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Tuesday, September 29, 2020

The DoJ States Its Position In Flynn Case

Per Leslie McAdoo Gordon, these are the four points Hashim (“Hash”) Mooppan presented:

Mr. Mooppan has 4 points. 

First is that there is no case or controversy, which Sullivan said he wasn't going to discuss. 

He's saying it's not a separate issue. It's one of the govt's grounds for dismissal. 

Second issue: Court isn't a rubber stamp, but the examples Gleeson used don't apply here. This isn't a case of a rogue prosecutor. This case is the "considered view" of the US. 

3rd: The US has exclusive authority to dismiss; Fokker give court no role to disagree with DOJ's determination. Nixon and Fokker are controlling. 

4th: materiality. DOJ cited Safavian - he gives the page. Says that is about whether a jury "could" convict, not "should" and certainly not whether the DOJ "should" pursue. 


After Mooppan, Ken Kohl reviews some of the evidentiary problems with any prosecution of Flynn. Brief examples:

Barnett 302

Comey's testimony to HPSCI: 

saying it was a "close one" - he doesn't know if Flynn lied. Kohl says that would be a problem for DOJ. DOJ doesn't prosecute people unless they are SURE there is a crime; not that there might be.


Calling Strzok as witness? Who misled the FISC?

It's simply a weak case, even assuming there had been a reason for it to begin with.

I assume Sullivan will deny the motion--because he can. To delay.

6 comments:

  1. Listening to hearing. Sullivan = Mme DeFarge at the guillotine. Knitting, knitting, knitting...

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    Replies
    1. Be careful. Listening to sh*t like that can make you stupid.

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    2. Sullivan is so obsessed that he gets lost in the woods of his own words.

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    3. I’m about to turn it off and wait for today’s last page. Sullivan still sounds as though his feet are planted in cement… and his brain.

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  2. I'm guessing Sullivan knows this is his last case he'll ever be assigned (other than traffic court); wants to grand stand on his last moment in the floodlights, no matter how much of an ass he makes of himself.

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  3. Gleeson says the if dismissal is not granted and the DOJ refuses to prosecute, it would show great disrespect for the court.

    Pretty much.

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