How is this even possible?
Source: Richard Moorhead
A Washington D.C. Court of Appeals denied Michael Flynn’s motion to dismiss the zombie charges of lying to the FBI against him, keeping judicial proceedings ongoing even after the Department of Justice has stated its intent to drop the prosecution of the retired general and former White House National Security Advisor.
The denial of Flynn’s writ of mandamus to replace Judge Emmet Sullivan and immediately end the trial proceedings places the trial back into the hands of the Clinton-appointed Democrat judge.
Sullivan is attempting to begin proceedings in which a private, retired judge will testify about the decision of the DOJ to drop charges against Flynn, a decision that was made after extensive misconduct on the part of the FBI in hopes of incriminating Flynn was revealed.
The Department of Justice is still unwilling to prosecute Flynn, and it’s unlikely that they’d flip again on the matter. Sullivan may be seeking to prolong proceedings as long as possible with the hopes of a reversal under a Democrat-controlled DOJ, in which the prosecution of Flynn would be placed in full throttle once again.
Judge Naomi of the DC Circuit Court of Appeals wrote a dissent slamming the irrelevance of Sullivan’s judicial investigation into the dropping of charges on the part of the DOJ.
“In Flynn’s case, the prosecution no longer has a prosecutor,” she wrote. “Yet the case continues with district court proceedings aimed at uncovering the internal deliberations of the Department.”
This is a nakedly political, and nearly unprecedented move on the part of the federal judiciary. The Department of Justice is responsible for the prosecution of federal criminal charges, not Democrat judges.