Patterico's Pontifications

5/20/2020

Flynn Lawyer Melodramatically Asks Court of Appeal to Shut Judge Sullivan Down

Filed under: General — Patterico @ 8:29 am



Sidney Powell, the lawyer for disgraced convicted liar Michael Flynn, has filed a Very Dramatic Document with the D.C. Court of Appeals, titled Emergency Petition for a Writ of Mandamus.

Powell describes the district court’s role as a “ministerial” rubber-stamping of the Government’s decision. She wants Flynn’s case dismissed with no further discussion. No amicus briefs. And give Flynn a different judge too! The reason? Flynn is a Victim, and he has been Victimized Enough.

An innocent man has been the target of a vendetta by politically motivated officials at the highest level of the FBI. The egregious Government misconduct, and the three-year abuse of General Flynn and his family, cry out for ending this ordeal immediately and permanently. The district judge’s orders reveal his plan to continue the case indefinitely, rubbing salt in General Flynn’s open wound from the Government’s misconduct and threatening him with criminal contempt.

Oh, my.

Petitioner has already suffered an unimaginable ordeal at the hands of unscrupulous high-ranking Government officials and a three-year prosecution. He has suffered the opprobrium of much of the country — which he reveres and for which he has risked his life — financial ruin, and the mental anguish caused by the prospect of prison and the unscrupulous threat to prosecute his son. All for no legitimate reason

Oh, my!

Petitioner, through no fault of his own, has been drawn into a Kafkaesque nightmare that is a cross between The Trial and In the Penal Colony. He has been subjected to deception, abuse, penury, obloquy, and humiliation.

Oh, my!

Had they stopped with the deception, abuse, and penury, they could have gotten away with it — but when they piled on with [Siri consult online thesaurus for synonym of humiliation] obloquy and humiliation, well, that’s when the shiitake mushrooms got real.

I mean, Flynn, who never did a single thing wrong [muttering: other than lie to incoming Vice President Pence, other incoming Trump administration officials, and federal agents, and also some other stuff he never got prosecuted for], is facing the possibility of a modest prison sentence almost certainly served at home if he is not pardoned, which he will be the equivalent of being subjected to a torture device in which his sentence is carved onto his skin before he dies a painful death. How could a court not act?

Here in the real world, a court does not have to rule on the merits of such a petition — especially one as patently silly as this one. The most common result of such petitions is a denial with a single sentence: “The Emergency Petition for a Writ of Mandamus is DENIED.” Denial does not mean that Flynn would lose an eventual appeal. Just that the court doesn’t think it’s an emergency.

I’m trying to get out of the prediction business. I told friends that the Trump tax returns cases were well covered by precedent and then listened to a Supreme Court argument with “conservative” justices wringing their hands about PRESIDENTIAL HARASSMENT! I watched the D.C. Circuit issue an absurd (now vacated) decision saying the House can’t enforce subpoenas in court. Back in my predicting days, I would have said the judges of the D.C. Circuit would issue a postcard denial of this nonsense in two seconds flat. Now? Who knows?

Meanwhile, am I correct to understand that neither Roger Stone and Paul Manafort is in federal prison but Michael Cohen is?

[UPDATE: Due to an attack of brain flatulence, I somehow said Powell wants Flynn “sentenced” when obviously she wants the case dismissed. I think everyone understood what I meant but still, embarrassing! Sorry for the error, which I have fixed.]

197 Responses to “Flynn Lawyer Melodramatically Asks Court of Appeal to Shut Judge Sullivan Down”

  1. Ok – so now you’re defending Sullivan’s Circus? I hope the Appeals does answer the petition. Talking about “Melodramatic” it is, simply ignores her non-dramatic points. Did you disagree with those?

    rcocean (2e1c02)

  2. Powell’s point is that Sullivan is a biased judge who is doing things that are not supported by the Law or Regulation. We all know this is going to end only one way – Flynn will be freed. So why waste everyone’s time. Let the Appeals court close down this clown circus!

    rcocean (2e1c02)

  3. Sidney Powell, the lawyer for disgraced convicted liar Michael Flynn

    I doubt there will be any surprises further on in the column.

    Kevin M (ab1c11)

  4. Talking about “Melodramatic” it is, simply ignores her non-dramatic points. Did you disagree with those?

    Yes. Every single one.

    Patterico (115b1f)

  5. Talking about “Melodramatic” it is, simply ignores her non-dramatic points.

    A lawyer with actual legal arguments to make would not indulge them in a court filing. Unless of course the filing was mostly intended for public consumption and not the actual judges deciding the case. So tje mere fact she included that melodrama means she has no real legal arguments to make.

    Kishnevi (165c19)

  6. disgraced convicted liar Michael Flynn

    That’s hilarious! Honestly made me laugh.

    Meanwhile, am I correct to understand that neither Roger Stone and Paul Manafort is in federal prison but Michael Cohen is?

    I believe you are correct. Additionally the DOJ dropped the prosecution of the Russians accused to cyber crimes against the DNC. There wasn’t much coverage of this because the announcement came out on a Friday.

    I assume this will also make America great because punishing agents of an adversarial foreign power for breaking our laws is bad or something. I really miss the days when Republicans cared about following our laws and showed patriotism.

    Time123 (f5cf77)

  7. Powell’s point is that Sullivan is a biased judge who is doing things that are not supported by the Law or Regulation. We all know this is going to end only one way – Flynn will be freed. So why waste everyone’s time.

    Sullivan is doing it in a way that will make sure any skullduggerry on either side gets exposed in public. So it’s far from a waste of time. It’s an actual example of 3D Chess.

    Kishnevi (165c19)

  8. Re: Michael Cohen. It’s just further proof of Margaret Chase Smith’s Law – No good deed goes unpunished.

    John B Boddie (f44786)

  9. You can ask ted stevens about that, you might have to wait a while.

    Narciso (7404b5)

  10. OK, now put your defense cap on.

    Sidney Powell or Covington & Burling — who would you choose to argue your case? Or, lay down to avoid melodrama?

    beer ‘n pretzels (84e2fc)

  11. Has this lady ever tried a case? She reminds me of the Tom Cruz character of the first half of A Few Good Men.

    nk (1d9030)

  12. Ted wishes he could offer Tom to swap Cruz for Cruise…probably be POTUS now.

    urbanleftbehind (718699)

  13. Watch her go to Chief Justice Roberts for a supervisory order when the DC Circuit denies the mandamus.

    nk (1d9030)

  14. Actually, I was thinking of Penelope, urbanleftbehind.

    nk (1d9030)

  15. Pat… how would you square the Supreme Court’s thrashing of the 9th circuit in:
    https://www.scotusblog.com/case-files/cases/united-states-v-sineneng-smith/

    …to, Sullivan’s actions?

    whembly (c30c83)

  16. Patterico, Is ‘convicted liar’ or ‘confessed liar’ more correct?

    Time123 (f5cf77)

  17. 3-D chess. Hilarious. I doubt Sullivan plays chess, just plays politics.

    rcocean (2e1c02)

  18. Isn’t BIll Clinton a “convicted liar”? If so, shouldn’t we thank Trump for keeping him and his wife out of the White house in 2016?

    rcocean (2e1c02)

  19. only before the us supreme court in the Arthur Anderson case, 9-0, against Weissman, but the patient was dead and dismembered by them,

    narciso (7404b5)

  20. Hilarious. I doubt Sullivan plays chess

    I’m sure he plays it better than Trump.

