BREAKING: Flynn Judge ORDERED to Drop Case

Breaking news the judge of the District Court as ordered by the Court of Appeals to drop the charges against Michael Flynn will talk about today.

Jay Sekulow lot line from Washington DC Jay Sekulow appeal to drop the criminal case against former national security advisor Michael Flynn as demanded by the Justice Department. Phone lines are open for your questions right now. Call 1-800-684-3110 July 12 hearing could still go forward. Judge Sullivan could take this circuit Court of Appeals hearing under advisement and then go ahead and rule so that's one of the outcomes. The other outcome.

It's possible this could go to the US Supreme Court. But what else could happen. It is Judge Sullivan could issue in order sometime today sometime tomorrow or over the next few days and just go ahead and agree with the Circuit Court and just completely dropped the case as the Circuit Court is recommending today and now Jay Sekulow live. This break is folks haven't heard yet. Michael Flynn you know the upon appeal of request for writ of mandamus, back to the District Court.

That's what Michael was seeking. That's was granted back to the District Court a writ of mandamus ordering the judge to accept the Department of Justice decision to dismiss the charges edits of rule 48 motion, the rule 40 motion says that there's a leave of court, but that even when there is a lever court that it's not up to the court and that's how the majority opinion here is a true and what opinion by the DCI Court of Appeals. This I did is a full vindication and very rare to have this even granted that the fact that the court took the case and it even more rare to issue a writ of mandamus, because it this was one of those case actually satisfied all of the that the three requirements and data were to write to you enjoy step because this is this is a big deal in this opinion is very clear. It's very direct and this is actually what I think that most folks relist our broadcasting to pick this up and understand what the what the majority here at the Court of Appeals is holy will of the court granted everything that Jim Dunklin asked for including a motion to dismiss. The only thing he did not say was remove the judge from the court. Not that was remove the judge from the case and they didn't have to rule on that because they ordered the dismissal. In other words, the government filed a motion to dismiss and this court had no authority to number one.

Denied that motion to dismiss number two appointed amicus curiae to argue why there's a prosecution should go forward make the judge completely. The two judges completely disagreed with that said that was reversible error. And, in fact, the Court of Appeals said that the opinion of Judge Sullivan put coequal branches of government on a collision course. Constitutionally, which is what we've been saying drop. I want to underscore something that's getting lost in a little bit of this, this was the premier prosecution really of the molar team. This was an administration official who was on the campaign and served as a high office inside the White House. This was their cause for solo celebration.

This was their big victory, and indeed this is, but they have been completely decimated by this judge.

That is yet to get a good row going by judge Henderson then defend by good Logan really castigated the district and said that he assumed the role of inquisitor prolonging a prosecution deemed and now that I'm using language from the opinion prolonging a prosecution deemed illegitimate by the executor, and every good and they recited language from the Supreme Court of the United States courts should not sallied forth each day looking for wrong or right.

Judge Sullivan was really repudiated in his ruling in a very strong language by Judge Rao, in her opinion for the DC circuit and walked to the opinion sensory take your phone calls to your questions or comments. 1-800-684-3110 that's 1-800-684-3110. This is for the opinion. The District Court's order appointing Amicus and scheduling the proposed hearing, therefore, constitute clear legal error.

Direct quote that's at again to Judge Sullivan what he's done was a clear legal error will be right back Jay Sekulow life challenges facing Americans are substantial time and are now in our freedoms, our constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. If you're not well this is the perfect time to stand with us.

ACLJ.org where you can learn more about her life changing work, become a member today ACLJ only when a society can agree that the most vulnerable and voiceless dessert. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally life that supports the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activists. The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the what Obama care means to the prone life in many ways your membership abuse you is empowering the right to life question free copy of mission life today online ACLJ/direct from the United States Court of Appeals for the District of Columbia from the opinion today ordering the District Court judge to accept the Department of Justice decision to withdraw the charges against Michael Flynn and that's a rule 48 motion. They and they go on to explain what that means we take your calls about that before that question about that. But this directly.

I direct that a direct quote from their opinion. The circumstances of this case demonstrate that mandamus is appropriate to prevent the judicial extirpation of executive power, very strong language. Take a listen to Cindy Powell this is Michael Flynn's attorney explaining what was asked for here and why they sought this relief which is extraordinary relief. And no, instead, that I never taken was the central case for mandamus, because we have both issues of judicial usurpation of executive per our prerogative and a clear abuse of discretion. The judge has no authority to do anything further in the case, there is no case or controversy any longer.

