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I'm thrilled I was wrong.👇🏻I'm a bit cynical because I've seen appeals courts be reluctant to tell a judge s/he's on the wrong path for collegiality reasons & I was very concerned that's what was happening here. Fortunately, Judges Rao & Henderson applied the rule of law. 👏🏻/1
They were bold enough to apply Fokker now rather than simply signal to Judge Sullivan that they thought he should apply it and then wait to see if he would. That takes backbone and principle, and I applaud them. /2
I had said what they should do is this 👇🏻and they did. A victory for General Flynn and for the rule of law. /3
If I can find time tomorrow, I will walk you all through the opinion (and Judge Wilkins' dissenting opinion) so you can understand the legal arguments and outcome. In the meantime, if you want to read the full opinion, it is here:
drive.google.com/file/d/1s3KjKS…

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Leslie McAdoo Gordon
@McAdooGordon
Flynn mandamus case: Okay, so I'm going to explain Judge Rao's opinion. First, here is the court's entire opinion.👇🏻So, Judge Rao's majority opinion (jointed by Judge Henderson) & Judge Wilkins' dissent. drive.google.com/file/d/1s3KjKS…

/1
So, just for people who've never even read a judicial opinion before, the stuff at the top third of the first page - name of the court, the dates, the type of case and name, the case number, etc.; all that stuff is called the case "caption." It's on every case to identify it. /2
The rest of page 1 & the next 2 pages are the list of lawyers who participated in the case as counsel to parties & amicus groups (I'm on page 3!) & who they represent & it names the judges deciding the case: Henderson (she's 1st because she the senior of the 3), Wilkins & Rao. /3
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Leslie McAdoo Gordon
@McAdooGordon
Flynn case: MINUTE ORDER just issued from Judge Sullivan:

"In light of the Opinion and Order issued by the Court of Appeals on Mr. Flynn's petition for writ of mandamus, the deadlines and hearing date set forth in the Minute Order of May 19, 2020 are HEREBY STAYED." /1
This means Judge Gleeson's reply brief, which was due today, won't be filed on the docket. It also means, now we wait to see whether Judge Sullivan will ask for rehearing or dismiss the case or . . . .? /2
It also means that Flynn and DOJ don't have to file anything on Friday or next week (in response to amici briefs), and that the hearing on July 16th is stayed also, until Sullivan makes his next move. /3
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Leslie McAdoo Gordon
@McAdooGordon
Flynn case -thought I'd say a few words this evening about a few things, one of which is Flynn's case. So first, I'm going to give you guys links to the briefs that were most recently filed in the trial court -Judge Sullivan's court- in the case. This isn't about the mandamus. /1
Last week the amicus Judge Sullivan appointed, retired judge Gleeson, filed a brief explaining he thinks Sullivan should deny the DOJ motion to dismiss because the reasons are a "pretext" for helping a friend of DJT and "gross abuse." His brief is here:drive.google.com/file/d/1bz563W… /2
Yesterday, DOJ & Flynn filed briefs in response to Gleeson's brief. Gleeson now has the chance to file another brief in response to theirs which is due on June 24th, then DOJ/Flynn can file more briefs back against his on June 26th. DOJ's brief is here: drive.google.com/file/d/1Dpi0D3… /3
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