The DOJ supports its petition for writ of mandate with an explosive brief

June 2, 2020 By Andrea Widburg

It was highly unusual for the D.C. Circuit Court of Appeals to order Judge Emmett Sullivan to explain his refusal to grant General Michael Flynn’s motion to dismiss. That made it easy to miss that it also allowed the Department of Justice the right to file a brief supporting its petition. Sullivan filed his pathetic and dishonest brief on Monday.

The DOJ’s brief, however, is filled with devastating facts and entirely on-point legal authority. What makes it even more compelling is its front page, which is weighted with the names of big guns. The DOJ is taking this matter very seriously. You have to see the names on the DOJ’s brief to appreciate just how many people in the DOJ are paying very close attention to Flynn’s petition. (You can read the brief here.)  According to Sean Davis, having this many heavy-hitters on an appellate brief is almost unheard of:...........

The legal arguments are straightforward: Under Art. II of the Constitution, the executive branch has the sole power to determine whether to prosecute a case. The judicial branch may not directly interfere with this discretion. Nor may a judge attempt to act as a prosecutor by bringing criminal charges against any party............To Read More....