Column: Michael Flynn's latest day in court adds up to an eventual win for Donald Trump, partisanship and corruption

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Column: Michael Flynn's latest day in court adds up to an eventual win for Donald Trump, partisanship and corruption
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Litman: Michael Flynn's latest day in court adds up to a probable win for Trump, partisanship and corruption (via latimesopinion)

The attorney general knows what Trump wants and needs, no memo or Oval Office directive required.

A mandamus writ short-circuits the normal course of legal proceedings, and for that reason courts of appeals won’t grant it unless a party can show that the lower court is violating a “clear and indisputable” right and the harm can’t be remedied on later appeal., in a 2-1 opinion written by Trump appointee Neomi Rao, and issued the mandamus. But the full circuit court voted to vacate that ruling and hear the case anew. That “en banc” hearing happened Tuesday.

Wall argued that it would be improper to let Sullivan second-guess the department’s reasons for seeking a dismissal or to call witnesses. Instead, the hearing should focus only on the legal sufficiency of the government’s motion to dismiss. So Sullivan’s actions will have been vindicated, but he won’t be able to stick his neck out too far. Unless the hearing in his courtroom produces something remarkable, he will probably grant the DOJ’s dismissal rather than risk getting slapped down on appeal.

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