How Appealing



Tuesday, August 11, 2020

“Appeals court seems unlikely to order judge to immediately dismiss Michael Flynn’s case”: Ann E. Marimow and Spencer S. Hsu of The Washington Post have this report.

Charlie Savage of The New York Times reports that “Appeals Court Weighs Whether to Permit Inquiry Into Flynn Case Dismissal; A majority of the judges on a federal appeals court signaled that they may allow a court hearing into the Justice Department’s decision to drop the case.”

Byron Tau of The Wall Street Journal reports that “Justice Department Hints Decision to Drop Michael Flynn Case Came From Nonpublic Information; ‘It may be possible’ the attorney general had information he couldn’t share concerning former Trump national security adviser, says acting solicitor general.”

Kristine Phillips of USA Today reports that “Michael Flynn’s efforts to force federal judge to dismiss case faces a skeptical appeals court.”

Jeff Mordock of The Washington Times reports that “AG Barr sought to dismiss Flynn case based on ‘undisclosed’ evidence, DOJ attorney says.”

Eric Tucker of The Associated Press reports that “Appeals court seems wary of ordering dismissal of Flynn case.”

Jan Wolfe of Reuters reports that “Judges appear reluctant to immediately end case against Trump ex-aide Flynn.”

Erik Larson of Bloomberg News reports that “Michael Flynn Faces Skeptical Appeals Court in Case-Dismissal Fight.”

Pete Williams of NBC News reports that “Appeals court likely to let judge decide whether to drop Michael Flynn charges; The issue for the appeals court is whether Flynn’s lawyers jumped the gun by seeking a writ of mandamus instead of waiting for the judge to rule.”

Katelyn Polantz and Cat Gloria of CNN report that “Appeals court judges push back at request to dismiss Michael Flynn case.”

Ronn Blitzer of Fox News reports that “DC Circuit Court grills lawyers in Flynn case over whether case should be dropped; The full court heard the case after a panel ruled in Flynn’s favor.”

Dan Mangan and Kevin Breuninger of CNBC report that “Government lawyer suggests Attorney General Barr had secret reasons for dropping Michael Flynn criminal case.”

Josh Gerstein and Kyle Cheney of Politico reports that “Federal appeals court skeptical of Michael Flynn’s effort to immediately dismiss criminal charge; If the appeals court rules against Flynn, it’s likely to create a vivid pre-election spectacle.”

Harper Neidig of The Hill reports that “Appeals court appears wary of dropping Flynn charges.”

And Brandi Buchman of Courthouse News Service reports that “Flynn Argument Against Judge Falls Flat for Full DC Circuit.”

You can access via this link the audio of today’s three hour and forty-eight minute en banc oral argument of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 7:40 PM by Howard Bashman



“Woman Sentenced To 10 Years In Prison For Transportation Of A Minor With The Intent Of Committing A Criminal Sexual Act”: The U.S. Attorney’s Office for the District of Puerto Rico issued this news release back in September 2018.

Yesterday, the U.S. Court of Appeals for the First Circuit issued this decision vacating the defendant’s conviction and remanding for a new trial.

The opinion of the court begins, “Once again, we are called upon to explain how a federal government in which Puerto Ricans have no vote may regulate them more extensively than it can most every other American citizen.”

Posted at 6:58 PM by Howard Bashman



“The Supreme Court’s Most Partisan Decisions Are Flying Under the Radar; Through its ‘shadow docket,’ the court is quietly shaping the rules around elections, COVID regulations, immigration, and the federal death penalty”: Law professor Steve Vladeck has this jurisprudence essay online at Slate.

Posted at 3:38 PM by Howard Bashman



“Judge Stephen F. Williams, 1936-2020”: Peter Conti-Brown, Kristina Daugirdas, Daniel E. Ho, Anne Joseph O’Connell, and Nicholas R. Parrillo have this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 1:50 PM by Howard Bashman



“Deliberate Indifference”: At his “Dorf on Law” blog, Michael C. Dorf has a post that begins, “There is so much that is wrong with the Supreme Court’s order last week in Barnes v. Ahlman that it is hard to know where to begin.”

Posted at 1:04 PM by Howard Bashman



“The Supreme Court’s enigmatic ‘shadow docket,’ explained; How the Supreme Court hides major conservative victories in plain sight”: Ian Millhiser has this essay online at Vox.

Posted at 1:01 PM by Howard Bashman



“Stephen F. Williams: Personal Reflections by a Last Clerk.” Nathaniel Zelinsky has this guest post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:54 AM by Howard Bashman



“Justice Department bid to drop criminal case against Michael Flynn returns to court”: Ann E. Marimow of The Washington Post has this report.

Jan Wolfe of Reuters reports that “U.S. appeals court to rehear ex-Trump aide Flynn’s bid to end criminal case.”

Katelyn Polantz of CNN reports that “Appeals court will rehear request to dismiss Michael Flynn’s case.”

C. Ryan Barber of The National Law Journal has an article headlined “Flynn’s Pursuit of ‘Unicorn of Remedies’ Presents Broad Questions of Judicial Power; ‘Mandamus is the unicorn of remedies. It’s an exceptional remedy — it’s given in extraordinary circumstances,’ one veteran Washington lawyer says; The D.C. Circuit’s en banc hearing in the Michael Flynn case confronts the Trump-era leadership of the Justice Department, the scope of power of federal trial judges.”

And in commentary, in today’s edition of The Washington Post, Dayna Zolle has an op-ed titled “What a 1924 case from Montana says about dismissing the Flynn prosecution.”

Today’s en banc rehearing oral argument of the U.S. Court of Appeals for the D.C. Circuit is scheduled to begin at 9:30 a.m. eastern time, and that court will livestream the audio of the proceedings via its YouTube channel.

Posted at 9:00 AM by Howard Bashman