If the parties have decided the government has quit and he also have no authority to go into the reasons behind executive's determination to dismiss the case given the repeated they talk about the appointment. This the second part that was requested by Michael Flynn's legal team data that was the part about the Amicus that was appointed by Judge Sullivan and they also order that that that was unconstitutional and illegal. Every day since his last appointment either very clear about that and said that designated advocate to defense Flynn continue prosecution that they do not have that role is not included in the judge -assisted power will think about that promoter makes perfect sense. What the Court of Appeals actually said here and that one look you have a situation like this. The idea that the judge trying the case would appoint a private advocate to take on the role as a public prosecutor, which is what happened here a private advocate with appointed judge Gleason to become basically an amicus friend of the court as a public prosecutor general plan because why the executive branch, the Department of Justice said Lynn should've never been prosecuted in the first place. What Judge Sullivan did created a real constitutional crisis and he had been rebuked by the Second Circuit of the DC circuit obviously but I think there's more to it than that. This goes to the whole pattern of irregularities that had taken place since the molar probe was first initiated. Andy and going public. This is just one in a series of many many cases where the irregularities are really unprecedented. Never seen anything like this. Note that I have not.

I think that you earlier this prosecution of Lieut. Gen. Flynn was the centerpiece of the mother. His reason for being there was one criminal prosecution. That really stood out among the others that they did. The others were sort of ancillary on the side, but this was the centerpiece of the prosecution, Michael Flynn, for lying to the FBI for lying to the mother came and Judge Sullivan, who eventually took got the case at the conference recused himself really trying to become not just the judge in the case, I want to really point out. This important work that Judge Rao uses in her opinion on behalf of the DC circuit because it is troubling to me. She says the district judge assumed the role of inquisitor do you know what an inquisitor is somebody who is not judicially recognized but is just a self-appointed person to make a deep dive into whether prosecution really should take place and not an unlimited decide yet Sullivan said whether it's appropriate or not and that is the job of the executive branch of government and not of this year and she said that the prosecution was the illegitimate unit by the executive and bad end of the inquiry you are not an inquisitor your judge.

Keep that separation under article 3 in mind in making your decision. Stay out of the brand the business of the executive branch which decides on prosecutions correct in Psalms 100-684-3110 to the role of the Illinois online. One roadblock the Jay Sekulow lives in you hear me. We got to okay okay got a question can Sullivan/Gleason appealed this to the low appeals court or to the Supreme Court so I be dead. This is because I wouldn't be judge Gleason, who was appointed to be the biggest forwards federal judge and but technically Judge Sullivan is a party in this case so he could he could appeal but this is a very strong order from the Court of Appeals to the one decision and clearly saying even the dissent I would say that is disagrees with that the, the, the, the opinion here, but even even it was leaving the door open to say the judge so I was going too far. It was just say that maybe it hasn't. He hasn't gone too far.

Yet that's missing what they were saying in the dissent's, even though it's strongly worded. It's it's really kind of AA. I'd say, weak response. The fact of the matter is this… I think the dissent was that we can we can attempt to end a very political but I think it would be a question the classes but is junk judge Sullivan going to take an appeal, so to speak here because he's kinda made himself a party at me normally the writ of mandate issued his obligation is to dismiss the case should do that without a hearing. Any additional words he adds to this case are just prejudicial to general reputation, his private lawyer needs to be dismissed. We don't need Amicus cure. We got a private lawyers but government and the defendant are the two parties before the court. I really don't know if the judge can actually appeal it here. I think it would be very very bad. If he did this would be showing unbelievable prejudice if he did in fact decide to do that, RA 1-800-684-3110 at 2000 684-3110 continue to go through the opinion with you and take your phone calls as well on the I Jay Sekulow LIFO and I wouldn't have been in Washington DC because then the sky quickly update people to the justice act that vote taking place soon. In the United States Senate really strong language coming from Nancy Pelosi about that you write back to fleet management we comparing it to the murder of George Floyd and say it was like murdering George Flynn again this is legislation drafted by an African-American US senator happens to be Republican, that you see this kind of rhetoric used Thomas by Speaker Pelosi were unacceptable.

Jordan and I think she's pandering to the radical left to thaw her comments about going to conference and said, wait, wait, wait, we don't want anything to happen here. You've got a speak and she did so in a very unfortunate way.