    But whatever Sullivan’s intentions, this will result in exposing whatever corruption was involved on both sides. Isn’t that something you would want?

    Kishnevi (4b61f0)

  21. McCabe lies to the FBI and skates. Hillary destroys emails and uses her proviate servicer for public business and skates. Comey, Clapper, and Brennan lie to congress and skate. Eviendetly nothing you can do can get you in trouble – if you’re a Democrat.

    Meanwhile, Stone and Flynn are still twisting in the wind.

    rcocean (2e1c02)

  22. rcocean, you must be so mad at Trump and Barr for being part of the deep state conspiracy that’s letting McCabe and Hillary skate.

    Time123 (f5cf77)

  23. Some staffer at the Senate Intelligence got convicted of leaking classified information and got a slap on the wrist – two months IRC. Has anyone been investigated for leaking Flynn’s conversation with the Ruskkies in Jan 2017 or the fake Hillary financed steele dossier?

    I don’t think so. And how did Comey get away with leaking his private classified converstation with Trump? But I’m supposed to support a 3 year witch hunt against Flynn. No can do.

    rcocean (2e1c02)

  24. And the question is: If you’re mad about Flynn – why aren’t you mad at all the other people skating and why isn’t the MSM also mad. Instead, it all goes one way. curious that.ITs amost like they don’t believe in the rule of law AND are biased in favor of Democrats.

    rcocean (2e1c02)

  25. whembly (c30c83) — 5/20/2020 @ 9:28 am

    That case is actually irrelevant to this. Sullivan is doing what the rules say he should do. There are no issues before the court that were not already before it, or raised by the DOJ motion to dismiss.

    The Sinenen-Smith case would however suggest that Roberts’s method of saving the ACA by redefining a mandate as a tax was invalid.

    Kishnevi (4b61f0)

  26. I’m sure he plays it better than Trump.

    Well, I’m sure of one thing. Trump IQ exceeds yours and everyone esle’s on this bblog.

    rcocean (2e1c02)

  27. rcocean (2e1c02) — 5/20/2020 @ 9:43 am

    Don’t ask us. Ask Sessions and Barr. The DOJ has been under their supervision since January 20, 2017.

    Kishnevi (4b61f0)

  28. @23 & 24. So why hasn’t Barr done anything about that? Seriously there aren’t that many options.
    1. There isn’t evidence to support what you assert.
    2. There is evidence but Barr isn’t acting on it.

    Which is it? Are you wrong? or are Trump / Barr part of the cover up?

    Time123 (f5cf77)

  29. Weissman targeted Arthur Anderson but not other bigger Enron enablers like goldman or bp, ask yourself why,

    narciso (7404b5)

  30. @26, Was that estimate of his IQ before or after he suggested we inject disinfectant?

    Time123 (f5cf77)

  31. A melodramatic filing, challenging a melodramatic order, by a melodramatic judge.

    What’s the problem?

    MJN1957 (0140eb)

  32. Like anyone has any idea of what Trump’s IQ is.

    Kishnevi (4b61f0)

  33. I mean, Flynn, who never did a single thing wrong […], is facing the possibility of a modest prison sentence almost certainly served at home if he is not pardoned, which he will be the equivalent of being subjected to a torture device in which his sentence is carved onto his skin before he dies a painful death. How could a court not act?

    You left out the part where his fingers were chopped off, joint by joint, until he confessed under oath in open court!

    Dave (1bb933)

  34. This just in:

    Carl Bernstein and John Dean have just declared that accusations against Obama are “worse than Watergate” while Dan Rather has “spoken truth to power” by denouncing the accusers as Racists and has contacted Lucy Ramirez for the proof.

    rcocean (2e1c02)

  35. Trump would never play chess – it’s too hard to cheat.

    Dave (1bb933)

  36. 3-D chess. Hilarious. I doubt Sullivan plays chess, just plays politics

    Would those be the same politics he played with Ted Stevens’ prosecutors?

    Isn’t BIll Clinton a “convicted liar”?

    Only in a world where facts don’t matter. In other words, yes, to you he’s a convicted liar.

    lurker (d8c5bc)

  37. #32 Yep its all a mystery. What is truth? What is “is”? Do we really exist or is all just a dream? Its so grey and nuanced and unknowable.

    rcocean (2e1c02)

  38. Like anyone has any idea of what Trump’s IQ is.

    Kishnevi (4b61f0) — 5/20/2020 @ 9:49 am

    He’s super smart, has the best words, his uncle taught at MIT, everybody says they’re very surprised at how smart he is.

    Time123 (653992)

  39. …everybody says they’re very surprised at how smart he is.

    Yes, but not in a good way.

    Ragspierre (d9bec9)

  40. #25

    whembly (c30c83) — 5/20/2020 @ 9:28 am

    That case is actually irrelevant to this. Sullivan is doing what the rules say he should do. There are no issues before the court that were not already before it, or raised by the DOJ motion to dismiss.

    The Sinenen-Smith case would however suggest that Roberts’s method of saving the ACA by redefining a mandate as a tax was invalid.

    Kishnevi (4b61f0) — 5/20/2020 @ 9:45 am

    The supreme court literally smacked down the same justification that the 9th circuit used.

    So no, Sullivan is not “doing what the rules say he should do”. He’s abusing that same rule that the reversed 9th circuit justified in that Sinenen-Smith case.

    whembly (c30c83)

  41. RE: 3-D chess

    I think Judge Emmet Sullivan is aiming for agree in to the dismissal of the case but sentencing Mike Flynn to a few months in jail for contempt of court. Trump can’t pardon him from that, I believe, but I am ready to be corrected.

    Earlier, Patterico asked, where is Mike Flynn liable for perjury? The answer is contained in a New York Times article that ran last Saturday in the printed paper.

    https://www.nytimes.com/2020/05/15/us/politics/michael-flynn-case-explained.html

    Mr. Flynn has said under oath multiple times — and signed a statement under penalty of perjury — that he knowingly lied to the F.B.I. agents. When he pleaded guilty in a 2018 hearing, Judge Sullivan questioned him at length about his actions, warning him “any false answers will get you in more trouble.” …

    …In a sworn declaration in January, he claimed that he “did not lie to the agents” and that he had not remembered the details of his phone calls with the ambassador. He said he pleaded guilty only because his former lawyers had advised him to and he feared the consequences if he insisted he was innocent.

    So there he is under oath contradicting himself.

    Sammy Finkelman (07f19d)

  42. or are Trump / Barr part of the cover up?

