Radio Recap – Exclusive Analysis: What Comes Next in the Michael Flynn Saga

The ACLJ’s team provided legal analysis on the state of General Flynn’s case.

On today’s Jay Sekulow Live, our team provided exclusive analysis of Friday’s oral arguments in the General Flynn case. The D.C. Circuit Court of Appeals heard oral arguments from General Flynn’s attorney, a DOJ official backing the motion for the writ of mandamus, and Judge Sullivan’s attorney.

Former National Security Advisor General Flynn’s attorney, Sidney Powell, made the following point during oral arguments:

This the quintessential case for Mandamus, because we have both issues of judicial re-usurpation for Executive prerogative, and a clear abuse of discretion. The judge has no authority to do anything further in the case, there’s no case or controversy any longer, the parties have decided, the government has quit, and he also has no authority to go into the reasons behind the Executive’s determination to dismiss the case.

So what happens next now that the oral arguments have been held before the D.C. Circuit Court of Appeals three judge panel? There’s a few options on what could happen next in what could be called the saga of General Flynn’s trial, a case that just will not come to a close. Coverage of this case has of course been overshadowed in the media by COVID-19 and the protests. Often you’d see reporters outside court buildings providing coverage of watershed moments but that’s just not happening right now.

We’re here giving you our exclusive analysis because this is important.

How did we get here? The Department of Justice had made a motion to drop the prosecution of General Flynn and instead of ruling on that, the judge decided he wanted to bring in an outside attorney, also a former judge, to argue why General Flynn is guilty.

He essentially brought in a special prosecutor to continue the case instead of ruling on the motion from the Department of Justice. He didn’t have to accept the motion. Instead he could have sentenced General Flynn. And the General could have then appealed that. Instead of ruling, the judge did this bizarre thing, claiming inherent authority to bring in outside counsel.

The district judge then hired his own attorney to represent him before the D.C. Circuit Court of appeals after General Flynn’s legal team filed for a writ of mandamus from that court. They heard the arguments for and against on Friday. Now they are going to be dealing with this and a host of other issues.

My dad, Jay Sekulow, made the following point:

The ridiculous nature of where we are is you had the United States government come in and say we shouldn’t have prosecuted this case, we shouldn’t have brought this case. We withheld exculpatory evidence. There was a bit of a frame up here. This case should not move forward. We join General Flynn’s motion to dismiss the case. End case.

That should have been an order that Judge Sullivan signed in literally minutes, not months. But what happened here was this judge has got his own agenda. The Supreme Court just a couple of weeks ago, in a decision by Justice Ginsburg, said basically hey when the parties have decided where the case is going, it’s not for the court to keep it going. That’s exactly what’s happening here.

The full broadcast is complete with more exclusive analysis by our team of the General Flynn case.

Watch the full broadcast below.