He’ll Eventually Prevail, but Flynn Stands to Lose the Mandamus Fight

Michael Flynn arrives at a U.S. District Court in Washington, D.C., December 1, 2017. (Jonathan Ernst/Reuters)
And if he somehow doesn’t prevail, he’ll be pardoned. So why all the legal maneuvering?

NRPLUS MEMBER ARTICLE G eneral Michael Flynn is going to lose the battle. That was the takeaway from Tuesday’s hearing before the D.C. Circuit U.S. Court of Appeals. Flynn will eventually win the war, but President Trump’s first national-security adviser is still in a slog, and there are more scraps ahead.

The battle in question is Flynn’s petitioning of the D.C. Circuit to issue a writ of mandamus against federal district judge Emmet Sullivan. Mandamus is an extraordinary remedy. It is something of a last resort, when a judge is acting so lawlessly that the damage could be incurable if a higher court fails to

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