    It seems that, despite Trump’s verbiage, Barr is not using the DOJ to wage jihad against political opponents, as Trump critics have done — and would do if the situation were reversed.

    You might give him credit for that.

    beer ‘n pretzels (b61153)

  43. It’s again a source of dark amusement to watch supporters of a self-confessed liar and known felon launch platoons of straw men to try to deflect from the points raised by Patterico.

    This mandamus motion is a dirty joke. Let Sullivan play out his inquiry, and let him deal appropriately with all the interests this case has put before him. There are serious questions that deserve answers AND appropriate consequences.

    Ragspierre (d9bec9)

  44. Barr is not using the DOJ to wage jihad against political opponents, as Trump critics have done…

    When?

    Ragspierre (d9bec9)

  45. The irony gods will weep if Flynn isn’t allowed to return, phoenix-like, to the MAGA podium and lead lunatic throngs in chants of “LOCK HER UP!!!”

    lurker (d8c5bc)

  46. You might give him credit for that.

    Or maybe Trump’s charges are so ludicrous and devoid of merit that not even a compliant lap-dog like Barr can take them seriously.

    Dave (1bb933)

  47. More:

    What would it mean if the judge found Mr. Flynn in contempt?

    Contempt of court can be a crime. Under a Federal Rule of Criminal Procedure, federal judges — without the involvement of the Justice Department prosecutors — may fine or imprison people who misbehave in court in a way that impedes the administration of justice.

    Judge Sullivan appears to be contemplating deeming Mr. Flynn’s contradictory statements to him while under oath as such misconduct. That would be highly unusual, some legal experts said, but probably in his discretion.

    And this is maybe not just a pretext. Judge Sullivan may very well not like the way his court has been played with.

    First, Flynn pleads guilty to something in order to avoid other charges. Then, he postpones the sentencing. Then, when the danger of being prosecuted on other maters has passed, he attempts to withdraw the guilty plea. To do so, he has to lie under oath – either in admitting guilt in the first place, or in denying it later.

    When Flynn pleaded guilty, the judge apparently was suspicious that Flynn might have something like this in mind. And former mafia prosecutor and retired federal judge, John Gleeson, may get Flynn’s old lawyers to admit that.

    Sammy Finkelman (07f19d)

  48. Well, I’m sure of one thing. Trump(sic) IQ exceeds yours and everyone esle’s(sic) on this bblog(sic).

    Heh! Good one, rcocean. Nice touch that you resisted the urge to add “Covfefe”.

    nk (1d9030)

  49. rcocean may be the smartest cat here, though I’ve never seen a scintilla of evidence to support that.

    There are some pretty smart folks populating this blog, and most of them never have to lie to make a point. Unlike some.

    Ragspierre (d9bec9)

  50. Do I need to remind all you de minimisarians that they got Al Capone for tax evasion? “Lying to the FBI” is only the froth on top of the scum floating on the surface of the cesspool. Will it do any good? To remind you?

    nk (1d9030)

  51. Al Capone murdered people. Flynn ran afoul of Obama. Wonderful point. The IQ on this blog in full display.

    beer ‘n pretzels (b61153)

  52. Al Capone murdered people. Flynn ran afoul of Obama.

    False.

    Ragspierre (d9bec9)

  53. #41 I believe that Trump can pardon anyone for any federal offense, which would include contempt of court. Nixon, IRC, and pardoned for *any* crimes he *could* have committed, which is a fairly large territory. In any case, any Contempt would be immediately appealed, and probably overruled, although who knows with today’s appeals judges.

    Certainly, Sullivan can try to “run out the clock” and force a Pardon from Trump. That’ seems to be the game here. Plus, just causing Flynn more problems and winning Sullivan more points with his left wing buddies.

    rcocean (2e1c02)

  54. There are some letters in the wall street Journal responding to Alan Dershowitz’s May 14 Op-ed piece that says, in brief, that, although Supreme Court precedent does not support such a reading, in reality Judge Sullivan has no business doing anything except the ministerial duty of allowing the charges to be dropped because an Article III court can only decide cases or controversies and there is none here any more.

    One letter says that it is not that unusual for a court to appoint third party “friends of the cort” to assist a judge.

    It also responds to an editorial which cited U.S. v Sineend Smoth saying that;s atottally different matter. That involved acourt of Appeals accepting new leal arguments brouht up amici in briefs in the absence of any extraordinary circumstances.

    A second letter mentions the “interest of justice” standard. He cites the Hillside strangler case in 1979 where a judge refused a dismissal and forced a prosecution by the attorney General of the State of California, whom he appointed to take charge of the case. The judge on that case, Ronald George, later became chief justice of California.

    Sammy Finkelman (07f19d)

  55. I don’t think Flynn had the power to postpone his own sentencing, Sammy.

    I recall Mueller’s team postponing his sentencing many times as he was theoretically working with them.

    Ingot9455 (cfa567)

  56. Heh! Good one, rcocean. Nice touch that you resisted the urge to add “Covfefe”.

    There’s little correlation between IQ and spelling – let alone Typing. For most people, spelling is just a matter of experience and taking the trouble to run spell checker or look up a word. Or in my case, typing slow enough for it to come out right.

    There’s a theory that Trump deliberately tweets misspellings, which I think is correct. He could have someone double check all spelling – but doesn’t. his critics then retweet and comment on it, thereby getting his message more coverage and views. Because most people don’t care about spelling.

    rcocean (2e1c02)

  57. 50. nk (1d9030) — 5/20/2020 @ 10:23 am

    Do I need to remind all you de minimisarians that they got Al Capone for tax evasion?

    They didn’t really “get” him on tax evasion.

    He was tricked into pleading guilty, on the premise that he would get a light sentence.

    But after that members of the Outfit were always careful to show some source of legitimate income.

    Sammy Finkelman (07f19d)

  58. #54 I thought it was unusual in CRIMINAL CASES.

    rcocean (2e1c02)

  59. The real mob bosses wanted lower ranking members to think they needed their help to stay out of jail.

    Sammy Finkelman (07f19d)

  60. 58.

    #54 I thought it was unusual in CRIMINAL CASES.

    That probably is correct.

    The letter seems to say it is not unusual in IMPORTANT cases.

    Sammy Finkelman (07f19d)

  61. Trump pardoned Arpaio for contempt of court.

    Who would contest the pardon, anyway? Now or in the future? Contempt carries no disabilities. Flynn could still own guns, vote, and run for public office.

    Heck, even if nobody lifted a finger, and Sullivan sentenced Flynn to jail, and let’s say, for the sake of argument, Barr’s Bureau of Prison accepted the mittimus in the first place, would they require anything more than for Flynn to show up every day, sign the book, and then leave?

    nk (1d9030)

  62. BTW, Sullivan has not been “played”. Flynn has already stated that he was tricked into pleading guilty by threats against his son and his incompetent – soon to be fired – lawyers. The DoJ states the new evidence provided by the FBI/Mueller Team shows Flynn’s crime was not material and has withdrawn the case. I’m not sure how Sullivan was played. Of course, if he hadn’t dragged out the case for years, he wouldn’t be where he is.

    rcocean (2e1c02)

  63. 55. Ingot9455 (cfa567) — 5/20/2020 @ 10:33 am

    I don’t think Flynn had the power to postpone his own sentencing, Sammy.

