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Glenn Kirschner:Mike Flynn & Bill Barr Lose in DC Appellate Court, Case Returned to Judge Sullivan for a Hearing


Sept 01, 2020

The DC Federal Circuit Court of Appeals rejected Mike Flynn and Bill Barr’s desperate attempt to stop Judge Emmet Sullivan from holding a hearing to look behind Bill Barr’s curtain of injustice. Of the ten appellate court judges who heard the case, eight decided the issue against Flynn and Barr. Writing the opinion for the majority, Judge Thomas Griffith (a George W. Bush appointee) said appellate courts do not hear appeals until the trial court judge rules and the case is over. Judge Griffith added that this is how the appellate courts have operated “since the beginning of the Republic.” Trump appointee Judge Naomi Rao dissented, apparently wanting to do things differently that the courts have done them since the beginning of the republic. Judge Rao wanted to do things the way Donald Trump and Bill Barr want to do them (that is: to dismiss Mike Flynn’s guilty plea rather than allowing Judge Sullivan to get to the bottom of Bill Barr’s attempted this miscarriage of justice.)

About Glenn Kirshner

Glenn Kirschner brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. Glenn is an NBC News and MSNBC legal analyst and teaches criminal law at George Washington University.

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