RUSH: Ladies and gentlemen, yet another total assault on federal law has just occurred. It is involving the case of Lieutenant General Michael Flynn. When we last left this case a three-judge panel at the D.C. Circuit Court of Appeals had told Judge Sullivan to go pound sand, that he didn’t have any standing. He’s a freaking judge, he doesn’t have standing in this case. If the DOJ is not going to pursue charges against a defendant, then there’s no judge who can pick up the case and pursue charges and have a trial and have the guy go to jail or whatever, because he’s not a prosecutor.
He’s a judge. He’s an independent element. He’s a nonpartisan element, supposedly. So a three-judge panel voted 2-1 to tell Judge Sullivan to go to hell, pound sand, whatever, that the DOJ is not gonna pursue charges and the case is over. Well, Judge Sullivan had the option, as everybody — he’s got no standing. He should not be anywhere near this court as a participant. He’s a judge. He doesn’t have any standing whatsoever. But the rule of law is just taking hits from left and left and left.
So he petitioned for the entire en banc hearing to take place, meaning he wanted a retrial, a rehearing of the appeal with every appellate judge hearing it and deciding it. And guess what? They just granted it. The D.C. Circuit just granted a full en banc hearing of a federal judge demanding to do something that the law does not permit him to do.
Now, I don’t think it’s going to change the outcome of anything because William Barr is the attorney general, and at the end of all of this, Flynn is not gonna go to jail. He’s not going to be charged. The DOJ has dropped the charges, and there is nothing the judge can do about it. But what this is going to accomplish, their oral arguments are scheduled now for August the 11th.
So, Michael Flynn’s lawyer, Sidney Powell, has to go in and this has gotta be the most incredible or incredulous position she’s ever had to take. She’s got a judge who is demanding that a defendant, that the DOJ has dropped charges, still nevertheless go to jail. And she’s gotta go somehow defend this in front of — I don’t know what the total number of judges is in the D.C. Circuit, 21, 22. Maybe it’s more than that. And it’s a very liberal circuit, the D.C. Circuit obviously.
So this is gonna be a show trial timed just before the election with Michael Flynn, a noted confidant of Donald Trump. And you’re gonna hear how the guy pled guilty twice and Trump is using the DOJ as his personal law firm, and he’s using Bill Barr, the attorney general, as his personal lawyer.
So, you’re gonna hear a totally trumped up case that will be happening right in the middle of the presidential campaign. When it’s all over, Flynn is not gonna be going to jail. But, you know, I say that because I’ve heard every expert about this weigh in. “There’s no way.” But we’re dealing with unprecedented things before here. These people are hell-bent. The rule of law does not stop them. I’ve never heard of anything like this.
I’ve never heard of a judge being allowed to become a participant in a case when the prosecutors have dropped it. Anyway, Sidney Powell, the attorney for Michael Flynn, is probably pulling her hair out trying to figure this out. But it is what it is. You gotta deal with it. The full en banc member of judges has said they’ll hear the case. Only 11 judges. Only 11 judges on the D.C. Circuit. Okay. (interruption) I don’t know. I don’t know if Sidney Powell’s Twitter account is still blocked or not.
You know, they took her account down because she was tweeting on hydroxychloroquine. I don’t know if her account is back up or not.