Friend of the court briefs are filed and oral argument is June 12 in the Michael Flynn mandamus action


By Robert Willmann

Oral argument is set for this Friday, 12 June, at 9:30 a.m. on the petition for a writ of mandamus filed by Gen. Michael Flynn in the federal Court of Appeals for the District of Columbia Circuit.  The action filed in the appellate court on 19 May 2020 was a new proceeding which asked that an order be issued directing the trial court Judge Emmet Sullivan to grant the request filed by the government to dismiss the criminal case against Flynn–

The public attention that has developed about the prosecution of Flynn, and the issues of what discretion a trial court judge has to deny a motion by the government to dismiss a case it brought, and whether a judge can seek to initiate a criminal contempt of court proceeding against a defendant who seeks to withdraw a plea of guilty, have combined to attract written arguments from lawyers not directly involved in the case as "friends of the court" (amicus curiae).  The court of appeals has agreed to allow 11 of those briefs to be filed; seven of them support Flynn's position and four support what Judge Sullivan has done.

Responses to the petition were filed for Judge Sullivan and for the federal government on 1 June 2020.

Any reply by Flynn and any further response by Sullivan or the Department of Justice for the government are to be made by 5:00 p.m. today.

The clerk's office for the court of appeals said that the oral argument may be done remotely by video conferencing, telephone hookup, or a similar arrangement, because of the situation with the SARS-CoV-2 virus.  The arguments are often streamed live on the Internet, but because the hearing might be done remotely, it may not be available live.  However, an audio recording is done of the argument and it may be available at some point Friday afternoon.


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8 Responses to Friend of the court briefs are filed and oral argument is June 12 in the Michael Flynn mandamus action

  1. exiled off mainstreet says:

    It is an obvious travesty of justice not to dismiss the case, and Sullivan and his cohorts have gone extra-legal.

  2. Keith Harbaugh says:

    One place to obtain the briefs and replies seems to be at Sidney Powell’s website, at its page
    How nice and generous it is that she provides this information for free.
    I have not found it at courtlistener.

  3. blue peacock says:

    Judge Sullivan’s lawyer Beth Wilkinson is arguing that the Writ of Mandamus should be denied because Sullivan has not yet ruled on the motion of the government to dismiss the prosecution of Flynn. That it is his court’s prerogative to evaluate the motions. And that both Flynn and the government have remedies by appealing his judgment.
    The government and Flynn are arguing that Sullivan has to accept the government’s motion to dismiss because it is the prerogative of the executive branch to determine who gets prosecuted.
    Will this head to the supreme court?

  4. J says:

    DoJ push to dismiss Michael Flynn case a ‘gross abuse of power’, ex-judge finds
    A former federal judge appointed to review the justice department’s motion to dismiss criminal charges against former national security adviser Michael Flynn has found that the government’s request should be denied because there is “clear evidence of a gross abuse of prosecutorial power”. Former US district judge John Gleeson said in a filing on Wednesday that the government “has engaged in highly irregular conduct to benefit a political ally of the president”.

  5. Bill H says:

    CBS Evening News reported on this, and presented it with an aura of running victory laps as if a court SUPERIOR to that of Sullivan issued a ruling supporting Sullivan’s actions and committing Flynn to prison, and implying that Flynn’s next step is further appeal to a higher court yet.
    I knew that was false because I have been following the issue here, but I wonder how many Biden fanboys were applauding with a sense of some sort of victory.

  6. Keith Harbaugh says:

    For a very effective rebuttal to the Gleeson “brief” to Judge Sullivan, see

  7. Keith Harbaugh says:

    Margot Cleveland gives an excellent, nine-point dissection of the Gleeson brief here:

  8. Keith Harbaugh says:

    The oral arguments for the Flynn writ of mandamus will be made at 1330 UTC (9:30 AM EDT) today.
    Sidney Powell has kindly provided (in an email to her subscribers) two URLs which make it possible to listen to this arguments in real time:
    Also something at YouTube, but that doesn’t seem to copy.
    You can visit YouTube and try and find it yourself.

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