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Appeals Court Orders Judge To Dismiss Case Against Michael Flynn

A divided federal appeals court panel ordered an immediate end on Wednesday to the case against Michael T. Flynn, President Trump’s former national security adviser — delivering a major victory to Mr. Flynn and to the Justice Department, which had sought to drop the case.
In the ruling, two of three judges on a panel for the Court of Appeals for the District of Columbia ordered the trial judge overseeing the matter, Judge Emmet G. Sullivan, to immediately dismiss the case without further review. The third accused his colleagues of “grievously” overstepping their powers, and the full appeals court has the option of reviewing the matter.
The order — a so-called writ of mandamus — was rare and came as a surprise, taking its place as yet another twist in the extraordinary legal and political drama surrounding the prosecution of Mr. Flynn, who twice pleaded guilty to lying to F.B.I. agents in the Russia investigation about his conversations in December 2016 with the Russian ambassador to the United States.
Trump fired Flynn in early 2017 for lying to Vice President Pence and other colleagues about what he and the Russian ambassador discussed in December 2016. Flynn then agreed to cooperate with the investigation led by Special Counsel Robert Mueller and plead guilty to one count of making a false statement when F.B.I. agents had questioned him about the conversations. But after pleading guilty, he reversed course last year and sought to withdraw his guilty plea.
Russia protects Trump. Trump protects Russia. Flynn protects Russia and Trump. Barr protects Trump, Russia and Flynn. Trump loyalist judge protects Trump, Russia, Flynn and Barr. Russia keeps protecting Trump. Textbook banana republic corruption.
— Evan McMullin (@EvanMcMullin) June 24, 2020
I don't give a fuck about the spin from right wing pundits in regards to Strzok & James Comey. Michael Flynn still lied under oath.
— David Weissman (@davidmweissman) June 24, 2020
No amount of gaslighting will change the fact that Michael Flynn broke the law, admitted to it, and was let off ONLY because he’s friends with the President.
— Mrs. Krassenstein (@HKrassenstein) June 24, 2020
Former Judge Calls DOJ Attempt To Drop Flynn Charges ‘Gross Abuse Of Power’

“The Government has engaged in highly irregular conduct to benefit a political ally of the President,” the ex-judge, John Gleeson, wrote in a scathing legal filing opposing the proposed dismissal. Trump has strongly criticized the prosecution of Flynn.
Gleeson, who was assigned by the judge in Flynn’s case to advise him on several questions, also wrote that the retired Army lieutenant general “has indeed committed perjury” in his statements to the case judge during proceedings in the case, “for which he deserves punishment.”
But Gleeson added that while federal Judge Emmet Sullivan has the power to hold Flynn in criminal contempt for perjuring himself during a plea hearing and another hearing conducted by Sullivan, the judge should “not exercise that authority.”
“Rather, [Sullivan] should take Flynn’s perjury into account in sentencing him on the offense to which he has already admitted guilt,” Gleeson wrote in a filing in U.S. District Court in Washington, D.C.
Twice under oath, Flynn admitted to lying to FBI agents about his discussions with Russia’s ambassador to the United States prior to Trump’s inauguration. In the end, all of this won’t matter. Trust and believe, the Donald will issue a pardon for Flynn. #LockHimUp
Judge Gleeson calls DOJ “corrupt” and abusing power in dismissing Flynn case. Bill Barr may be the most corrupt AG in America history. Certainly worse than Nixon’s John Mitchell. https://t.co/iZrjVmwnEd
— John Dean (@JohnWDean) June 10, 2020
News Round-Up: May 14, 2020

