Friday, March 05, 2021
Miles from the Mainstream
D. R. ZUKERMAN, proprietor

On the Guiding Essence
of the American Spirit

July 5, 2020 --

On June 29, Twitter "temporarily restricted" the twitter account for Sidney Powell, lead attorney for Lt. Gen. Michael Flynn, now waiting for federal Judge Emmet Sullivan to dismiss the case brought against him by the government that the government now agrees should be dismissed and that the District of Columbia Circuit Court of Appeals also has held should be dismissed.

In brief, the circuit court, by a 2-1 majority rules that the case should never have been brought and that there was no need for Judge Sullivan to grant "leave" of dismissal.  The appellate court ruled on June 24.  LPR writes more than one week since the circuit court handed down its ruling, without appropriate action by Judge Sullivan.  LPR's reading of Rule 35 of the Federal Rules of Appellate Procedure suggests that it is unlikely that the 17-member appellate court will consider the Flynn matter en banc.   Does this mean that, if Judge Sullivan continues to resist the direction of the D.C. circuit court to dismiss the Flynn matter, the three judge panel will have to act to dismiss on its own.  LPR recalls the action of the French Supreme Court in exonerating Capt. Dreyfus itself, rather than send the matter for dismissal to the court that had held him guilty of treason.

A tangled op-ed from former federal judge J.Michel Lutting, who wrongly considered the need for Judge Sullivan to grant "leave" for dismissal, concluded that the case "will not be decided by the rule of politics. It will be decided by the rule of law."   LPR is not convinced Mr. Luttig agrees that the appellate court's two judge majority followed the law.   He is misguided on that point.  Clearly, it is Judge Sullivan who is rule pursuant to politics, not law.  It is time for Judge Sullivan to follow the directive of the appellate court, or for the appellate court to act for him.

As for the action taken by Twitter against, Attorney Powell, LPR understands  that Ms. Powell's account was reinstated after she complained that all she was trying to do on Twitter was "to stand up for America, to stand up for honesty, for respect, for decency, to protect our statues and our cultures, to protect our freedoms, individual property rights, everything that America was built on...."

Clearly, attorney Sidney Powell is not only an outstanding, eloquent spokesperson on behalf of justice for her clients, she is an outstanding, eloquent spokesman for the spirit of freedom in America, "a spirit," which Federalist Paper No. 57 declares, "which actuates the people of America -- a spirit which nourishes freedom, and in return is nourished by it."   And let these following words in Federalist No. 57 stand as warning to the current, troubled generation of Americans: should the American spirit be debased, it will mean that "the people will be prepared to tolerate anything  but liberty.

Those in society who now would proclaim free speech is hate speech, silence is violence, common sense is racism make clear that they "tolerate anything but liberty." Those are not the words of LPR; those are the words of our founders, men who are denounced as mere slaveholders, racists.  

As we celebrate the 244th anniversary of our Independence, do not listen to the crowd that would destroy the symbols of the history of our country, literally and figuratively. Stay mindful that FEDERALIST PAPER NO. 57 MAKES CLEAR THAT THE GUIDING ESSENCE OF AMERICA IS LIBERTY, not racism.  LPR asks its visitors to convey that message to family, friends, neighbors, associates, co-workers.  (And yes, by also calling attention to!)