    He could hope to do that with legal motions. And he did.

    I recall Mueller’s team postponing his sentencing many times as he was theoretically working with them.

    Well, that’s another way.

    Sammy Finkelman (07f19d)

  64. #61 While Flynn’s punishment would be light, there shouldn’t be ANY punishment. How precisely did Flynn show “contempt for the court”? This seems like Sullivan is just biased against Flynn and thinks he should be punished, no matter what.

    This is all highly unusual. District Judges don’t keep cases going with the Fed Prosecutors say they should end. And Fed Judges usually don’t find people in criminal Contempt for obscure – soon to be declared – reasons. Or ask their buddies to file briefs in criminal cases giving reasons why they should.

    Again, its just a clown circus. I assume Sullivan isn’t needed on other cases, and this is just something to keep him interested during the CV-19 shutdown.

    rcocean (2e1c02)

  65. Sullivan let the fraudulent admissions against ted stevens into the court record and led to his conviction ans the 59th vote for obamacare, only later did he discover it was a fraud.

    Narciso (7404b5)

  66. IIRC, criminal contempt requires a jury trial. (Unless the contempt is in his presence, like cursing out the judge.)

    Rule 42 of the Federal Rules of Criminal Procedure. Criminal Contempt

    (a) Disposition After Notice. Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.

    (1) Notice. The court must give the person notice in open court, in an order to show cause, or in an arrest order. The notice must:

    (A) state the time and place of the trial;

    (B) allow the defendant a reasonable time to prepare a defense; and

    (C) state the essential facts constituting the charged criminal contempt and describe it as such.

    (2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.

    (3) Trial and Disposition. A person being prosecuted for criminal contempt is entitled to a jury trial in any case in which federal law so provides and must be released or detained as Rule 46 provides. If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the defendant consents. Upon a finding or verdict of guilty, the court must impose the punishment.

    (b) Summary Disposition. Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its presence if the judge saw or heard the contemptuous conduct and so certifies; a magistrate judge may summarily punish a person as provided in 28 U.S.C. §636(e). The contempt order must recite the facts, be signed by the judge, and be filed with the clerk.

    Bored Lawyer (56c962)

  67. Only after the schuelke report he acted, it seems justice is not his main consideration.

    Narciso (7404b5)

  68. rocean,

    Serious question: Does somebody pay you to do this?

    lurker (d8c5bc)

  69. How precisely did Flynn show “contempt for the court”? This seems like Sullivan is just biased against Flynn and thinks he should be punished, no matter what.

    That was dealt with by Sammy up-thread. Don’t you read?

    Ragspierre (d9bec9)

  70. IIRC, criminal contempt requires a jury trial.

    Doesn’t 3 (b) obviate a jury trial?

    Ragspierre (d9bec9)

  71. Only after the schuelke report he acted, it seems justice is not his main consideration.

    That’s true of judges generally. They can’t deal in “justice”. Only the law, rules and evidence.

    Ragspierre (d9bec9)

  72. 64. is just another load of silly, uninformed apologia pro Flynn. It means nothing.

    Ragspierre (d9bec9)

  73. He allowed a fraud on the court, he perpetuates one that occurred with the plea in contreras court (who subsequently recused himself because of contact with strzok)

    Narciso (7404b5)

  74. IIRC, criminal contempt requires a jury trial.

    No. Just the opposite. Not even statutory criminal contempt requires a jury trial because the authorized penalties are below the Constitutional threshold (whatever that may be these days). See, again, Arpaio.

    nk (1d9030)

  75. The Flynn writ petition isn’t the first melodramatic one that’s ever been filed and it won’t be the last. That’s the style some lawyers have. Powell is supposed to be a pit bull type, so you wouldn’t really expect a measured tone from her. It also makes some sense to adopt a hyperbolic tone — if the appellate court doesn’t think the attorney is outraged over the alleged injustice, then why should it step in?

    That said, a writ petition seems premature because Judge Sullivan hasn’t done anything substantive yet. He’s asked for briefing on an issue. I don’t see how that counts as sufficient evidence that he has prejudged anything, even if everyone is guessing the judge is looking for some way to slam Flynn. Probably most trial lawyers can recall times they thought a judge was leaning a certain way and then made a completely opposite ruling. Maybe Judge Sullivan is just trying to do a thorough job of his Rule 48 inquiry. I don’t think very many appellate courts like to wade into a trial court matter because they think the trial judge might do something that might not be justified.

    RL formerly in Glendale (40f5aa)

  76. Sidney Powell or Covington & Burling — who would you choose to argue your case? Or, lay down to avoid melodrama?

    If the facts were on my side, C&B. If my case were being tried in the court of public opinion to get a pardon (or a tanking by the corrupt DOJ), then Powell.

    David Nieporent (9c8c00)

  77. Pat… how would you square the Supreme Court’s thrashing of the 9th circuit in:
    https://www.scotusblog.com/case-files/cases/united-states-v-sineneng-smith/

    …to, Sullivan’s actions?

    Easily: they’re completely unrelated, and nobody outside of Twitter law thinks the Supreme Court’s decision has any relevance. In Sineneng Smith, the 9th circuit appointed amicus to argue an issue that wasn’t before the court because neither party had raised it. Here, Sullivan is appointing amicus to argue an issue that is directly before the court because the DOJ made a motion on that very issue.

    David Nieporent (9c8c00)

  78. @77 Thanks David, I stand corrected.

    whembly (c30c83)

  79. Asking for mandamus is a rather rare…and somewhat risky…move.

    I’ve only seen one granted once, and that was on a point of law where the judge just applied a wrong standard. This being a good, fair judge, he took it in stride. Some judges resent it, which makes the determination to seek mandamus a bit tricky.

    As I said earlier, this motion was a dirty joke. It was almost all heat and essentially no light. Besides which, Sullivan is a very experienced judge and the appellate judges know him well. He very likely has a very strong record with them.

    Ragspierre (d9bec9)

  80. He deprived of senator of liberty and enabled an electoral fraud, you would think he would tread more carefully.

    Narciso (7404b5)

  81. No he didn’t. And what makes you think he’s not careful?

    Ragspierre (d9bec9)

  82. the evidenciary record is clear that was a fraud, so he perpetuates another with the appointment of Gleeson, who has already made up his mind, about the case,

    narciso (7404b5)

  83. he would tread more carefully.

    That’s exactly what he’s doing.

