremely rare step reserved only for cases in which a defendant has no other option.
In this case, the judges ruled Sullivan hadn’t even ruled on the DOJ’s motion to dismiss before Powell decided to force his hand.
What all this means is Flynn will be back in front of Judge Sullivan and is likely to have his attempt to dismiss the charges turned down by a clearly biased judge.
Sidney Powell took to Twitter to attack the ruling, “It is a disturbing blow to the #RuleOfLaw,” she wrote on Twitter.
Powell is correct on that count.
The D.C. Circuit Court of Appeals ruled against Flynn’s attempt to end the DOJ case against him. They voted 8-2 to reject Flynn’s effort to dismiss the case immediately.