I’m sure this saga isn’t really over, because it never seems to be really over, but for now, it appears that Judge Sullivan’s resistance theater is coming to an end. The D.C. Circuit ruled on Sullivan’s ridiculous, farmed out argument that he should be allowed to continue sentencing Michael Flynn, even after exculpatory evidence was revealed.
Now: DC Circuit directs Flynn judge to dismiss prosecution, per new order: pic.twitter.com/w6C5Bc2jtP
— Mike Scarcella (@MikeScarcella) June 24, 2020
Sydney Powell, Flynn’s lawyer, has shown herself to be pretty incredible. She took a case that looked like it was over, one in which Flynn had been brow-beaten into two guilty pleas, and managed to not only get it dismissed, but have a higher court order the presiding judge to do so.
I think we also can’t ignore the role AG Bill Barr played here. A lot of the documents which showed the Flynn ordeal to be a farce were being held back by the FBI with no explanation whatsoever. Multiple times, lies were told claiming documents didn’t exist which they ended up producing in the end. That doesn’t happen if Barr doesn’t make sure it happens.
The irony is that many will claim that it was improper for the DOJ to hand over the documents, as if justice means having exculpatory evidence purposely held back by bureaucratic actors with obvious political biases. But that’s the world we live in.
Ruling was 2-1, Henderson and Rao ruling for Flynn. Wilkins dissented.
Me a few weeks ago after Sullivan’s attempted “defense” to the writ:
“Strong chance of a writ of mandamus being issued for Flynn 2-1 after this hot garbage” 👇https://t.co/hoyBOQckMq
— Undercover Huber (@JohnWHuber) June 24, 2020
A lot of Twitter lawyers who also appear on CNN and MSNBC assured us that Flynn would lose this ruling. That didn’t happen because those people rarely know what they are talking about.
In the end, Flynn would have likely been pardoned anyway, but this was a better outcome. The court system, these judges, Robert Mueller, the FBI, and hangers-on at the DOJ all got slapped down hard here. The repudiation will go a lot farther than Trump getting involved and forcing their hand. It never should have gotten this far, but here we are, and this is the right decision.