Emmet Sullivan
An appeals court will hear arguments concerning the impartiality of the trial judge who is extending the case against former National Security Adviser Michael Flynn after the Justice Department filed a motion to dropped the charges.
The judge, Emmet Sullivan, requested the hearing of the full panel of the Washington, D.C., Circuit Court of Appeals after a three-judge panel ordered him to grant the DOJ motion.
On Wednesday, the court asked the parties to prepare for oral arguments related to two federal laws that govern when a federal judge should recuse himself from a legal proceeding, Fox News reported.
The federal code states: "Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
The hearing is scheduled for Aug. 11.
Flynn update -
DC Court of Appeals requests the parties be prepared to address at oral argument:
1) Whether Judge Sullivan should disqualify himself for perceived impartiality; and
2) If Sullivan should disqualify himself as a party to the proceeding. pic.twitter.com/2cqmA8WhqR
— Techno Fog (@Techno_Fog) August 5, 2020
The court's order says Flynn's lawyers, the DOJ and Sullivan will each get 20 minutes to present their case.
Flynn was pleaded guilty to lying to investigators. However, he withdrew the plea, and a DOJ investigation revealed there was no foundation for the interview in which Flynn was accused of lying. The FBI already had a transcript of the telephone call at the center of the case. And unsealed evidence shows the FBI was prepared to drop the case for lack of evidence. But fired lead investigator Peter Strzok pressed ahead and set up the "ambush" interview at the White House. A memo shows FBI agents plotted before the interview to get Flynn to lie so he could be fired.
In a column published this week, Flynn urged Christians in America not only to pray but to take action as the nation witnesses "a vicious assault by enemies of all that is good, and our president is having to act in ways unprecedented in decades, maybe centuries."
"When the destiny of the United States is at stake, and it is, the very future of the entire world is threatened," Flynn wrote for the Western Journal.
Flynn's lawyers have argued Sullivan "has no interest" in continuing the case, since both the defendant and prosecutors want it dropped.
Flynn update -
Team Flynn has filed their opposition to Judge Sullivan's request for rehearing (appeal).
Judge Sullivan's efforts should be denied - he "has no cognizable interest in this case."
Full doc:https://t.co/aNlNi4doyA pic.twitter.com/GL0bQnYHsp
— Techno Fog (@Techno_Fog) July 20, 2020
The Gateway Pundit blog summarized: "Gen. Michael Flynn was lied to, set up multiple times before and after the Trump inauguration, excessively and to the point of illegally unmasked, targeted, ambushed in the White House, falsely accused, threatened with his son being indicted, provided corrupt legal counsel (the same firm where corrupt Obama former AG Eric Holder works), harassed for 3 years, belittled, slandered, besmirched by the judge, harassed by the judge, and then the attorneys going after him were the same attorneys who represented the corrupt Sally Yates who lied and told President Trump General Flynn lied."
Flynn's case was triggered by special counsel Robert Mueller's Russia-collusion probe.
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