The fairly lengthy article summarizes the entire Flynn case, obviously glossing over the earlier parts:
Just when you thought the Gen. Flynn case couldn’t get any more weird.
Let’s briefly recap the madness:
However, I want to urge readers not to skip over the early parts. You may think it's old history, but I want to suggest that it may explain why AG Barr thought it might be a wise move to allow the Flynn case to play out in Sidney Powell's capable ends--that it was already winding down to its logical conclusion quite rapidly, and it would be better to avoid a controversial intervention until the reason for intervening was patently clear.
From that perspective, I think the summary helps to show that that's exactly what was going on--until Sullivan ran totally off all judicial rails, appointing himself prosecutor.
Read it with an open mind. Yes, this is a major case in the Russia Hoax. Nevertheless, Barr has bigger fish to fry--and those fish will be even more controversial. Therefore he needs to proceed methodically to set the groundwork for those coming prosecutions, while avoiding an appearance of stage managing processes that are supposed to be handled at the US Attorney level.
But then by all means move on to the question of Sullivan hiring Beth Wilkinson:
Gen. Flynn’s counsel files a Petition for Writ of Mandamus with the Court of Appeals for the DC Circuit, asking the Court to “Mandate” that Judge Sullivan dismiss the case based on controlling Circuit precedent, an exercise that almost never produces an Writ such as that sought by the Defendant.
Giving a “one finger salute” to the filing of the Petition, Judge Sullivan enters an Order setting a briefing schedule for the filing of opposition and reply briefs on the issues before the Court as set forth in the DOJ motion to dismiss, setting a hearing date nearly two months away.
The next morning the Circuit Court of Appeals ORDERS a district judge to personally respond to the Petition for Writ of Mandamus and address the issue of whether he has any discretion on the question of granting the motion to dismiss the case — giving him only 10 days to do so, which includes a federal three-day holiday weekend.
Judge Flynn doubles down by hiring private legal counsel to assist him in responding to to the Circuit Court’s order.
You couldn’t ever make this up.
Judge Sullivan has hired the very experienced and very well know Washington DC criminal defense attorney Beth Wilkinson to “represent” him in connection with the Circuit Court order, although it remains an open question whether the Circuit Court will accept or hear anything from her on Judge Sullivan’s behalf. Their order was specific as to him, he’s not a “party” represented by counsel, and if Judge Sullivan is not capable of answering a question about the application of a Rule of Criminal Procedure, the Appeals Court might want to take up the question of Judge Sullivan’s fitness to serve as a district court judge since understanding and applying the Rules of Procedure is kind of a basic job requirement for the position.
So what is it that Judge Sullivan hopes to accomplish by hiring Attorney Wilkinson?
Among the relief requested in the Petition filed by Gen. Flynn’s counsel is that the matter be reassigned to another district court judge, setting forth the litany of hostile comments made by Judge Sullivan in writing and in open court about Gen. Flynn and his current counsel. ...
It would also be a huge personal humiliation for Judge Sullivan, and could end his career.
Placing Beth Wilkinson — well known and respected by all the Circuit Court Judges — between Judge Sullivan and the three judge panel of the appeals court seems to me to be an effort to insure that Judge Sullivan’s response is measured and non-antagonistic — ...
Her reputation is one of insuring that “cooler heads prevail”. With a week to prepare a response, I think she’ll be successful in making that happen.
Notice one thing implicit in what shipwreckedcrew is stating here--but which I omitted. He openly suggests that
My theory is that this course was urged upon him by supporters ...
Not by his clerks, or his wife. By "supporters." Is a judge supposed to have "supporters" advising him on how to manage a case? I think not. Yet at the same time I think every judge and lawyer in DC knows who those "supporters" were--former federal judge and lawfare style prosecutor John Gleeson and the other likeminded attorneys who have been publishing strongly partisan op-ed pieces in the WaPo. And now it appears that Sullivan is leaking to the WaPo his intentions.
In such a situation, how possible is it anymore to try to return to normal, without addressing the attempted usurpation by Sullivan of properly executive decisions? If Sullivan isn't reined in in no uncertain terms, is it only a matter of time before more "resistance" judges--"resistance" because there are, we hear on the best authority, no "Obama" judges--begin tying up the courts with similar ploys? Are there even enough "honest liberals" remaining to hold the line somewhere, at some mutually and societally acceptable notion of the proper judicial function? Recent partisan attacks on AG Barr suggest otherwise. It seems that the higher courts need to find a way to step in to restore order.
Funny how these things work:
Charles W - Text TRUMP to 88022 ￼
@GenFlynn supposedly did something wrong and was told he does not need an attorney. ￼
#JudgeSullivan supposedly did nothing wrong but gets a high powered attorney. ￼
I see... ￼
4:36 PM · May 23, 2020
UPDATE: Matt Whitaker gives a sensible 5 minute interview: