If this works it would be good news--make that great news:
#BREAKING: The US and @GenFlynn have agreed no further briefing is needed. Amicus will file his reply by Sept.11 & we are all available for any hearing requested as early as possible Sept. 23. Full filing at https://t.co/af4IbkGSSK@realDonaldTrump @molmccann @marklevinshow— Sidney Powell 🇺🇸⭐⭐⭐ (@SidneyPowell1) September 4, 2020
Techno Fog explains, based on the filing:
Flynn update - the DOJ and Flynn have filed a motion to expedite the resolution of the case.
The parties "agree that this Court should resolve the pending motion to dismiss with dispatch."
Proposed hearing: Sept. 23, 24, 28, or 29.
In agreeing to this schedule, the Amicus obviously did not consult with the Judge beforehand.ReplyDelete
His phone will ring in 3, 2, 1....
That struck me as a bit odd, too.Delete
I take a backseat to no one when it comes to cynicism related to the actions of Judge Gleeson and that crowd. But it is fun to consider if there was a 702 about query with the Judge’s name on it that would cause him to advance the cause of justice by agreeing to bring this sordid mess to a conclusion. Just kidding but hopeful!Delete
Don't think I haven't fantasized about something like that!Delete
My guess the Amicus got a call from Head Judge of DC circus.Delete
It's possible. These things do happen.Delete
"Amicus will file his reply by Sept.11."ReplyDelete
And, what if Amicus fails to do so?
Will he be spanked with wet noodle?
Or nominated for the Nobel Peace Prize?
"Sidney Powell 🇺🇸⭐⭐⭐ReplyDelete
#BREAKING : Judge Sullivan just granted the motion and scheduled the hearing for the 29th. No surprise there...."
I see 2 major possibilities:
1) It's some sort of trap, to play Sidney into steps which will guarantee, that Flynn rots 'til the election; or
2) Rao's & Henderson's articulate dissents really rattled some cages of People Who really Matter, and spurred Sullivan to acquiesce in moving to cut the whole system's losses.
I'd not be shocked, if Big $$ fears that the precedent set here (tacitly backing a judicial witch hunt) may be used against them, enough to threaten pulling big $$ out of US markets, esp. if Biden wins..
All one can do with 'problem' people is try to build a box around them, and then make it smaller and smaller until they cannot move inside. This pleading is a great start to that process! How many times it has to be made smaller will just depend on how difficult Sullivan decides to be. Based on recent experiences, though, it's just a start!ReplyDelete
This worked, so far- just saw Sullivan entered minute order for amicus to file by 9/11, and a hearing on the motion to dismiss set for 11am on 9/29. Sullivan has between now and then to figure how to complicate it more, and, even if he doesn't, he can 'take the matter under advisement' for a long time while he reviews the applicable and complex record to decide how to rule...ReplyDelete
Dunno whether you saw this, but Andrew Weissmann was suggesting that Sullivan could dismiss--without prejudice.Delete
Did not see that, but there's no motion before the court for a dismissal w/out prejudice to rule on. Sullivan could color outside the lines, again, but then there's a ruling to appeal. Also, the example in the Rinaldi dicta/footnote that states a purpose for the 'leave of court' in rule 48(a) is prosecutorial misconduct of dismissing then recharging later as the evil to be prevented.Delete
Of all the things I've ever heard AW being accused of, being a good lawyer is not one of them! When you're reversed by a 9-0 S. Ct. in the major case of your career, it's called a 'clue' in the detective world...haha
"then there's a ruling to appeal."Delete
And more delay.
Good old Weissman. Wants to be able to hit Flynn again… Whatta guy.Delete
Righties had better get used to this. It's a fight to the death.
I expect Sullivan will rule in some way that will require an appeal of some sort. He'll take a nice long time to come up with that ruling after the hearing on the 29th as well.ReplyDelete
This sounds like Amicus is making it so Sullivan can gracefully end this fiasco with dismiss--without prejudice. My guess this is what the Appeals Court would prefer.ReplyDelete
Or is Amicus doing this to avoid an immediate appeal to the Supreme Court on the Writ of Mandemus by Sydney Powell, and give the opportunity for more delays past the election?
Take your pick, I guess.Delete
My guess would be there was a deal of some type that DOJ/Flynn would not attack the appointment of the amicus if he agreed to the timetable. This probably was important to the amicus to have some way to file for a fee...haha It would also benefit DOJ/Flynn, cause the amicus challenge would take time, which they're trying to cut. Just speculation, obvi.Delete
Gleeson (Judge Sullivan's pet Amicus) brief filed:ReplyDelete
Yeah, I read it and decided not to bother. It reads like an op-ed at a lefty site. The bottom line is that DoJ wants a ruling ASAP, but are gonna hafta wait on Sullivan.Delete