This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Government,
Criminal

Sep. 29, 2020

A defendant with a pardon tops a defendant without a prosecutor

"General Michael Flynn is a defendant without a prosecutor" With that rhetorical hook, Sidney Powell, counsel for former National Security Advisor Michael Flynn, began her Aug. 11 argument to an eclectic, en banc 10-judge U.S. Court of Appeals for the D.C. Circuit in Sullivan v. Flynn. The court's 8-2 per curiam Aug. 31 opinion did not bite.

Howard Gillingham

Howard is a former Los Angeles criminal defense lawyer and federal public defender for the Western District of Michigan.

A defendant with a pardon tops a defendant without a prosecutor
Michael Flynn arrives at federal court in Washington for a sentencing hearing on July 10, 2018. (New York Times News Service)

"General Michael Flynn is a defendant without a prosecutor"

With that rhetorical hook, Sidney Powell, counsel for former National Security Advisor Michael Flynn, began her Aug. 11 argument to an eclectic, en banc 10-judge U.S. Court of Appeals for the D.C. Circuit in Sullivan v. Flynn. The court's 8-2 per curiam Aug. 31 opinion did not bite.

The two dissenters...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up