Just wonder who's pockets the Appeals Court was in to order the case dropped by against Flynn?

[imanamerican63]

It’s not a very long list!

[Budi]

1. Found this. Appears Barr's Federalists played a role

Link to tweet

[grumpyduck]

2. Rubles, lots of Rubles.

[Fiendish Thingy]

3. Judge Rao was appointed to fill Kavanaugh's spot

But charges haven’t been dropped yet - Judge Sullivan can request an “en banc” review, which means every judge in the district court gets to weigh in - highly unlikely Rao’s opinion will stand...

[LTG]

4. Decision creates an additional problem

If the decision is not appealed and reversed it would be precedent that would Probably prevent the DC District Court from enforcing any subpoena seeking to compel Bar to testify concerning reasons for dismissing case.

The Court cites “separation of powers” as preventing the Judicial Branch from inquiring about Executive Branch reasoning behind decision to dismiss. This rationale would also preclude the Legislative Branch from doing so. It would also, probably, apply to other Executive Branch decision making.

This could be strengthened by an en banc ruling sustaining the order. Other courts might use it as guidance, although not controlling precedent in other Circuits, in support of ruling likewise. At least until ruled on by their own Circuit or overturned by the Supreme Court.

A big gamble either way in a case that, IMHO, has only a 50/50 shot. But an important appeal to make.

[StarfishSaver]

7. Excellent point

[Cicada]

5. Judge Neomi Rao supported "unified executive" while a law professor

At George Mason law school. now named Scalia Law School, she pushed the idea that the President has total control over all aspects of the executive branch. So the President being able to interfere in every aspect of prosecutions is consistent for her. No one had to buy this decision from her.

[StarfishSaver]

6. It wasn't the court. It was two judges