    Kishnevi (0a3941)

  84. #68 – Given your name and the quality of your posts, we know no one is paying you.

    rcocean (2e1c02)

  85. 66 – subparagraph (b) indicates the opposite:

    Summary Disposition. Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its presence if the judge saw or heard the contemptuous conduct and so certifies; a magistrate judge may summarily punish a person as provided in 28 U.S.C. §636(e). The contempt order must recite the facts, be signed by the judge, and be filed with the clerk

    rcocean (2e1c02)

  86. the evidenciary record is clear that was a fraud, so he perpetuates another with the appointment of Gleeson, who has already made up his mind, about the case,

    What record? What fraud? What support do you have for attacking Gleeson? What the hell are you going on about?

    Ragspierre (d9bec9)

  87. Given your name and the quality of your posts, we know no one is paying you.

    Why don’t you answer Lurker’s question?

    Ragspierre (d9bec9)

  88. his Washington post piece, his firms representation of Weissman, the fraudster behind the destruction of Arthur Anderson, sally yates, the conveyor of the leak to david Ignatius, that set this whole fraud in motion,

    narciso (7404b5)

  89. Given your name and the quality of your posts, we know no one is paying you.

    Why don’t you answer Lurker’s question?

    Ragspierre (d9bec9) — 5/20/2020 @ 12:32 pm

    Would you be willing to accept a badly written list of imagined grievances and conspiracy theories what are inconsistent with observable behaviors? Because she can do that all day long.

    Time123 (653992)

  90. his Washington post piece, his firms representation of Weissman, the fraudster behind the destruction of Arthur Anderson, sally yates, the conveyor of the leak to david Ignatius, that set this whole fraud in motion,

    His job is to argue against Flynn and the DOJ. He’s not supposed to be impartial. So the more biased he is, the better he’ll do the job he’s supposed to do.

    Kishnevi (0a3941)

  91. Where’s Judge Selya of the First Circuit when you need him: A gallimaufry of asseverational arrays, long on perfervid rhetoric, but short on substance, eh?

    nk (1d9030)

  92. rcocean,

    In the same comment you replied to, Bored Lawyer printed the rule including subparagraph (b), and he even specifically noted that no trial is required when “… the contempt is in his presence, like cursing out the judge.”

    DRJ (15874d)

  93. Some staffer at the Senate Intelligence got convicted of leaking classified information and got a slap on the wrist – two months IRC. Has anyone been investigated for leaking Flynn’s conversation with the Ruskkies in Jan 2017 or the fake Hillary financed steele dossier?

    I don’t think so. And how did Comey get away with leaking his private classified converstation with Trump? But I’m supposed to support a 3 year witch hunt against Flynn. No can do.

    It’s curious how far afield some will go without noting the obvious. So much has been invested the last 3.5 years in that which has either been mischaracterized and/or disproven that it forces some true believers to take odd, comical positions in an effort to shore up ongoing, nonsensical activities.

    Colonel Haiku (2601c0)

  94. Where have Trump’sand Barr’s DOJ been the last 3+ years, Colonel Haiku? They aren’t investigating leaks so they must be plotting to protect Trump and his cronies.

    DRJ (15874d)

  95. Was that estimate of his IQ before or after he suggested we inject disinfectant?

    Did that actually happen? Or is that just more idiotic media projecting their demented hopes and dreams?

    Colonel Haiku (2601c0)

  96. Why would that matter, DRJ, and to who? Barr is called everything short of a child of God around here.

    More will be forthcoming

    Colonel Haiku (2601c0)

  97. 89. Sure Al Capone murdered people and had them murdered. He did a LOT of other bad or criminal stuff as well. And they got him on income tax evasion.

    Ragspierre (d9bec9)

  98. Why would that matter, DRJ, and to who?

    To me, and enormously.

    Ragspierre (d9bec9)

  99. Cohen was released from prison because of a coronavirus outbreak. He’s currently under house arrest, with an ankle bracelet. And he’s writing a tell all book.

    Manafort, I believe from what I’ve read, is in prison. Stone has not yet started his sentence.

    Gawain's Ghost (b25cd1)

  100. Why is it, do you suppose, that the Trump people have spent the last 3.5 years talking about how everyone is out to get them through illegal methods, and yet no one has been charged with using illegal methods to get the Trump people. Do you suppose it might be because people haven’t actually used illegal methods? Or do you think the Trump people are so incompetent that they can’t manage an investigation even though they “know” what happened?

    @96 https://www.youtube.com/watch?v=33QdTOyXz3w

    Nic (896fdf)

  101. #100,

    You’ve got that backwards.

    lurker (d8c5bc)

  102. Manafort is on the ankle bracelet. Cohen’s announced release to house arrest was rescinded without explanation.

    lurker (d8c5bc)

  103. Gawain, that’s not correct.

    Cohen is still in prison.
    Manafort is under home confinement.

    I think you’re right about Stone.

    Time123 (f5cf77)

  104. @101, It’s the first one.

    Time123 (653992)

  105. In non-lawyer speak, Flynn is a disgraced and disgraceful self-convicted lying POS.

    Ragspierre (d9bec9)

  106. @101: Nic, some questions for you:

    1. Do you think illegal methods were used to convict Ted Stevens?

    2. If Yes to #1, who was charged, convicted and punished? Name them.

    3. If you can’t name anyone in #2, does that mean nobody did anything wrong or illegal? Or, does that mean different standards are at play? Or, what??

    Now, apply your answers to the past 3.5 years.

    beer ‘n pretzels (6bee5a)

  107. What happened to Stevens is irrelevant.

    If anyone leaked criminally or did other crimes in the last 3.5 years*, it’s the job of the DOJ to prosecute them under the leadership of the AG, who is now Barr.

    So if you think someone is guilty of a crime, call up Barr and ask him why he’s not doing his job.

    *In reality, more than that: however far back the statute of limitations allows.

    Kishnevi (2f48a0)

  108. I think B&P is arguing that it’s incompetence.

    Time123 (653992)

  109. Who is B&P?

    Ragspierre (d9bec9)

  110. Beer and Pretzels

    Time123 (f5cf77)

  111. Ah! Thanks, Time.

    Ragspierre (d9bec9)

  112. Look, the melodrama likely appeals to Trump, and gives him fodder for the pardon that will ultimately shuts all this down.

    Appalled (1a17de)

  113. My second WUHANcoronavirus haircut! I’ve discovered my wife does a better barbering job than the peeps I’ve been paying to cut it… you can’t make this up!!!

    Colonel Haiku (2601c0)

  114. “ More will be forthcoming.”

    – Colonel Haiku

    Brave Sir Robin ran away!
    Bravely ran away, away!

    When danger reared it’s ugly head,
    He bravely turned his tail and fled

    Bravely taking to his feet,
    He beat a very brave retreat!

    Brave, brave, brave Sir Robin

    Leviticus (b3a900)

  115. Sullivan let the fraudulent admissions against ted stevens into the court record and led to his conviction ans the 59th vote for obamacare, only later did he discover it was a fraud.

    Um, no.
    The prosecution concealed exculpatory evidence under Brady, which led to Sullivan vacating the Stevens’ conviction. In the case of Flynn, Sullivan rejected Powell’s alleged Brady violations in his December 2019 ruling.