Mitch McConnell is backed into a corner and forced to admit he lied about the Obama administration not leaving a pandemic plan, on Fox.pic.twitter.com/dQCNro43XS
— Joshua Potash (@JoshuaPotash) May 14, 2020
Trump: ‘I Was Being Sarcastic About Injecting Disinfectant’
After Donald Trump suggested during a White House press briefing on Thursday that perhaps medical experts should look into some sort of “injections” of “disinfectant” might be a possible treatment for COVID-19, Trump walked those remarks back saying he was just being ‘sarcastic.’ “I was asking it sarcastically to reporters just like you to see what would happen,” Trump said in the Oval Office today. You can see the Trumpster pull the ‘sarcastic’ card in the first tweet below along with his video of his actual comments during yesterday’s press briefing where he clearly directed his questions about disinfectant to his medical experts.
Here's a mashup of Trump claiming today he was just asking "a very sarcastic question to the reporters in the room" when he mused about disinfectant injections as a possible coronavirus miracle cure, followed by the original clip showing beyond a doubt that he was not doing that. pic.twitter.com/wby4ucd59Q
— Aaron Rupar (@atrupar) April 24, 2020
“I was asking a sarcastic, & a very sarcastic question, to the reporters in the room about disinfectant on the inside. But it does kill it.” — Trump tries to rewrite history, says he was speaking “sarcastically” when he mused about disinfectant injections being cure for Covid. pic.twitter.com/bWRU8EV6FZ
— Aaron Rupar (@atrupar) April 24, 2020
Fox host: Trump says he was being sarcastic when he talked about injecting disinfectants. Your thoughts? Bret Baier: “Well, that’s not how it looked in the briefing… it didn’t seem like it was coming off as sarcastic when he was talking and turning to Dr. Birx on the side” pic.twitter.com/XbdJXLg2WT
— Justin Baragona (@justinbaragona) April 24, 2020
Asked about his comments about injecting disinfectant, Trump says, “I was asking a question sarcastically to reporters like you, just to see what would happen.” That’s just a lie. Here’s the transcript. pic.twitter.com/uLx0KnPTZ6
— Daniel Dale (@ddale8) April 24, 2020
Not sure about you, but I definitely ran to the market and bought new smoothie ingredients, as suggested by the Asshat-In-Chief. 🤦🏽♂️ Adirondack Waterfall sounds good, right?? pic.twitter.com/PqT7pEcMEV
— Steven Canals (@StevenCanals) April 24, 2020
I had to. pic.twitter.com/AgfaeIZl0M
— Jim Swift (@JimSwiftDC) April 24, 2020
Judge Rules No New Trial For Trump Confidante Roger Stone

The federal judge overseeing the criminal case against Roger J. Stone Jr. refused on Thursday to grant him a new trial, rejecting the defense’s argument of juror misconduct that President Trump has also repeatedly trumpeted.
Judge Amy Berman Jackson of the United States District Court in Washington ordered Mr. Stone to surrender to the federal Bureau of Prisons as soon as he is notified to do so. She also released him and his lawyers from a gag order she imposed months ago.
The judge’s decision appears to end one of the most politically fraught federal criminal cases in recent years. In a last-ditch effort to keep their client out of prison, Mr. Stone’s lawyers had claimed that the jury forewoman had improperly concealed a bias against Mr. Stone, justifying a new trial.
The jury convicted Mr. Stone, 67, in November of seven felonies for an attempt to thwart a congressional inquiry that threatened his longtime friend Mr. Trump, and Judge Jackson sentenced him in February to 40 months in prison.
Additionally, CNN reports, “All 12 of Roger Stone’s jurors wrote in a series of powerful, anonymized statements this week that they feel harassed, afraid and do not want more information about them revealed to the public, especially after President Donald Trump and right-wing media criticized them for their conviction of the longtime Trump friend.” Donald Trump is certain to pardon Stone. Mark my words.
Fact-Check: Trump Says U.S. Has ‘Best’ COVID-19 Testing System (Nope)