Jordan in the United States Senate.

Right now they are wrapping up a confirmation vote on Cory Wilson to be a judge in the Fifth Circuit Court of Appeals and then they are immediately going to proceed to that a vote that we've talked about this week to begin debate on the justice act that Sen. Scott has put forward a Jordan every indication is that leader Schumer and Democrats are going to block that debate even beginning. It sounds like maybe Sen. Jones will vote with Republicans. But maybe nobody else so it will fall short again. Sen. Scott just went to the fourth floor made a plea to the other side of the aisle said, look, I'm open to all of your amendments if you want to change everything about this bill put in a minute on the floor to do that we will debate it, but don't stand in the way of the victims of discrimination that we've seen. You have a chance to correct that today Jordan. It does not look like they're gonna be willing to do that but will see here in just a few minutes on the floor of the Senate here. I think that to what this undercuts a there is a lot of news until the Flynn decision came out about this former DOJ prosecutors on the bollard team at Arabs as a Lipsky and he was then allege today that your general bar and it was a political decision in Roger Stella's case to try to ask her at the different civets and of it his way towards a lighter Cincinnati got the decision coming back from the court say that these were overly political decisions or wrong decisions it at me this this decision did address Roger Stone, but I think it had a undercuts the entire narrative that that the left was trying to build up against Atty. Gen. bar why think so too. I wanted to go to Andy on that actually because I the thing I'm thinking here is you now got their premier prosecution completely dismantled. Roger Stone is is was reported jail in like eight or nine days when most of the jails are letting people out that are nonviolent criminals because of the covert and pandemic will talk about that in different context is not really for this broadcast but this was their premier you know insider with close to the President, the national security advisor and this is what happens in this is what they did and now you got a complete review from the DC Court of Appeals, a judge that was clearly way out of his lane. Andy and but I go back to that statement that the opinion of the District Court and the conduct of the District Court set through coequal branches of government on a collision course right here. They wanted a collision course bring the judiciary and the executive to prosecute cases are made by the President and unitary executive acting, the Atty. Gen. and the Department of Justice, not a US District Judge, and Jenny Sullivan overstepped his bounds considerably when he decided that he was going to inquire the other prosecution that your article in your lane down to the business of prosecuting that's exactly what row after the DC circuit that in this very powerful thing judge row was provided with placed justice. He was appointed the US Supreme Court really write back Jay Sekulow life.

Only when a society can agree that the most vulnerable and voiceless to serve.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called life will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activists. The ramifications of Roe V Wade, 40 years later, planned parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right to life question free copy of mission life today online/challenges facing Americans are substantial time and are now free to start constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. Here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

Thank you. And if you're not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing, member today ACLJ back to Jay Sekulow like this Jordan secular take your phone calls. What hundred 684 31 two that's what hundred 68431103. The breaking news, United States Court of Appeals for the District of Columbia has ordered by the District Court and Judge Sullivan to accept the Department of Justice motion to dismiss the charges and withdraw the charges against Michael fled. They reported that they they've also said that the appointment that he did not have the legal power and authority to appoint a a get here, I judge Gleason to basically re-prosecute Michael fled and said he does not have power to any talked about that as well is it Amicus and and this inquisitor role. It is not the proper role and I want to get your phone calls to 100 684 31 to a lot of good questions and comments coming. It was good to Jerry and Rhode Island online. Three. Jerry Walker Jay Sekulow life hello what hundred by me in the perspective of the judge critiqued by mandamus turnaround.

Take it to a higher court over the circuit that what that refers what it set the circuit Court of Appeal.

So what it really means is that in this case is that the judge just issue a motion to dismiss and granted they gave him no authority, no wiggle room here Jerry to do anything other than dismiss the case. Let me read you a couple of quotes from the opinion and this is the ghost of this whole prosecutorial discretion issue. It says this clearly established legal principle in the executive's long-standing primacy over charging decisions foreclose the District Court's proposed scrutiny of the government's motion to dismiss the planet prosecution. The District Court's order appointing Amicus and's and schedule scheduling the proposed hearing, therefore, constitute clear legal error.

In this case, the District Court actions will result in specific harm to the exercise of the executive branches executive power. Thus, the District Court's appointment of the Amicus and demonstrated intent to scrutinize the reasoning and motives of the Department of Justice constitute irreparable harm that cannot be remedied on appeal. I don't think it could be Andy any clearer than that. No, it's not any clearer than that.

