Comey and Mueller

Joe Fan said:
The DC Circuit will rehear the appeal of the wayward trial court judge in the Flynn matter. The decision was made by 8 Dem appointees and 2 Rep appointees. The 11th judge, a Republican, refused to participate
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How does this work? If the majority go against him what will happen?
 
Garmel said:
How does this work? If the majority go against him what will happen?
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It means there will be a rehearing by the full circuit. The prior 2-1 decision is vacated.
On the law, they will be in the very difficult position of being trapped by their own recent prior opinion.
 
Garmel said:
I don't have faith. 7 dems with only 3 reps are not good odds. Perhaps I'll be surprised. Btw, what happens if it ends up with a 5-5 tie?
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I thought they had 11 on the DC circuit
i will have to check that
You can see from the order they were trying to avoid their own precedent - which is awful
Roberts always argues their are no political divides on the Cir Courts - this case might be the slap upside the head he needs
 
Joe Fan said:
I thought they had 11 on the DC circuit
i will have to check that
You can see from the order they were trying to avoid their own precedent - which is awful
Roberts always argues their are no political divides on the Cir Courts - this case might be the slap upside the head he needs
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One judge stepped aside because he worked with Mueller I believe. Only 10 will be on this case.
 
Garmel said:
One judge stepped aside because he worked with Mueller I believe. Only 10 will be on this case.
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Then the order to vacate would be lifted or become invalid (I think)
Although you would probably still get a majority to agree at least on how to deal with that
 
Joe Fan said:
Then the order to vacate would be lifted or become invalid (I think)
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Question is can we find 2 dems here that have integrity? I mean, how much more exculpatory evidence does a judge need to see that this Flynn case stinks. Sullivan has proven himself to be either corrupt or a complete idiot. Probably a little of both.
 
Garmel said:
Question is can we find 2 dems here that have integrity? ....
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Joe Fan said:
I thought they had 11 on the DC circuit. I will have to check that
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There are 11 active judges on the DC Circuit, but one is recused. A 12th has been appointed and confirmed but his term doesn't start until September 1. link

Garmel said:
Btw, what happens if it ends up with a 5-5 tie?
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The DC Circuit Local Rule 35(d) provides "If the en banc court divides evenly, a new judgment affirming the decision under review will be issued." link Thus, the Court would affirm Judge Sullivan's refusal to dismiss charges against Flynn and the prosecution would continue (subject, of course, to SCOTUS review).

However, if the case is held up until September 1, I think the new Circuit Judge would be able to cast a deciding vote.

One potential outcome -- the en banc panel affirms 5-5. Later, one of the judges from the DC Circuit (Merrick Garland??) is appointed to SCOTUS, and has to recuse there. SCOTUS affirms 4-4. The prosecution would survive by the skin of its teeth at every level.
 
NJlonghorn said:
There are 11 active judges on the DC Circuit, but one is recused. A 12th has been appointed and confirmed but his term doesn't start until September 1. link



The DC Circuit Local Rule 35(d) provides "If the en banc court divides evenly, a new judgment affirming the decision under review will be issued." link Thus, the Court would affirm Judge Sullivan's refusal to dismiss charges against Flynn and the prosecution would continue (subject, of course, to SCOTUS review).

However, if the case is held up until September 1, I think the new Circuit Judge would be able to cast a deciding vote.

One potential outcome -- the en banc panel affirms 5-5. Later, one of the judges from the DC Circuit (Merrick Garland??) is appointed to SCOTUS, and has to recuse there. SCOTUS affirms 4-4. The prosecution would survive by the skin of its teeth at every level.
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Thanks for the info.
 
Garmel said:
Yates throws Comey under the bus. Says he went rogue in Flynn interview. Yates: Comey went 'rogue' with Flynn interview
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He husband was a major Obama donor
I would have treated her appearance much differently -- there are several questions we needed her to answer on the record
Compare and contrast how Graham handled his hearing (he let her testify from home) with how the House Dems treated Barr
 
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Supposedly they are going to be able to show US Govt money went to Ukraine, then back into a law firm in the US, then disbusred by the law firm into accounts controlled by at least one of the Bidens, possibly more than one.
I think this is something US politicians do, on both sides. It's one of the ways they go into the Congress worth $100k then come out worth $500M. So, even if they are not able to snag a Biden (or two) on this, if they can just simply shut this crap down, it will be a large victory for the US taxpayer
We will see

 
How is wish I did not believe this will just go away. I agree that it is both parties hence my doubt anything will come of it.
 
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