The Never Ending Story of Mike Flynn

That was this morning. 

Judges on the full D.C. Circuit Court of Appeals intimated Tuesday that they're hesitant to force a lower court judge to dismiss the criminal charges against former national security adviser Michael Flynn.

The nearly four-hour hearing conducted by teleconference before 10 circuit court judges challenged arguments brought by Flynn's attorney and the government that District Court Judge, Emmet Sullivan, had acted outside his constitutional authority by not immediately granting the Justice Department's request to dismiss the charges against Flynn.

[...]

In June, a three-judge panel ruled 2 to 1 in favor of Flynn, who had filed an emergency appeal after Sullivan did not immediately dismiss his case following the government's move to dismiss the criminal charges against him. The three judges who made the initial ruling were part of Tuesday's larger panel, which opted to rehear the matter after Sullivan appealed and asked for what is called an en banc hearing — that is, before the full court.

[...]

The appeals court will also review whether or not Sullivan should be removed from the case because of what Flynn's team deems "glaring bias."

  CBS

He's no doubt sick and tired of this bullshit.

During arguments, [Acting Solicitor General Jeffrey] Wall revealed that Attorney General William Barr, who ultimately made the decision to drop the criminal case against Flynn, may have more non-public information at his disposal than was made available in the earlier filing to dismiss the case.

"I just wanted to make clear that it may be possible that the Attorney General had before him information that he was not able to share with the court," Wall explained. "What we put in front of the court were the reasons that we could, but it may not be the whole picture available to the executive branch."

Oh, THAT ought to convince the judges. Your honors, we might have information we can't let you see. Believe us, it's convincing.

How embarrassing.

Several judges questioned [Sidney Powell, an attorney for Flynn,] on the role a jurist should play in situations in which the government dismisses charges. Powell replied that a judge should not be a "substantial" figure, characterizing it as a "pretty ministerial" position. Judge Thomas B. Griffith disagreed with her argument. "That's not helpful Ms. Powell," Griffith said. "The judge has to do some thinking about it. He's not just a rubber stamp."

...but hey, do what you want...you will anyway.