As you certainly know by now, the Department of Justice earlier this month moved to drop its case against Michael Flynn “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information.” You might have thought that Judge Emmet Sullivan would have called it a day, but instead, he enlisted the help of a retired judge to make the case that Flynn could be found in contempt of court for perjury.
That judge, John Gleeson, has said that his amicus brief will be filed before or on June 10 and will include “any additional factual development I may need before finalizing my argument in opposition” to the Justice Department’s motion to dismiss.
Flynn amicus John Gleeson will file an initial brief by June 10. This will include:
"any additional factual development I may need before finalizing my argument in opposition" to the DOJ Motion to Dismiss.
"Factual development" – he may claim he needs to interview witnesses. pic.twitter.com/ebx8dgkjzl
— Techno Fog (@Techno_Fog) May 18, 2020
Amicus brief by June 10, “additional” amici, a reply by the government and Flynn, a further reply, oral argument, and more after that? Throw in a few delaying tactics and that could be a schedule up to Aug/Sep easily
— Undercover Huber (@JohnWHuber) May 18, 2020
What a surprise.
And why would Gleeson get the chance for a hearing to make oral argument but Flynn couldn’t get a hearing on his on motion to withdraw his plea? Hundreds of docket entries this could be decided on the papers
Stall tactics waiting for a Biden DOJ
— Undercover Huber (@JohnWHuber) May 18, 2020
What else could it be?
Running out clock so he won’t get pardoned before election (or serve in administration).
— Constance Hammond (@constancehammon) May 18, 2020
I pray @SidneyPowell1 appeals Judge Sullivan’s authority/lack of authority to delay this matter any further.
— Judge Sullivan, Free Flynn! #ObamaGate ⭐️⭐️⭐️ (@Raiklin) May 18, 2020
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Judge Sullivan is in effect attempting to have the Obama DOJ to take over the case@GenFlynn is nothing more than a political prisoner at this point
He needs us now … it’s time to watch his six
⭐️⭐️⭐️https://t.co/M64iSF5zKI pic.twitter.com/urX1dENc2B
— BoumtjeBoumtje ⭐️⭐️⭐️ (@BoumtjeBoumtje) May 18, 2020
Nothing like bankrupting and financially burdening more witnesses, who will then have to hire attorneys to protect them from more traps. This is a TRAVESTY OF JUSTICE.
When will the political persecution end?
— Verdad Teller ?♦ (@Truthteller1349) May 18, 2020
This is an obscene obstruction of justice. Flynn has been waiting for his freedom for 3 1/2 years. How dare the DOJ allow this travesty!
— Julie (@Mightymouth5413) May 18, 2020
June 10???? They are really pushing the dates out on this. Desperate attempt to interfere with election
— Rampage (@Rampage77759370) May 18, 2020
June 10th. He doesn't intend to file a brief.
He's trying to force Trump to pardon Flynn.
This is a waste of all of our time.— Branch Covidian (@Richard27363694) May 18, 2020
Trump's Flynn Pardon is the Kick-Off for Impeachment 2.
It's already been planned, written and schemed for.
— John Tole (@JohnTole) May 18, 2020
Flynn is vindicated.
These people need to stop.
— Andrew Kelly Borel (@ndrewkellyborel) May 18, 2020
Or maybe Grenell can drop that ”missing” 302 and just end this fiasco.
— ColumnatedRuinsDomino (@ColumnatedD) May 18, 2020
Mr Gleeson has not seen Mr. Flynns 302 correct? Why would anyone be willing to file a legal brief without seeing the piece of evidence at the heart of this case? If they are going to convict Flynn they need to produce that summary correct?
— Robert Pfeiffer (@truththrulove) May 18, 2020
All of this violates recent Supreme Court decision in US v Sineneng-Smith. Judge has zero authority to ask for or allow Amici in a Criminal Case. Cannot have outside person appointed to argue against the Government’s position. Flynn’s team should file a Writ of Mandamus to stop.
— ProfessorChaos (@ProfChaos827) May 18, 2020
Exactly. I hope it gets filed this week.
— MitchellAlex (@MitchellAlex71) May 18, 2020
Gleeson may see his role as that of an ombudsman- which would transform Judge Sullivan’s role into more of an inquisitorial style of court, such as found in some European countries. Judges or magistrates there may conduct pre-trial investigations and recommend prosecutions.
— Kingmaker – Big IF! (True) (@KingMakerFT) May 18, 2020
I’m surprised neither Flynn’s lawyers nor the DOJ have asked the Court of Appeals to put a halt to this.
— Kingmaker – Big IF! (True) (@KingMakerFT) May 18, 2020
Judge Sullivan can’t make his own decisions so he needs someone else to do it for him ? since when are bench judges above the DOJ and AG of the United States?? Sullivan needs to take his robe off. General Flynn is a political prisoner and it needs to end.
— Women4Trump⭐️⭐️⭐️ (@ShurrieP) May 18, 2020
Hey cool. Leave it up to the disgusting Dems to create a “prosecution-judge”.
I’d say what a novel idea except Russia, North Korea and China have been using this model for decades now.
Way to go Dems. You can bastardize just about everything you touch.
— Launce – Florida (@larrybr89127001) May 18, 2020
It’s clear to see that they are trying to drag this out as close to November as possible. They are trying to twist Trump’s hand and get him to pardon Flynn before the election.
— Doug Jones (@DOUG__JONES) May 18, 2020
This is another attempt to destroy a man for 2 reasons:
His relationship with the current president.
Flynn's knowledge is seen as a threat to the prior president.
Further court action is a travesty and political intrigue.
Sad for America!— Charles Lowry (@VisualTracker) May 18, 2020
I wonder how defense attorneys throughout the country feel about having their motions to withdraw a plea now being deemed to be subject to "criminal contempt for perjury?"
That kind of precedent will make plea agreements rather dangerous for defendants going forward.
— Arturius Pendragon (@Artoria11820642) May 18, 2020
Delaying justice for the sake of delaying justice? How is this travesty being allowed? Judge Sullivan is turning this into a circus, and in doing so is only furthering the pain and suffering brought upon @GenFlynn and his family.
— Chet Hammack Jr (@ChetHammackJr) May 18, 2020
unreal. this is a completely lawless proceeding at this point. the judge is out of control. I've never seen this sort of invasion into prosecutorial discretion.
— robert falin (@robertfalin) May 18, 2020
Related:
Catherine Herridge: More than a dozen state attorneys general file amicus brief in support of Justice Department’s move to drop Michael Flynn case https://t.co/o755epLjwT
— Twitchy Team (@TwitchyTeam) May 18, 2020
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