The language is not advisory.

I didn't see anything in the opinion that answer the caller's question to take under advisement. If you look at this opinion, it ends with the language. It is so ordered.

In other words you are to do what we tell you to do. You are an inferior tribunal to the Court of Appeals and you are mandate and it is a mandate mandamus is to enter an order inconsistent, which is consistent with the government's motion and dismissed the prosecution know if and but no hearings, no Amicus note trial known nothing.

This case is dismissed and you are to dismiss that you have no alternative but to do what we say and I don't think he should even exhort. I think he should hold a hearing.

I think he should just issue the order is literally a sentence, the government's motion to dismiss sleep and upon which the defendant agrees is hereby granted. The less Judge Sullivan says at this point, the better it is for the guy that some kind of statement against Gen. Flynn and this if he does try to make this some kind of cause then I think you move to the next ball which the court was hesitant to do, which is removing him from the case. The motion to dismiss has to be granted and they were very clear to they interpreted the rule on these motions to withdraw charges and where it says in the rule it's rule 48 federals and it is his leave of court if they basically interpret that say unless you have this extremely extraordinary situation and that this case did meet that that bait that just means that you, you accept what the Department of Justice says and and that it's not the court's role to question that even more what the court said was really rule 48 is put in place to protect the defendant because what will happen and I both know this is the prosecutor's someone dangling out indictments and dangling out orders and impose a motion to dismiss and then re-re-indicts that the court can say no, wait a minute. Enough of this. So it's a it's really to put a limit on the prosecutors not really put a limit on that on the defendant, Judge Sullivan got this 100% incorrect from top to bottom. He got everything in this case wrong was to write back to Franz Rogers, from Oregon online to Roger. Welcome to Jay Sekulow life would occur to me when I heard the decision and I fully agree with what you guys have stated all along that concerns me is that the decision wasn't unanimous and what was the rationale. If you know it, of the defendant and judge how could somebody like that disagree with something so obvious, it's a free country and judges do disagree. I thought the dissent was rather weak and I thought actually the majority opinion. Jordan did a very effective job of dismantling the dissent yeah I meet that you may see the dissent said in the judge had gone he had overstepped the that his his limitations, yet that's basely all all, it boils down to a user some strong language but it all just boils down to that, he hasn't gone far enough yet to grant a writ of mandamus, which is extraordinary relief it and so you interesting to point I would say that that the dissent was the Obama pointy you have it you haven't a Trop appointee who wrote that the the opinion here, and enjoyed by a George H. W. Bush appointee to the court and obviously this is that this is politically charged also comes out and we haven't talked about this yet, but it's wheat. We've gotten some of the Peter Strauch notes we got we got base 1/2 page of those notes, you can actually see this. The handwriting of Peter Strauch's handwritten notes up with a meeting with Pres. Obama and Susan Rice Sally Yates Ginny County will explain why and by the ISO invoking it so he got that up on the screen for people who watch on Facebook.

A periscope yeah I think look I think Sally Yates is that you knew nothing basically about. This is going to have a lot of explaining to do, but let me point something in the court's opinion in this is, I think the heart of this case. In other words this coming from the court. The court has appointed one private citizen to argue that another private citizen should be deprived of his liberty, regardless of whether the executive branch is willing to pursue the charges so Andy one private citizen being appointed to go after another private citizen on criminal charges.

That's what this judge did and that's what got reversed and that is exactly what the circuit pointed out and I find that personally abhorrent. Apart from being clear legal error. You don't bring in an individual to argue against the executive's motion to dismiss the case and that's exactly what he did in bringing in John Gleason, the government's position. The government is that decided to dismiss the case. I think I'm in the bring in a private prosecutor to give me an opinion as to why the government's budget is brought an unlimited private person of his liberty, regardless of whether the executive branch is willing to pursue the charges are not yet Sullivan you are wrong in the DC circuit had to kick you in the face to tell you that this is a very hard opinion. There they minced no words they they take no prisoners in this think rows opinion is stunningly hard because I'm an inquisitor and says you have no right to make a decision when the government has made a decision that prosecution is illegitimate.

