In an extraordinary move, General Flynn’s attorney made a motion for a writ of mandamus to the D.C. Circuit Court of Appeals.
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On today’s Jay Sekulow Live we discussed the breaking news that General Flynn’s attorney filed an emergency appeal to the DC Circuit Court of Appeals. The appeal asks the Court to remove the current judge from the case and grant the DOJ’s motion to dismiss.
General Flynn’s Attorney, Sidney Powell, said the following on Fox News:
“I wish I knew what was going on with Judge Sullivan. I can’t say that I do, other than he has gone way out into left field by himself, as we say in our mandamus petition. This notion that he can appoint an amicus for himself and solicit other amicus briefs and not rule on our motion on the government’s motion to dismiss, which we consented to.
The law is clear; there’s a new Supreme Court decision, unanimously decided just within the last two weeks, that makes it clear that he cannot invite the amicus briefs that he has. He does not have that authority as a district court judge. And then there are Supreme Court and D.C. Circuit cases that make clear he must grant the motion to dismiss that the government made. It’s a case and controversy issue under the Constitution, a separation of power issues under the Constitution. And the law is clear. He doesn’t have authority to grant it. He can’t appoint the prosecutor himself.”
There was in fact a recent Supreme Court decision that came out just about two weeks ago. It came out just before I made the argument, in my outside private capacity as attorney to President Trump, on the cases involving the subpoenas. What’s really fascinating about this is it was unanimous, 9-0. It basically said that what Judge Sullivan is doing, as district court judge, he cannot do. In other words, the parties litigate cases before them, not third parties at the district court level during a criminal proceeding. That is precisely what’s happening in the way Judge Sullivan is moving the Flynn case forward.
We also discussed another interesting fact that I think is significant. Former FBI Director James Comey has not sent out a tweet since May 7th.
Thann Bennett made the following point:
“Maybe he’s finally wizened up and decided to keep silent. I would have suggested that he probably should have done that a long time ago.
That January 5th White House meeting we’ve talked so much about, former FBI Director James Comey was the only holdover there. In other words, he was the only one that was going to continue on to the next Administration and the newly declassified email from former National Security Advisor Susan Rice that she decided to write after the fact to memorialize the meeting shows that former FBI Director James Comey clearly planned to continue this mission, continued to plan to withhold information from General Flynn even though he admitted he was not aware of any wrong of General Flynn. The most interesting thing to me about that whole fact is he was going to continue doing that while at the same time intentionally leaking memos that he wrote to himself about meetings with the incoming President. If I were former FBI Director James Comey, I’d probably have an attorney. Guess what I’d probably be doing? I probably wouldn’t be saying anything.”
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