    Paul Montagu (b3f51b)

  116. Leviticus…

    I. AM. YOUR. ROBOT. OVERLORD.

    EAT LESS FRUIT L00PS…

    Colonel Haiku (2601c0)

  117. More declassified info and teh Durham Report will be released soon. We already know there will be criminal referrals.

    Colonel Haiku (2601c0)

  118. @117

    Sullivan let the fraudulent admissions against ted stevens into the court record and led to his conviction ans the 59th vote for obamacare, only later did he discover it was a fraud.

    Um, no.
    The prosecution concealed exculpatory evidence under Brady, which led to Sullivan vacating the Stevens’ conviction. In the case of Flynn, Sullivan rejected Powell’s alleged Brady violations in his December 2019 ruling.

    Paul Montagu (b3f51b) — 5/20/2020 @ 2:21 pm

    But we now know that Van Grack did indeed withold Brady materials.

    whembly (c30c83)

  119. @119

    More declassified info and teh Durham Report will be released soon. We already know there will be criminal referrals.

    Colonel Haiku (2601c0) — 5/20/2020 @ 2:25 pm

    I’m not so concerned about criminal referrals… I’m more interested in a full accounting of what happened and what is going to be done to prevent it from happening again.

    whembly (c30c83)

  120. I’m more interested in a full accounting of what happened and what is going to be done to prevent it from happening again.

    Well, it won’t happen under Trump. Media and Dems will see to that. Will happen again under the next Democratic administration making way for a Republican one.

    Hoi Polloi (dc4124)

  121. But we now know that Van Grack did indeed withold Brady materials.

    Sullivan threw out that allegation out last December, and you don’t know that the latest submission was a Brady violation. Barr moved to dismiss the case before Sullivan could rule again.

    Paul Montagu (b3f51b)

  122. @107 I have no idea. That was the year my direct co-worker was on maternity leave, so I was doing her job and my job, and my principal was retiring and had checked out, so I was doing parts of her job too and we were facing huge budget cuts, so I was trying to figure out how were were going to deal with that. I was quite literally running between responsibilities. I didn’t have time to follow the political and/or legal scandals of a senator from some other state.

    @108 Yes.

    @122 If you think the Rs are weak and ineffectual, even when they hold 2 of the 3 or even sometimes 3 of the 3 main bodies of government, why do you vote for them? Given the Republican rhetoric vs. follow through over the last decade, they sure seem to have a lot of hat (and no cattle).

    Nic (896fdf)

  123. Just announced that Cohen will be released Thursday. Behind paywall, but you can find the story on CNN as well.

    Trump’s Ex-Lawyer Michael Cohen Will Be Released to Home Confinement

    JoeH (f94276)

  124. his Washington post piece, his firms representation of Weissman, the fraudster behind the destruction of Arthur Anderson, sally yates, the conveyor of the leak to david Ignatius, that set this whole fraud in motion,

    You can’t even keep talking points straight. Besides the oddity of calling Debevoise “his firm,” as if Gleeson were running it, they didn’t represent Weissmann. They did represent Yates a few years ago; no idea if they still are. The talking point about Weissmann is that more than a quarter-century ago, they were both at the US Attorney’s office for the EDNY, along with more than 100 other lawyers. The relevance of this is nonexistent.

    And if you have evidence of who leaked to Ignatius, you should post it. But I think Flynn’s behavior is what set this in motion.

    David Nieporent (9c8c00)

  125. 125… what, other than their lining of public sector employee pockets, makes Democrats so attractive to you, nic?

    Colonel Haiku (2601c0)

  126. Whatever TechnoFog is, TechnoFog knows nothing about law.

    Kishnevi (4777d8)

  127. Is Narcisco just good for drive-by crap, or does he/she/it ever answer a question?

    Ragspierre (d9bec9)

  128. All I know is what I read. I read that Cohen was released and is now under house confinement.

    I have not read that Manafort has been released. So I assume he is still in prison.

    I have not read that Stone is in prison. Still awaiting sentencing, I suppose.

    Gawain's Ghost (b25cd1)

  129. 127. David Nieporent (9c8c00) — 5/20/2020 @ 3:58 pm

    And if you have evidence of who leaked to Ignatius..

    There was also the second, more detailed leak, to numerous news outlets, on Feb 10, four weeks after the original leak, that specifically said Flynn had discussed sanctions, and coincided with the FBI bringing along the transcripts to the White House and showing them to Mike Pence and others (instead of just describing them and letting John Eisenberg, a White House lawyer, take strip to the FBI HQ and verifying that they said what the FBI had said they said.)

    If anyone had a recording, if it still existed then, it hasn’t come out in public.

    Sammy Finkelman (07f19d)

  130. Last week’s frothy Trumpalista uproar about Flynn’s “unmasking” is this week’s “never mind“.

    A Republican effort to determine who may have leaked the name of Michael Flynn in connection to his 2016 contact with the Russian ambassador has centered on the question of which Obama administration officials requested his identity be “unmasked” in intelligence documents.
    But in the FBI report about the communications between the two men, Flynn’s name was never redacted, former U.S. officials said.

    Ms. Wheeler called it a week ago.

    There’s probably a very good reason why the original unmasking doesn’t show up on this list, which reflects only NSA products and only finished intelligence reports. According to Jim Comey’s testimony, the FBI found the Kislyak-Flynn calls, not the NSA.

    Paul Montagu (b3f51b)

  131. Mike Pence and some others then (Or was it earlier?) talked to Mike Flynn about the discrepancy reported by the FBI and they were not satisfied with the answers.

    Sammy Finkelman (07f19d)

  132. Besides the oddity of calling Debevoise “his firm,” as if Gleeson were running it, they didn’t represent Weissmann.

    I’ve known Debevoise is up to something ever since they refused me a flyback interview in 1987.

    lurker (d8c5bc)

  133. I’ve known Debevoise is up to something ever since they refused me a flyback interview in 1987.

    Well, why didn’t you say so sooner? String ’em up!

    Of course, if they had offered you a job, then you’d be the one being tweeted about by Trumpkins now, so… silver lining, I guess.

    David Nieporent (9c8c00)

  134. But we now know that Van Grack did indeed withold Brady materials.

    We do not.

    Patterico (115b1f)

  135. Is Narcisco just good for drive-by crap, or does he/she/it ever answer a question?

    You need a decoder ring.

    nk sells them, but they’re not cheap.

    Dave (1bb933)

  136. Heh! Maybe next simulator check…

    Ragspierre (d9bec9)

  137. @122 If you think the Rs are weak and ineffectual, even when they hold 2 of the 3 or even sometimes 3 of the 3 main bodies of government, why do you vote for them? Given the Republican rhetoric vs. follow through over the last decade, they sure seem to have a lot of hat (and no cattle).

    Nic (896fdf) — 5/20/2020 @ 3:36 pm

    Well said, Nic.