You do what we say. Misty started second SR Jay Sekulow lives, not one 800 684 31 to talk to us on air for questions and comments on this decision, 1-800-684-3110. I go back to that Peter shot notes as these the notes that confirm what was being reported the Peter Strauch deal was with Pres. Obama is Obama was kind of directing this inquiry into Michael Flynn and now you got it. It notes for Peter Strauch where present offices. Make sure you look at okay. Things have the right people appointed to VP Biden suggesting there was a Logan act violation, which is a lot it's never been enforced that those who believe is unconstitutional that we come back second half hour coming up with 100 684-3110.

For decades the ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member. Thank you. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and secular back Jay Sekulow live in concert with her second half hour we got the decision for the United States Court of Appeals for the District of Columbia ordering that District Court judge in the Michael Flynn case Judge Sullivan to accept the Department of Justice motion to withdraw that the criminal charges also ordering the judge to withdraw his appointment of a in Amicus here and that was a former federal judge Judge Gleason say that have the legal authority to do that and so were take your cause of this is that is a huge victory for Michael Flynn and and again it would we see the judge who's kind of adult delayed it and they thought they talked about that decision as well. This is Artie been delayed and you're asking for briefing on this from outside parties that it would just judge Lisa but did allow all this briefing from from outside parties on the prosecution of an American so were take your phone calls about this 164 3110 answer your question about the dead. This is a huge day for Michael Flynn is a big day for it for federal court and just remind people that I need I point out to the cases.

This is high as they go opposite Court of Appeals right may very, very few go to say two things at the outset number one when we talk about the lawyer that represented Lieut. Gen. Flynn Sydney Powell gets an A+ plus she did a phenomenal job not only on this in dealing with solving. She did an incredible job as an admission of an appellate advocate and she took this case a major law firm that I can monkey about getting a Philistine to Gen. Flynn and and and see this case and turned it around in record time. Misty did a phenomenal job.

Peter and I I want to say promotable or do another distinct how well done really well done job. I made really great lawyering on that they have to on behalf of general public.

Now let me tell you what the court here said about the dissenting opinion, because I think this is also important.

It said ultimately the dissent fails to justify the District Court's unprecedented intrusion of precedent and recruiting and into individual liberty and the executive charging authority. Rather it is about whether after government.

The government had to explain why prosecution is no longer in the public interest judge may prolong the prosecution by appointing an amicus encouraging public participation in prolonging the governments and probing the government's motive on that both the Constitution and cases are clear. He may not do it and I don't.

I can't think of a stronger rebuke to this.this God was way out of line here with respect to the court that Sullivan was wrong, and a bloodied rebirth. I'm glad that mandamus is yet. It is a strong rebuke is one of the strongest attributes that I have ever read an appellate court given district God coming seriously.

It was a slap in the face of the District Judge and he was told in no uncertain terms you stay in your lying. You are the umpire you're not a player in this the executive branch makes the decisions you known employing private citizens to make decisions as to whether or not to prosecute. And when I can even allow you to hold any hearings you are ordered to go back and enter an order disconnecting the case against Gen. Flynn. The end. That's pretty stark.

That's a great reality. Judge Sullivan has been on the bench for about 25 years that have this castigation by the district by the appellate court against them. If the repudiation of his entire modus operandi. The way he has handled this case and a tremendous victory. As you pointed out for Gen. Flynn to her as excellent counsel.

Sydney South when you can only come back socially to answer more of your questions take more of your phone calls you, it's 164 30 when Tim will get an update from Sancho of the Justice act of what's happened in the U.S. Senate. I will play for that sound like I mean Nancy Pelosi to Perry, the Republican legislation on police or for two murdering George Floyd again of 1-800-684-3110 can talk more will go through two more of the Peter Strauch notes that have been released to this is that that 1/2 page of notes for Peter Strauch and his meeting with Pres. Obama, VP.

I this was during that time. After the election. The transition process likely January Sally Yates was there. Susan Rice was there and you have posted VP and voted in the notes the challenges facing Americans for substantial time and are now free to start constitutional right are under attack more important than ever to stay with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

Thank you for not well this is the perfect time to stand with us ACLJ God, where you can learn more about our life-changing, member today ACLJ only one. A society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question for copy mission life today online ACLJ/Jay Sekulow live I wanted hundred 64, 31 to type of the Michael Flynn matters also got new notes release. Actually, the handwritten notes for Peter Strauch it is meeting with Pres. Obama, VP Biden, Sally Yates, the did Deputy Attorney General at the time, Susan Rice, the national security advisor at the time and it is handwritten notes he's quoting VP Biden right off the bat's invoking potentially the Logan act. This was a meeting about Mike Flynn. You can see this if you watch a face with the periscope got that the notes of the released up on the screen at the department of justice to and releasing these out to said that there could be more coming as well.

