Harry Litman tweeted:
Appeals court tells Sullivan to drop Flynn case, in 2-1 divided opinion written by Trump appointee. Stay tuned for request to full court of appeals to rehear it.
— Harry Litman (@harrylitman) June 24, 2020
Norm Eisen had his usually spot-on take:
Just finished the Flynn decision.
It is an excrescence, as the dissent points out. It guts one of the most important safeguards of our democracy: an independent judiciary.
Sullivan should seek en banc review. He will win if he does–the opinion is that weak.
— Norm Eisen (@NormEisen) June 24, 2020
Glenn Kirschner saw the bright side of this ruling as the next non-corrupt DOJ being able to charge Flynn with all the crimes that he’s committed:
Silver lining? Flynn can now be charged with ALL crimes come January, including the other felonies he admitted to in the Statement of Offenses in this case AND the prosecutors will not have to fight to undo a corrupt Trump pardon (and no 6-month cap). https://t.co/0Q6NGn1iMG
— Glenn Kirschner (@glennkirschner2) June 24, 2020
The decision was written by a judge who the ABA deemed not qualified:
Neomi Rao, who was rated not qualified by the bar association, wrote the Flynn decision.
Some of her greatest hits:
– A President shouldn't be investigated until after he's impeached.
– Women should drink less if they don't want to get raped.
She doesn't belong on the bench.
— Nick Jack Pappas (@Pappiness) June 24, 2020
When all the pieces are put together what emerges is a sham decision that will fall apart when it is heard by the full appeals court. Trump will crow about today’s news because he is still fighting the ghosts of the 2016 election instead of trying to win 2020, but this victory is expected to be short-lived, and as was pointed out above if the decision does somehow stand, the Biden DOJ will have the door wide open to charging Mike Flynn with all of the felony counts that he should be facing today.
Mike Flynn will regret the “help” that he got from Donald Trump.
Mr. Easley is the founder/managing editor and Senior White House and Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association