May 22, 2020, Fairfax, Va.—Americans for Limited Government President Rick Manning today issued the following statement responding to the DC Circuit Court of Appeals decision to give Judge Emmet Sullivan 10 days to respond to the former National Security Advisor Michael Flynn’s writ of mandamus to dismiss his case at the Justice Department’s urging:
“US v Fokker Services was decided by the same DC Circuit Court of Appeals four years ago covering the very same issue that Judge Sullivan is raising in his attempt to allow third party entities to inject themselves into a criminal matter when they disagree with prosecutorial decisions. For point of information: Sullivan’s position is directly counter to the ruling in Fokker.
“Sullivan will now have to either argue that the Fokker decision is wrong and should be overturned or he will have to argue that the Flynn case is substantially different than Fokker. To make this argument, he will likely need to rely upon a public interest argument based upon the political nature of the criminal case, effectively subjecting anyone in the political spectrum to a politicized trial rather than the traditional trial of their peers. It is important to note that the Court did not invite outside groups to argue for or against Sullivan’s position, effectively taking the position that only those with standing can weigh in: Flynn, DOJ, if they wish and they should, and Sullivan.
“The clear objective of the Sullivan attempt to ignore settled law was to delay the outcome of the Flynn case until after the November election in the hopes that should the President lose, the DOJ decision would be changed by the newly elected President’s Justice Department. The legal maxim which many believe was coined by mid-19th century British Prime Minister William Gladstone that justice delayed is justice denied definitely applies to the legal abuse of Lt. General Michael Flynn. After all the lies, obfuscations and cover ups by the FBI and Obama Justice Department holdovers, the only just decision for the DC Circuit Court of Appeals is to rebuff Judge Sullivan and either demand that he sign the dismissal or remove him entirely from the case. Of course the latter outcome would further delay the inevitable dropping of the case and further aggrieve an American hero who made the mistake of wanting to serve as National Security Advisor to President Donald Trump.
“It is time to free Mike Flynn.”
Interview Availability: Please contact Americans for Limited Government at 703-383-0880 ext. 1 or at media@limitgov.org.
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