What does a TRUMP presidency look like?

[Oexmelin]

Faculty of George Washington University's Law School, of which Barr is an alumni, is asking for Barr to be censured by Congress and investigated by the Justice Department's Inspector General.

[Berkut]

In a 2-1 decision, and appeals court just ruled that the DOJ should be allowed to throw out Flynn's conviction. Both the 2 voting in favor were Republicans.

See, this stuff works!

[Razgovory]

Okay Valmy, you guys need to take back Louis Gohmert.

[Valmy]

Okay Valmy, you guys need to take back Louis Gohmert.

It was a cool trick to somehow get the stupidest man in Texas to move to DC.

[frunk]

Okay Valmy, you guys need to take back Louis Gohmert.

It was a cool trick to somehow get the stupidest man in Texas to move to DC.

There's been a massive flow of stupid into DC for the past 3 1/2 years.

[grumbler]

In a 2-1 decision, and appeals court just ruled that the DOJ should be allowed to throw out Flynn's conviction. Both the 2 voting in favor were Republicans.

See, this stuff works!

All the grifters are pulling in one direction, for a change.

[The Minsky Moment]

You don't see a lot of mandamus grants, unless you are reading histories of Marbury v. Madison. And you really don't see a lot of judicial opinions where the majority opinion dedicates half the opinion responding to the dissent.  Not exactly an expression of confidence.

[The Minsky Moment]

From a summary of the oral argument in Flynn's mandamus app:

Judge Henderson steps in: If Sullivan had just kept this motion waiting and languishing, that would be one thing, she suggests. But he has set a hearing for mid-July. For all we know, he may just grant the motion to dismiss then. Isn't this discussion premature?  . .

Why can't we hold this matter in abeyance and see whether that happens, asks Henderson.  . .

Henderson returns to her theme that the matter is premature. Going ahead and mandating the granting of the motion to dismiss would harm the regular order, she says. Mandamus is a drastic remedy. .. So, Henderson says, there is no precedent that allows the appeals court to move without an order, and given how drastic mandamus is, why should it not observe the regular order and allow Sullivan to rule first? . .

Henderson does not seem convinced. Sullivan is "an old hand, an excellent trial judge," she says. He may ignore the advice of the amicus and grant the motion to dismiss. Why shouldn't he be allowed to take that route if he wants to?

Judge Henderson raised some excellent points that weren't really answered. Flynn's lawyers argued that it wouldn't be appropriate for the District Judge to deny the government's motion to dismiss the case.  But the District Judge never denied the motion, he just requested briefing on it.  It is unheard of for an appeals court to issue a writ of mandamus to a District Judge before the District Judge has acted  issued simply because the district judge is considering briefing on an issue, particularly where the governing statute says that the government's motion to dismiss requires "leave of court." 

Yet Henderson joined the majority opinion granting mandamus . . .

[viper37]

Trump kept going on about "Obamagate", but never actually said what it is he thought Obama did - what crime he committed.  So being asked a few times about this he finally said "traitor".

I'm sure he wished he could have said another word instead, that ends with the same sound but begins with an 'n' sound.

what? negator?  narrator? neototaller? don't leave us hanging like this!!

[Caliga]

 

[viper37]

From a summary of the oral argument in Flynn's mandamus app:

Judge Henderson steps in: If Sullivan had just kept this motion waiting and languishing, that would be one thing, she suggests. But he has set a hearing for mid-July. For all we know, he may just grant the motion to dismiss then. Isn't this discussion premature?  . .

Why can't we hold this matter in abeyance and see whether that happens, asks Henderson.  . .

Henderson returns to her theme that the matter is premature. Going ahead and mandating the granting of the motion to dismiss would harm the regular order, she says. Mandamus is a drastic remedy. .. So, Henderson says, there is no precedent that allows the appeals court to move without an order, and given how drastic mandamus is, why should it not observe the regular order and allow Sullivan to rule first? . .

Henderson does not seem convinced. Sullivan is "an old hand, an excellent trial judge," she says. He may ignore the advice of the amicus and grant the motion to dismiss. Why shouldn't he be allowed to take that route if he wants to?

Judge Henderson raised some excellent points that weren't really answered. Flynn's lawyers argued that it wouldn't be appropriate for the District Judge to deny the government's motion to dismiss the case.  But the District Judge never denied the motion, he just requested briefing on it.  It is unheard of for an appeals court to issue a writ of mandamus to a District Judge before the District Judge has acted  issued simply because the district judge is considering briefing on an issue, particularly where the governing statute says that the government's motion to dismiss requires "leave of court." 

Yet Henderson joined the majority opinion granting mandamus . . .

Since the government has dropped charges, double jeopardy doesn't apply, right?  Theoritically, could another administration decide to renew the case?

[The Minsky Moment]

I believe jeopardy attaches once a jury is empaneled but I'd have to check the case law to be sure.  Another consideration is that Flynn did a deal for a reason - namely, to evade criminal exposure he and has son had with their dodgy dealings with Turkey and others.  That could be brought up again, although limitations periods are running . . .

[viper37]

Ok, thanks for the answer Minsky. 

Now, everyone, watch the news ads by the Lincoln Project, I've never laughed so much in a political ad
https://youtu.be/NOI3ycbaCaE

And:
https://twitter.com/ProjectLincoln/status/1275042854537134080

[Tonitrus]

I actually think that's a pretty terrible ad...feels like it's slouching down to Trump's level.

[Admiral Yi]

I try to play and immediately get bumped to an SNL sketch.