Comments by "gary K" (@garyK.45ACP) on "Fox Business"
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Actually, the Supreme Court does NOT have that power. The Federal District Court can remove the judge FROM THIS CASE and assign another Judge TO THIS CASE, but only an impeachment can remove a sitting judge.
The Supreme Court WILL NOT, and should not, interfere at this point.
If the Appeals court refuses to hear his case "en banc" and Sullivan does not dismiss the case...as he has been ORDERED to do, then it is likely the Appeals Court WOULD assign another Judge to the case. All of that will take TIME.
How will it play out?
1. Most likely the Circuit Court will deny Sullivan's petition. They have already ruled in similar cases, there is no need to reinvent the wheel. The court will deny the petition, citing precedent.
2. Sullivan will ignore the order to dismiss. Just ignore it. Do nothing.
3. Then, after a reasonable period (probably 30 days), Flynn's attorney will file a request to have Sullivan removed and a new judge assigned. In another 30-60 days the Circuit Court will rule on that motion.
OR
4. The Circuit court COULD, on their own or by a cross filing by Flynn's attorney, deny Sullivan's motion AND assign another judge in one ruling, and they MAY if they consider his actions to be slow walking justice for an innocent man. That would be the best case.
The law is NOT "self enforcing". No one "has to do" anything just because the law says that is what they are supposed to do. Each and every court order is subject to "due process" by specific court action. Each action requires a motion, or petition, by an interested party and then takes time to be ruled upon. It is ALWAYS like this, in every court case. This is why cases can take YEARS to be resolved.
Please try to remember, it is the INTENT of Judge Emmet Sullivan to FORCE President Trump to pardon Flynn. Why? Because it would spare the DOJ and FBI the embarrassment of having the case dismissed. Have you read the dismissal order? It sounds like an indictment of James Comey! If the Judge is FORCED to sign it, it will damage the FBI and DOJ.
IF Flynn is pardoned, Sullivan is "off the hook" and so is the DOJ and FBI in the case. NO! We WANT the DOJ and FBI to be embarrassed and pounded into the ground and THEN pardon Flynn so no one can dream up new charges against him
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@ExtraordinaryLiving They may be lazy, but they are not stupid. I live in Florida. The state unemployment maxes out at $275/week. But the Federal PEUC pays the maximum state benefit PLUS $300/week for not working. Add to that all the other benefits a person can get if unemployment is their only income...food stamps are maxed out until September, for example.
IF they work, even a little, their earnings are deducted, dollar for dollar, from their UI benefits. If they earn even $1 more than $275 for a week (before tax!), they also lose the $300 Federal benefit for that week.
Add it all up and retail workers that get $10-13/hour before tax, $400-520/week are getting, minimum, $575/week to go fishing. Imagine what they get in other states!
AND the government just exempted $10,200 of their unemployment benefits for 2020 from income tax, waived the need to repay excess tax credits for Obamacare, AND they do not even have to do a work search (Gov. DeSantis says they will have to start doing that in June)
The government does everything they possibly can to disincentivize work. UNLESS a person is making...wait for it...$15/hr. or more.
Hmmm...what was that minimum wage the Democrats wanted? 🤔
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@trombone79 No one will prosecute. But that is NOT the question before the Court at this time. Sullivan has not ruled on the case.
This case regards Flynn's Writ of Mandamus which requested the DC Circuit Court (Sullivan's "Boss") to FORCE Sullivan to rule in Flynn's favor. The three judge panel GRANTED the Writ and ORDERED Sullivan to dismiss the case, citing precedent in both the DC Circuit and the Supreme Court.
Sullivan then asked for the case to be reheard by the full DC Appeals Court, "en Banc". The Court could have denied his request and ordered him to dismiss OR remove him from the case and assign it to another judge...but they didn't.
They decided to hear his arguments en Banc. The dissenting Judge of the three judge panel was of the opinion that Sullivan should be allowed to rule and THEN Flynn could appeal the case IF the ruling was against him. The dissenting judge suggested that the Writ was premature. IF a majority of other judges agree, then the case goes BACK to Sullivan to rule. If Sullivan does not dismiss the case (he still could) THEN Flynn would have to wait for Sullivan's ruling and appeal THAT through the process. And YES, it could take a long time. And YES, that is Sullivans goal, to TAKE a long time and FORCE President Trump to pardon Flynn which would allow Democrats, forever, to say "Flynn is guilty", it would prevent the corruption at the DOJ and FBI from being adjudicated and it would prevent Flynn from having grounds to SUE the government.
He will most likely LOSE that also as there is solid precedent to support the Writ of Mandamus.
DO NOT PARDON FLYNN!!!!!! Be patient, he WILL WIN.
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