This is what's been declassified and made available to publish this out like a leak.

This was actually a Leah court filing by the partner Justice I quotes the President say that these are unusual times that the vice President sang a bit on the Intel committee time at the sit intently for 10 years and I never than the present cuts him off and says make sure you look at things have the right people on it and the President gets is there anything I should be telling the transition team that did the truck transition team. The director Kobe also at this meeting says interestingly enough it with you when you read what he says. He says Flynn it was on these calls and the cause with with kiss the accident at the the Russia bash at the type United States but they appear legit and so when I read that I say because a heat Peter Seyfried said specifically, but they appear legit. I don't think Jim Kelly saying there we've got like legit grievances aren't legal issues with what Mike Flynn did, but actually that the calls but they appear legit that he was having legit conversations with as a incoming national security advisor with the investor for Russia and then you see a happy new year and so you see I to meet other scores have all present. Bob is directed Peter Strauch directing Jim Kelly directing Sally Yates directing Susan Rice, VP Biden suggesting what charges by Flynn to be brought apart suggesting what laws he may have violated. So this is also a breaking today at me. This is just releases after the Flynn decision came after the Court of Appeals I wanted to write to phone calls 100-684-3110 I was coded Michael in California life for Michael Jay Sekulow live. Thank you for taking my question. Is there a possibility. Judge Sullivan could go rogue and refused to follow laws that appeals court efficient and if so what could be done so I can add to this, not really. I judges could he could issue some other decision that it conflicts with that with the Court of Appeals here but and if he does that he is putting himself and in more potential jeopardy because he be a direct violation I as you said of the Superior Court. The Court of Appeals, this it's it's order to him you know and I don't think anything like that going to happen if you read the last paragraph of the majority of thing and it just said we grant Flynn's petition for writ of mandamus in hard and Ballarat language and direct the District Court granted the government rule 48, a motion to dismiss. You don't have any discretion you don't have any leeway you don't have a this is not I heard someone say a recommendation that this was a recommendation of the District Court is in any recommendation. It is a direct order and I think Judge Sullivan knows what it is that on the bench long enough he won't like it. You don't like it but is going to do it because that's what it's got to do and he doesn't want to face consequences for not doing it to Kathy at Indiana on line 6 Kathy Leslie Jay Sekulow lives alone thank her. Thank you again for doing right now this country that what can we do United States citizens to get the judges understand they have a right to declare, according to the evidence we have a government that said okay we can go around and and and and and ended Harrison and government can do that.

We have cities that had been in turmoil because of discipline Flynn killing what can we do to finally get our country going in the right correction six and were approaching election and that is always the most direct representation of that of the country and so every member of the House of Representatives is up for election after the U.S. Senate up for reelection course and we decide our present will be. That's the executive branch so I the balance of power for the two branches of government and that balance of power directly affects the third branch of government, the judiciary, because the federal judiciary. These appointments by the President when there's vacancies and by the way, the Senate just confirm the 200th article 3 judge of Pres. Trump South. That's one of the biggest consequences of Presidential election actually are. Let me quickly give Kathy some hope your Jordan. This is from this opinion today directly to her point it says.

Finally, each of our three coequal branches should be encouraged to self-correct when it airs.

If evidence comes to light, calling into question the integrity or purpose of an underlying criminal investigation, the executive branch must have the authority to decide that further prosecution is not in the interest of judgment of justice that Jordan essentially saying the judicial branch must stay in its role as Andy has said, but but to the caller's question into the comment you made just a second ago Jordan. It shouldn't be lost on any of us in wake of these Peter Strauch notes coming out.

Susan Rice was in that meeting Jordan I think that's probably a pretty big reason that she is reportedly on VP Biden's very short list for vice President for candidates in a in and in a concise way. I would say to the caller. If you don't want these kind of abuses don't put people in power that had actually performed these abuses. What 100 684-3110.

