Opinion: DC Circuit Did NOT Boost American Confidence In Our Justice System Yesterday

AP featured image
Michael Flynn, President Donald Trump’s former national security adviser, leaves the federal court with his lawyer Sidney Powell, left, following a status conference with Judge Emmet Sullivan, in Washington, Tuesday, Sept. 10, 2019. (AP Photo/Manuel Balce Ceneta)

Yesterday brought some qualified, great news. As my colleague Bonchie wrote, a three-judge panel of the DC Circuit Court ordered Judge Emmet Sullivan to dismiss the charges against Lieutenant General (Retired) Mike Flynn.

Read: Judge Sullivan’s Resistance Theater Comes to a Pathetic End, Ordered to Dismiss Flynn Charges

During yesterday’s Rush Limbaugh Radio Show, Flynn himself, called in to announce the good news. In his own words:

“The decision today is really, it’s a good thing for Gen. Flynn. It’s a good thing for me. It’s a good thing for my family. But it’s really a great boost of confidence for the American people in our justice system. Because that’s what this really comes down to, is whether or not our justice system is going to have the confidence of the American people.”

First of all, I am very happy for General Flynn. I pray that Judge Sullivan finally gets a clue and puts paid to this long running travesty of justice and personal tragedy for General Flynn. I am not sanguine about that coming to pass any time soon.

The reason I wrote “qualified great news,” is that it could very well happen that the the DC Circuit decides to hear the issue en banc (the legal eagles tell me that’s legalese for, “all the judges on the court hearing the issue”). At this time the DC circuit consists of 11 Democrat appointed judges, with only 4 appointed by Republicans (yet another reason to vote Trump in November). My colleague Shipwrecked Crew, one of our resident legal geniuses, has several great pieces out on how this could play out. Here are two of them.


Read: Gen. Flynn Wins — For Now??

Read: Judge Gleeson Still Moves Pieces On The Chess Board AFTER Appeals Court Vacates His Appointment as Amicus

Even if the DC Circuit decides not to hear the case, their previous order goes into effect and General Flynn is finally free from this persecution, that is certainly not a confidence booster for the American Public. I’m sorry to disagree with a 3 Star General Officer who I respect, but thinking people must conclude quite the opposite—and regardless of political affiliation. Here’s why.

Lieutenant General Flynn, former National Security Advisor for President Trump, is a national figure. It took all of his personal resources, going broke and finally, through the good offices of a real attorney to finally come close to putting this three-year nightmare to an end (and it ain’t done yet). What do you think would happen to an old, beat down Infantry Colonel, Mike Ford or an an ancient, gray haired Navy Captain, Stu Cvrk in that position? What would happen to any of us folks in flyover country, without Flynn’s resources and national notoriety?

Some time back I wrote about government’s anti-liberty practice of “buying the pot” when going after someone who they really don’t have a case on. Essentially, the government takes advantage of its lawyers on salary, who can file subpoena after subpoena on a subject of investigation. That subject has to then reply to each of these through his lawyer, who of course charges by the billable hour.


This is exactly what happened in the Flynn case. The DC firm of Covington and Burling essentially billed him into penury, forcing him to sell his house. Once Flynn had no more money to pay them, he had no choice but to “fold.”

Read: Opinion: The Deep State Overturns the Rule of Law

Again, what if this was you or me? If politically driven Federal or State prosecutors really wanted any of us, it wouldn’t be all that hard to spend us out of the game and into a coerced confession. That is why I disagree with the estimable General Flynn. His bit of promising news today, after a bitter three-year struggle, merely underscored huge issues in our Justice System. It certainly is not any sort of “boost of confidence for the American people in our justice system;” quite the opposite. Prayers and best wishes to Lieutenant General Flynn and his family, that his long nightmare will come to an end.


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