UPDATE 1: Understand this--the judge doesn't have to dismiss at this point. The motion is to compel discovery of "stuff" that the government--basically, Team Mueller--is withholding. From my point of view, however, dismissal for the grotesquely obvious prosecutorial misconduct is the easy way out for Judge Sullivan. If he wants to, that would allow him to wash his hands of a real can of worms, avoid refereeing an incredibly complex discovery process. Of course, that would also give Barr/Durham the perfect rationale to turn Team Mueller inside out--drag them all in front of Durham's Grand Jury, etc.BREAKING: Judge Sullivan canceled hearing because of "comprehensive briefing." He's going to rule on the briefs. pic.twitter.com/u7goXIqjbQ— Margot Cleveland (@ProfMJCleveland) October 28, 2019
UPDATE 2: Paul Mirengoff at Powerline:
The cancellation of oral argument tells us that Judge Sullivan is ready to rule, but not what his ruling will be. I understand, though, that Gen. Flynn’s legal team considers today’s order by Sullivan good news. Its comprehensive discussion of prosecutorial abuse in this matter stands unrebutted.
His ruling should prove to be a bellwether. It should seem to anyone paying close attention to the details of the case that Gen. Flynn was totally set up. And that's just the beginning of how badly the FBI behaved.ReplyDelete
Judge Sullivan should be paying close attention. If he doesn't toss out Flynn's conviction, based on what he must now know, it will be, to say the least, a very big win for the rotten to the core Deep State.
I pray for an honest man.
I told a friend that I believe there's a fair amount of pressure on Sullivan to ultimately dismiss this case entirely, just because of what could happen on appeal.Delete
From following you, I've learned that it is within the power of Judge Sullivan to fully punish the fraud perpetrated by the government on both Flynn and the court.
If he dismisses this case, does he retain the power to do more than orally admonish the prosecutors? Presumably Barr is watching this case, too, and can see that justice is done.
Of course this whole thing ties into the conspiracy. I'm ready for someone to face justice. Von Grack would serve as a nice hors d'oeuvres while the main course is being prepared.
Yes there is more he can do--and he has done it in the past:Delete
"He also initiated a criminal contempt investigation of six members of the prosecution. Although an internal probe by the Office of Professional Responsibility was already underway, Sullivan said he was not willing to trust it due to the "shocking and disturbing" nature of the misconduct."
So he said he didn't trust DoJ. He's a Dem and he said he didn't trust a Dem DoJ.
Isn't it more than a little important that the discovery sought by Flynn's attorneys actually happen? The extent that the FBI went after Flynn is part and parcel of the Obama administrations efforts to hamstring the incoming administration--if not overturn the results of the election--by alleging Flynn was a foreign agent, therefore poisoning Trump by association, if not implication.ReplyDelete
In the filing last week Powell indicated (twice, I believe) that they expected to ask for a dismissal based on the record of prosecutorial misconduct. But it would be a public disservice (by the judge) if the details of the conduct were merely left in the record, not exposed to the public, and left to the legal community to sort out.
There's a powerful story of government misconduct waiting to be told which is Act 1 in the Deep State's assault on the President-elect.
No. Like I said, if it gets dismissed for prosecutorial misconduct then Barr is under an obligation--one that I'm sure he's only too eager to take up--to examine what happened. And no one can say it's politically motivated because it will be a Dem judge who instigated it. It will be an open invitation, even a mandate, to absolutely turn Team Mueller inside out. Plus, Powell is one person, with two others to help. Barr has, relatively speaking, unlimited resources. It would be the ultimate best solution, IMO. And probably what Powell has in mind.Delete
What I was attempting to emphasize:Delete
1) Having DOJ prosecutorial misconduct (the Brady and exculpatory evidence it was hiding) exposed in an adversarial proceeding, and a public record of the judge's likely sanctions on the offending parties, as superior to OPR/OIG report buried (ZZZzzz!) in the media.
2) Barr has a full plate, and could use any help with the heavy lifting.
3) Any punitive action by Barr will immediately be characterized as partisan witch hunting by media.
In any event, Margot Cleveland quoted a friend who has practiced in front of Sullivan who believes this development was a sign that he's heard and read enough and is ready to rule. I'm gonna say it: I'm optimistic. If not now, later. This frame job won't stand and I believe Sullivan will want to be out front with it.Delete
"I pray for an honest man."
Sullivan appears to be as honest as we could hope for.
But of one thing I'm certain. He's not going to rule against Flynn/Powell without having given them a chance to speak. Not gonna happen.
I quite hope you're right, but please say why the judge dare not behave that way.Delete
This judge is very sensitive to prosecutorial misconduct (see Stevens case).ReplyDelete
If he is ever going to rule against the proponents of a prosecutorial misconduct claim, he will bend over backwards to make sure they have been heard. He will not expose himself to a claim that he dissed Powell/Flynn's claim.
The fact that he has subsequently granted Powell the right to a sur-surreply demonstrates this.
Agreed. Having read Powell's book, it's difficult to believe he would proceed any differently.Delete