    It’s gotten stale how obvious it is that opposing this crap is not the same thing as supporting Team D. In fact, that us or them, both sides giving the same corrupt results, is the best way to support the Hillarys, Trumps, Bidens, etc. Just call it what it is: failure.

    Dustin (d59cff)

  138. nk sells them, but they’re not cheap.

    You can still take advantage of our limited-time promotion which we extended due to Covid-19. Just send a self-addressed stamped envelope and two 1963 Chevrolet Impala convertible tops to:

    Decoder Ring
    P.O. Box 51
    Rachel, Nevada 89001

    nk (1d9030)

  139. Re narciso, admittedly I miss the days a good drinking game could be had over “the Sepah” or “macho grande”.

    urbanleftbehind (3a889f)

  140. Manafort was released to home confinement 8 days ago, GG.

    DRJ (15874d)

  141. 131. Ragspierre (d9bec9) — 5/20/2020 @ 4:36 pm

    Is Narcisco just good for drive-by crap, or does he/she/it ever answer a question?

    answers questions, or at least used to 9here less often now since the period of moderation) but you may still need to do some Google research, or ask again, to understand what it means.

    Sammy Finkelman (07f19d)

  142. You can still take advantage of our limited-time promotion which we extended due to Covid-19.

    Legal Disclaimer: Conditions and limitations apply and we make them up as we go along.

    narciso has been around a long time, although a lot less lately. He has his own idea about things, the QWERTY keyboard among them, but who here doesn’t? We like him.

    nk (1d9030)

  143. At least one of the two of us doesn’t know what he’s talking about. Maybe both…

    Sometimes communication isn’t the goal, I guess.

    Ragspierre (d9bec9)

  144. But let’s talk about masking. It’s been bruited that Flynn was never masked in the FBI tapes with Kislyak, and my question is “Well, why should he have been?”

    We’re not talking about an ordinary U.S. citizen talking to his in-laws overseas. We’re talking about the top honcho of U.S. military intelligence (God help America) talking to the Russian ambassador. It would have been reasonable to have had all his phones tapped, not only Kislyak’s, and him under 24-hour surveillance. The “masking/unmasking” is more Trumpalese irrelevancy.

    nk (1d9030)

  145. @128 you mean what might make them attractive at all? Not much. All the politicians lie and lie. I hated, H.A.T.E.D. Obama’s Russia policy and I didn’t much like his using his pen to quiet down immigration lobbyists instead of letting pressure build on congress to fix our broken immigration system one way or another. However, Obama was at least competent. Trump? Useless. The current Rs? Telling such stupid and over the top lies that even a total idiot should be able to see through them AND incompetent AND useless AND wasting or contradicting their own good ideas AND alienating their own competent people. I guess the most attractive thing about the Dems at the moment is that they aren’t the stupid mass of incompetence, dishonesty, and waste that is the current Republican party. /rant

    Nic (896fdf)

  146. @138

    But we now know that Van Grack did indeed withold Brady materials.

    We do not.

    Patterico (115b1f) — 5/20/2020 @ 5:59 pm

    Ok… at least the defense claims Brady materials were witheld. AUSA Jensen sent quite a bit that I would consider Brady.

    Unless I’m totally misunderstanding what exactly would be considered Brady materials.

    whembly (fd57f6)

  147. Its humorous some still use marcy wheeler the gladys kravitz as an authority. But please carry on in your fritz weaver sketch from twilight zone

    Narciso (7404b5)

  148. Running guns to mexican cartels, extorting people of faith, moving the cdc away from epidemic control to obesity and gun control, emptying the ppe stockpile what was he good at

    Narciso (7404b5)

  149. Letting illegals swarm the border,making health care more expensive for those who had it (but birth control for everyone) letting islamist take hold from egypy to west africa.

    Narciso (7404b5)

  150. Cuomo whitmer and murphy are really good at killing people in nursing homes and killing businesses all around, like an h bomb. But were not supposed to notice that.

    Narciso (7404b5)

  151. The obama adminstration acted more agreesively at the end, then when the russians shot an airliner in international airspace, arguably an act of war.

    Narciso (7404b5)

  152. Crowdstrike is the biggest fraud since theranos, as their own testimony proves and everything that stems fron it is ‘fruit of the poison tree’

    Narciso (7404b5)

  153. In the heart of the cold war, we didnt have this kind of blind panic when biden pannetta and co were also singing from the soviet hymnal and ted kennedy was pledging cooperation with andropov against reagan, so please spare me the hysterics

    Narciso (7404b5)

  154. Some peoples are awfully short, some dont give a darn at all, russians as a rule i dont trust them, preguntame porque (ask me why)

    Narciso (7404b5)

  155. Its humorous some still use marcy wheeler the gladys kravitz as an authority. But please carry on in your fritz weaver sketch from twilight zone

    Looks like we’re back to the Five Stages of Narciso. Stage One completed. Well done!
    Marcy Wheeler is credible and her posts are well sourced.

    Paul Montagu (b3f51b)

  156. She was muellers guest witness what great insight did she contribute?

    Narciso (7404b5)

  157. So we cant draw any inferences that the firm that represents yates and weissman also olunteered a jurist to prosecute their quarry.

    Narciso (7404b5)

  158. She was muellers guest witness what great insight did she contribute?

    She was a witness, that’s all, one out of hundreds. Perhaps we’d have a better idea if Trump allowed the release of grand jury materials to Congress instead of doing his usual obstructing.

    Paul Montagu (b3f51b)

  159. So more peoples lives can be ruined by this witchhunt, no thanks, hence the fritz weaver reference

    Narciso (7404b5)

  160. Cohen was released to “home confinement” today.

    DCSCA (797bc0)

  161. Citizens remain indoors and all manner of lawbreakers are released, get me kurt vinnegut.

    Narciso (7404b5)

  162. So more peoples lives can be ruined by this witchhunt, no thanks, hence the fritz weaver reference

    You can’t have it both ways, narciso, that is, if you want to stay on the right side of being intellectual honest. In this case, it’s your b*tching about Ms. Wheeler’s testimony but not having the first clue about what she actually testified to, and not wanting to know what she actually testified to.

    Paul Montagu (b3f51b)

  163. And still they cling to the Mueller Report… sadly amusing…

    Colonel Haiku (2601c0)

  164. And yet, even if we don’t disregard the things posted that are factually inaccurate, still better than the Trump administration.

    Nic (896fdf)

  165. When did this place become a joke?

    Gropin' Joe Biden (12e407)

  166. Hey, I just heard the the Appeals Court granted Flynn’s motion….. funny, that. So where are all the geniuses here to say they were wrong, especially that clown Patterdicko?

    SSBN 656 (G) (7c4039)

  167. “When did this place become a joke?”

    5/21/2020 at 2:24 PM

    Davethulhu (27c163)

  168. and a way we go
    Jackie Gleason

    mg (8cbc69)

  169. Hey, I just heard the the Appeals Court granted Flynn’s motion….. funny, that. So where are all the geniuses here to say they were wrong, especially that clown Patterdicko?

    You need to slap the dogspit out of whoever told you that lie. Because it’s a lie.