During a White House press briefing, Donald Trump said the U.S. doesn’t need nationwide testing before sending people back to work. Watch CNN’s Jim Acosta challenge President Trump on his COVID-19 testing claim.
The U.S. does not have the ‘best’ testing system. As of April 1, dozens of countries have far higher testing rates including Germany, Italy, Norway, S. Korea, Canada, Australia, & Estonia.
The White House had promised to conduct 27 million tests by the end of March. As of April 9, Trump himself told the press only 2 million tests had been administered. Based on those 2 million tests, the U.S. is testing approximately 6 people per thousand. Countries like South Korea and Germany are triple that rate. In the same exchange between Acosta and Trump, the Donald told the CNN journalist, “You shouldn’t be asking that kind of a question … it is very insulting to a lot of great people.” Journalists ask questions. It’s literally their job. People who are on point don’t get defensive when asked questions. They have answers.
Trump Goes On Attack After Question About Jared Kushner’s “Our Stockpile” Comment
On Thursday, Donald Trump’s son-in-law Jared Kushner (you know, the one solving the Middle East conflict) made a perplexing remark about the stockpile of medical equipment housed by the federal government. “The notion of the federal stockpile was it’s supposed to be our stockpile,” Kushner said. “It’s not supposed to be state stockpiles that they then use.” Folks were confused as to what differentiates the federal “our” stockpile from what would/should be used by states. It almost sounded like Kushner was saying the stockpile was for the Trump clan or the Trump administration to do with it as they wished. The federal government IS the United States of America. It exists primarily to keep the citizens of all states and U.S. territories safe. If the stockpile isn’t meant for states to use, then who would be using it? And why is anyone at this point in time even using the word “OUR” in regard to anything? Then on Friday (via CBS News):
When CBS News White House correspondent Weijia Jiang pressed the president on what Kushner meant by “our,” he dismissed the question as a “gotcha.”
“‘Our, our’ — it means the United States of America,” the president said.
Mr. Trump said the stockpile is needed for the “federal government,” to keep for the country “because the federal government needs it, too, not just the states.”
The president accused Jiang of using a “nasty” tone in her question.
Governors have implored the president to provide them more ventilators and other much-needed equipment, but the president has repeatedly put the blame on the states for not stocking up on the equipment themselves.
Basically, Kushner misspoke. And in the Trump administration handbook, rather than say, “He misspoke,” everyone has to act like the response was “perfect” and they are stuck defending a stupid comment.
WATCH: @weijia presses President Trump on Jared Kushner’s comment that the federal stockpile is not meant for states https://t.co/b9FtmY5sM4 pic.twitter.com/IWfuxXPb7Q
— CBS News (@CBSNews) April 3, 2020
Trump Extends Shutdown Guidelines Past ‘Aspirational’ Easter Target
Donald Trump announced an extension of his administration’s “15 days to slow the spread” shutdown guidelines for 30 more days as the reality of increasing coronavirus infections and deaths set in. Public health officials and governors had urged him to change course from lifting the shutdown on Easter Sunday. Via Axios:
The president set April 30 as the new deadline for the social distancing guidelines in a Sunday evening briefing from the White House.
Driving the news: With the original 15-day period that was announced March 16 about to end, officials around the country had been bracing for a premature call to return to normalcy from a president who’s been venting lately that the prescription for containing the virus could be worse than the impacts of the virus itself.
“We had an aspiration” of Easter, Trump said, but when he heard the numbers of potential deaths, he realized he couldn’t push a reopening of the economy as soon as he previously had foreshadowed.
Trump explained his turnaround by saying his government’s modeling shows the peak death rate will likely come in two weeks. He said that 2.2 million people could die if the government did nothing and the public didn’t do the social distancing. “Nothing would be worse than declaring victory before the victory is won,” he said.
Breaking: Dr Fauci, speaking after President Trump, says the risk of hundreds of thousands deaths in US from coronavirus has prompted the extension of restrictions to April 30th in the hope of bringing these numbers down.
— Paul Danahar (@pdanahar) March 29, 2020
President Trump says he doesn’t believe floating Easter Sunday as a day to ease guidelines was not a mistake because it was “aspirational.” Now, he says Easter should be the “peak” of the coronavirus outbreak in the United States.
— Yamiche Alcindor (@Yamiche) March 29, 2020