Episode: Full DC Appeals Court hears Flynn's case. Judges critical of arguments by Flynn & Barr/DOJ lawyers.

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Full DC Appeals Court hears Flynn's case. Judges critical of arguments by Flynn & Barr/DOJ lawyers.

The D.C. Circuit Court of Appeals heard arguments en banc (before all appellate court judges) in the Mike Flynn case. Bill Bar has joined forces with Mike Flynn's defense attorneys in an effort to dismiss Flynn's case. Together, they are trying to prevent Judge Sullivan from holding a hearing into the reasons the Department of Justice seeks to dismiss Flynn's case after Flynn pleaded guilty and the former prosecution team told the court there was ample evidence (beyond a reasonable doubt) to convict Flynn if he chose to go to trial. 

Flynn's lawyer, Sydney Powell, did not fare well at today's hearing, as the majority of judges were critical of her argument that Judge Sullivan should not be permitted to hold a hearing on DOJ's motion to dismiss Flynn's case. 

Beth Wilkinson, the attorney representing Judge Sullivan in the hearing, was precise, concise and compelling, arguing that Flynn (and Barr) can't appeal a decisions that Judge Sullivan has yet to make (whether or not to dismiss Flynn's case). 

Acting Solicitor General Jeff Wall actually argued that, even if the judge was aware that a defendant bribed a prosecutor to dismiss the case, the judge would be prohibited from inquiring into the circumstances of the dismissal. This argument should go down in history as a low point in oral advocacy by a Solicitor General who is supposed to uphold the rule of law and represent the interest of the American people. Here's my review of today's court arguments.

Justice Matters with Glenn Kirschner
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