I was go back out to the phones and answer your questions going to the opinion by the Court of Appeals. Whitney in Texas on 93 with the welcome Jay Sekulow live and worried about what to do and so I'm curious whether this opinion is going to be sufficient to squelch teacher action or whether he actually a precedent for other gadgets that kinda go broke so that whatever person he was trying to send Eddie he was smashed down by the Court of Appeals, so he's now a higher court has has made it clear that he does not have the legal authority is they said he does not have the legal authority to take these actions that he has is at the inquisitor. He's at the prosecutor. The site's role and and sell whatever he was trying to set has been made clear to other judges as well at the District Court level, which is where the trial court is is held somewhere that you can go through all the evidence and and that the most the prosecution and and so II think it is actually clear repudiation of these kind of moves bite by judges. I don't think most judges would take the action that he is even judge others try to do. That's why writ of mandamus was issued because this is so extraordinary that the situation where he tried to not accept Department of Justice withdrawal of the charges and also try to appoint an outside counsel as it as a Amicus to basically prosecute my flip yeah right you are not.

Think of the judge and to read.

Believe me there trial judges on the federal district court level and they all read these appellate opinions and they especially read the appellate opinions that come out of the DC circuit and of course the Supreme Court and they're saying to themselves, we better not make ourselves pools of Judge Sullivan didn't get out of our line but we stay within the judiciary's role of being the umpire and I think that it's going to be the rare District Judge now who denies motions to dismiss criminal prosecutions made by the government. In view of this is very, very strongly worded strident opinion about your row on the half of the DC circuit is next here. This is from the case and Ed from the oral argument, and you, you'll hear the judge hear the question and Mike Slade's attorney as city Palace response by 28 order denying appointment handle to present arguments in opposition to the government's motion to dismiss that that's all that it says in that paragraph so so callous at violating article 2 to appoint someone to present arguments in opposition because the government had already made the decision to stop the only entity that can make that decision. The Department of Justice is the only entity that can decide whether to pursue the prosecution judge has no way of doing that on his true Amicus or special prosecutor or anything else. The government has quit and it's time to leave the field back asked as he spake silencing the broadcast will take your phone calls at 1-800-684-3110 for Mike city and Larry Ray to get to your phone calls and again will keep going through this different than what's happening. U.S. Senate with the justice act as well a player that statement really egregious statement from Nancy Pelosi about the Senate legislation the justice act performed by a sitter. Tim Scott so 1-800-684-3110 if you want to talk to us on their knife you got question at the right foot back to question at the Peter Strauch Phillips and the Presidents and healings directly going to present directly coined by Sprint directly quoting Jim Daly in these notes. Eventually the halfpage of of the written notes have been released so far, so 1-800-684-3110 will be right back Jay Sekulow life. Only when a society can agree the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition life will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question. A free copy of mission in life today online/challenges facing Americans as time and are now free to stored constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

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ACLJ.org where you can learn more about her life changing work, become a member today ACLJ is your phone because it just a minute. I wanted hundred 64, 31 to tell you that this decision by the Court of Appeals is like for the case again ordering the district judge in this case to court judge Judge Sullivan to accept Department of Justice motion to withdraw and also I tell you order the judge that his appointment of an amicus and outside counsel base to break the argument about why Mike Flynn should still be prosecuted disagree with the department of justice that he also had no legal authority to do that. So again, 1-800-684-3110 but I do want to get an update on the justice act is being voted on the U.S. Senate yesterday. We talked about how Nancy Pelosi had really opened the door to whatever passed the Republican-controlled Senate will ever pass into the Democrat-controlled house that coming forward and and getting Basie figuring out a compromise.

And so we are praising it out.

It's forcing knowledge that she had opened the door for the compromise on the police reform, but did today before this vote.

Big things that highly politicized last 24 hours is for the United States Senate. Take a listen to how she was describing it today very different warranty of parenting and family policing recognition in the morning.

Many people are none. Law enforcement. Not all) five favorite kind get away with murder. Actually if you look at the elite said I get there. That statement it.