    Ragspierre (d9bec9)

  170. I’ll take “Blogs that didn’t age well” for $1000 Alex.

    Thirsty Camel (9e7bc1)

  171. When did this place become a joke?

    Gropin’ Joe Biden (12e407) — 5/21/2020 @ 2:24 pm

    Maybe when Rapin’ Donnie Trump became a politician.

    Colonel Klink (Ret) (305827)

  172. #175

    Yeah, is that supposed to be an endorsement of this blog? Because…eh, who cares.

    RedstateBluestateStalemate (46cb3f)

  173. Because…eh, who cares.

    RedstateBluestateStalemate (46cb3f) — 5/21/2020 @ 5:25 pm

    Apparently you care

    Dustin (d59cff)

  174. #173

    You’re a joy. Dog spit? I’m curious as to how you were reared, er, I mean raised.

    RedstateBluestateStalemate (46cb3f)

  175. #177

    About a great many things. Not you, but still, plenty of things. Come on, you don’t see the humor in all this? Sheesh, what a grouch.

    RedstateBluestateStalemate (46cb3f)

  176. [UPDATE: Due to an attack of brain flatulence, I somehow said Powell wants Flynn “sentenced” when obviously she wants the case dismissed. I think everyone understood what I meant but still, embarrassing! Sorry for the error, which I have fixed.]

    Patterico (115b1f)

  177. About a great many things. Not you, but still, plenty of things. Come on, you don’t see the humor in all this? Sheesh, what a grouch.

    RedstateBluestateStalemate (46cb3f) — 5/21/2020 @ 5:30 pm

    That’s a nice walk back from a series of comments that are all negative and sad that someone is just typing some post about a politician you don’t want criticized. You can’t really convince us we’re the grouches if you have nothing but bile in your heart man.

    Trust me, life is better when you stop pretending politicians are great people.

    Dustin (d59cff)

  178. Ok, what’s Trump done now, that we’ll hear on the news in a little bit, that mobilized his Russian troll army for preemptive action?

    nk (1d9030)

  179. nk (1d9030) — 5/20/2020 @ 8:18 pm

    I second that.

    felipe (023cc9)

  180. Trust me, life is better when you stop pretending politicians are great people.
    Dustin (d59cff) — 5/21/2020 @ 5:44 pm

    Amen, brother.

    felipe (023cc9)

  181. I’m curious as to how you were reared, er, I mean raised.

    By wolves. Then the apes stole me. Later, I became their god.

    Ragspierre (d9bec9)

  182. I’ll take “Blogs that didn’t age well” for $1000 Alex.

    What didn’t age well? This?

    Back in my predicting days, I would have said the judges of the D.C. Circuit would issue a postcard denial of this nonsense in two seconds flat. Now? Who knows?

    I’d say it ages fine, if you aren’t dishonestly pretending I made a prediction I explicitly disclaimed making.

    Patterico (115b1f)

  183. Oh, my!

    When you can’t argue the facts or the law, launch ad hominem attacks on the other lawyer – and circuit judges.

    No amicus briefs for you, Judge Sullivan – you’ve got some splainin’ to do. Publicly:

    https://threadreaderapp.com/thread/1263588369918906373.html

    Mo Hawk (df75dc)

  184. Oh, my!

    Is that an opinion by an asphole, or an asphole by an opinion…??? Hard to tell.

    Let’s wait and see, shall we?

    Ragspierre (d9bec9)

  185. Hey, I just heard the the Appeals Court granted Flynn’s motion….. funny, that. So where are all the geniuses here to say they were wrong, especially that clown Patterdicko?

    Whatever you “just heard” is wrong. Get a better source of information.

    Patterico (115b1f)

  186. No amicus briefs for you, Judge Sullivan

    ORLY

    Patterico (115b1f)

  187. DC Circuit cites Fokker Services in its order. Uh oh! (I was told right here on this site a few days ago that Fokker Services is irrelevant dicta.)

    Al S (4fa42a)

  188. I was told right here on this site a few days ago that Fokker Services is irrelevant dicta.

    And, strangely, you didn’t learn a thing.

    Huh.

    Ragspierre (d9bec9)

  189. Ok… at least the defense claims Brady materials were witheld. AUSA Jensen sent quite a bit that I would consider Brady.

    Unless I’m totally misunderstanding what exactly would be considered Brady materials.

    In what way? Did any of those things help show that Flynn didn’t lie to the FBI about his calls to Kislyak?

    Answer: no. How could they have? They were all from a time period before his interview with the FBI, so they couldn’t possibly have addressed it. (No, the Priestap notes do not help show that he didn’t lie. All they do is pose the possibly rhetorical question, “What’s our goal here in interviewing him?” But unless he wrote, “We need to prosecute Flynn for lying, so if he doesn’t, we’ll just fabricate a claim that he did,” it’s irrelevant. And he didn’t write that.)

    The January 4 memo supposedly shows that even if he lied, the lie wasn’t material to any investigation. But it doesn’t show that. It says, “We haven’t found any evidence so we can stop investigating him for Russian collusion.” But the call and the circumstances surrounding it (i.e., his lies to Pence) were new evidence. Just as the discovery of emails on Weiner’s laptop were reason to continue investigating Hillary, this call was reason to keep investigating Flynn. Moreover, they didn’t have to be investigating Flynn — just investigating something. And they certainly were still investigating Russian actions with relation to the U.S.

    David Nieporent (9c8c00)

  190. So we cant draw any inferences that the firm that represents yates and weissman also olunteered a jurist to prosecute their quarry.

    It’s amazing how many unfacts you managed to include in a single sentence,¹ but even if your claim were correct, what inference would you want to draw? That Debevoise is biased against Flynn? But so what?

    Judges are supposed to be impartial. Jurors are supposed to be impartial. Attorneys are not. (Neither, for that matter, are law enforcement officers; this whole “So-and-so hates Trump so the investigation was tainted” is nonsense. Cops generally do not look favorably on people they believe are criminals. Do you think John Gotti could have gotten a case against him dismissed by finding text messages between two FBI agents making disparaging comments about him?)



    ¹1) They represented Yates, a few years ago. I’m not sure there’s any evidence they still do.
    2) They didn’t/don’t represent Weissmann.
    3) They didn’t volunteer Gleeson.
    4) Gleeson is not prosecuting anyone.

    David Nieporent (9c8c00)

  191. Very good, David. BTW, you are the only person in my experience with Nieporent as a last name (assuming it is your last name). Where is it from?

    Ragspierre (d9bec9)

  192. There is a small town in Poland called Nieporęt, not that far from Warsaw. (Fortunately my immediate ancestors left there at the beginning of the 20th century, or they likely would not have at all.) All Nieporents (and Neporents, as one branch of the tree has it) are related, but there are not very many. The most prominent is a restaurateur in New York.

    David Nieporent (9c8c00)

  193. Thanks, David. I’d love to visit Poland and that whole area.

    Ragspierre (d9bec9)

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