Republicans are trying to get away with the murder of George Floyd and putting that on Republican US senators and using that kind of language you get is time it was had caused Collett say that the of the cities are in a mess. It's really tough situations and did you try to deal with this. Try to compromise, try to come up with solutions. You have to come up with compromiser solutions when you start calling the your opponents politically in a in a Democratic Republic as murderers Jordan officer Derek Sheldon Merritt murdered George Floyd that to murder Georgia. Why not a politician in Washington DC and if you want to start to turn the tide to some of these police brutality acts that do unfortunately happen even though the vast majority of law enforcement are good. What do you need to do is an elected official, you need to come to the table and debate common sense reforms by the way, a bunch of which we there is consensus on. We won't would not go all the way through this again Jordan, but the house bill in the Senate bill aligned in many ways, but in order to make a law in order to send something to the President friend to sign. You have to have a bill in the house. You have to have a bill in the Senate in order to have a bill in the Senate, you have to agree to debate a bill in the Senate. Jordan, Senate Democrats have just blocked that exact proposal, not the bill they have blocked the prospect of even debating a bill of the vote. Just finished there were 56 Senators voting in favor of beginning the debate are three Democrats Doug Jones Joe mansion and Angus King is technically an independent voted with Republicans to begin that debate but every other Democrat block that debate, which means the bill at this point is dead. It's not dead Jordan, but it will not be debated today in the United States Senate and just one technicality here when people see this on the news they will see the vote was 55 to 45 because leader McConnell has to change his voted the very end that he reserves the right to call it against that's a clear sign Jordan he's not giving up on this. He's gonna make the Democrats take this vote again down the line. I let me just say I made this would have opened the door for Democrats to propose their own legislations propose amendments to legislation having this would have. IAC said opened the door to the debate was that a vote on the actual legislation itself, so they were to Dorsey that it was just whether to begin the debate, the U.S. Senate and the fact that Democrats and you can only get three Democrats and the seven that you needed to get this done it if you showed him he was close but still extremely partisan because those have Doug Jones from Alabama who was facing very tough reelection there. Joe mansion in West Virginia who plays your very fine dance if you will with his disinterested and independent who caucuses with the Democrats and Angus King hostile 164, 31 to get back to taking phone calls on bike fled as well. It was Codex. He did it in in Idaho. I like to call all of Denmark gentlemen.

James vote on anything for my conflict looks back to Eddie. I go situations 80 whatnots.

This would not be so politically charged, even in the DC District Court. This was a highly politically charged case because he had in the Muller prosecutors you had a a trump campaign officially became national security advisor, so III think that for the most part, Judge Sullivan, it was extraordinary. That's why got a writ of mandamus today, and when the courts is extraordinary. That means it's knocking to be. You don't see I can see a lot of similar cases up for the court like this development has been pretty strongly about the circuit Court of Appeals, and I don't think of in the same venturing out on the limb and making these kinds of decisions because the rule 48 and the Constitution gives no power to a district court to deny a prosecutor's motion to dismiss charges based on the disagreement with the prosecution's exercise of charging authority.

I think Judge Sullivan has learned that lesson I would've thought after 24 years on the district then she would have known that lesson the political atmosphere of this case, the packet is a Clinton appointee, I believe, is a liberal Democrat. He overstepped his ground.

He went into areas that he should not of got into any pushback in line. I don't get it again. At least I hope not doing six final to Cosco the mighty Kentucky alignment Michael Jay Sekulow lives. Thank you for answering my call. I question is key here is Michael Lynn have to wait until all the other investigation that's going on with fire on the Russian program things and to sue to get money back for her. What happened to him and how product achievement is enough food chain. Can you know this is a document already today because it is usual for Cindy. Mike splinted additional legal fees before he went to city Palo and with one a large law firms. It was in the billions of dollars and that's this kind of decision by the Court of Appeals and add with the Department of Justice withdrawing the charges could open the door for Mike Flynn to try and recoup some of that possibility. They can save civil rights were violated under title 42 of the United States code and that he might recover his attorneys. But I want to be very candid, I doubt that's going to happen. This is one of the chances that you take being a citizen of the United States being in government being in politics, these things happen to you just have to take it on the chin.

Be happy that your criminal charges were dismissed and to the extent that you can go about your life.

Civil damages out of that happening. So let's let's put this back in the space it really gives this response. This is handwritten notes and this was in the light of the Flynn case, but it was not part of the initial decision to sexy release by Department of Justice. In response, you see some is redacted still classified you see the unredacted portion here. It's a Peter Strauch's is taking notes of the meeting he supported Pres. Obama is calling VP Biden suggest what laws you could Mike Flynn may have violated Cody Jacoby, Sally H. Is the meeting Susan Rice's of the meeting. This is happening in between the election and the the incoming trust administration severity transition type. You really see Prince Obama directing Peter Strauch in directing Jacoby I had approached the fluid that is all talk about that more tomorrow Jay Sekulow life for decades. ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side, you're already a member thinking.

If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