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Drudge Retort: The Other Side of the News
Wednesday, May 13, 2020

Federal Judge Emmet G. Sullivan on Tuesday stopped " at least temporarily " the federal government's attempt to drop its case against former National Security Advisor Michael Flynn. Sullivan made the move shortly after Flynn asked that the case against him be dismissed "immediately."

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Update:
The judge, in a minute order posted to the Flynn case's electronic docket, said he anticipated amicus briefs would be filed in the matter and wanted to give any interested parties time to participate. The so-called "friend of the court" briefs allow others who are not a party to a case to submit arguments "only for the benefit of the court," Sullivan noted.

lawandcrime.com

#1 | Posted by oldwhiskeysour at 2020-05-12 11:08 PM | Reply

His order doesn't mean what you think it means, the motion was never supposed to be ex parte, but it is my understanding that it is almost unprecedented to allow amicus briefs in a criminal matter.

#2 | Posted by leftcoastlawyer at 2020-05-12 11:53 PM | Reply

"almost unprecedented"

LOL

#3 | Posted by snoofy at 2020-05-12 11:57 PM | Reply

Please educate us if that is not the case.

#4 | Posted by leftcoastlawyer at 2020-05-13 12:10 AM | Reply

Educate us what "almost unprecedented" means.

#5 | Posted by snoofy at 2020-05-13 12:12 AM | Reply

Almost never happens at the trial court level in criminal cases.

Your move.

#6 | Posted by leftcoastlawyer at 2020-05-13 12:13 AM | Reply

"Almost never happens at the trial court level in criminal cases."

So, more common than a Federal prosecutor dropping the case when they've got a guilty plea?

#7 | Posted by snoofy at 2020-05-13 12:15 AM | Reply

My objection to "almost unprecedented" is the same as my objection to "a little bit pregnant."

In legal terms, something has precedent, or it doesn't.

#8 | Posted by snoofy at 2020-05-13 12:16 AM | Reply | Newsworthy 1

#7

On the Federal level, I admittedly have no idea, but I know on the State level that it has happened many times.

I also know, based on the fact that my wife was in the SF DA's office, that the constitutionality of 3P briefs in a criminal case at the trial court level is questionable at best.

#9 | Posted by leftcoastlawyer at 2020-05-13 12:19 AM | Reply

#8

Legal Precedent is not ironclad, but that isn't what I was referring to.

#10 | Posted by leftcoastlawyer at 2020-05-13 12:20 AM | Reply

I wonder if the judge is just going to drag this out until January.

Flynn is still guilty until the judge rules on the motion.

#11 | Posted by bored at 2020-05-13 12:23 AM | Reply

" that the constitutionality of 3P briefs in a criminal case at the trial court level is questionable at best."

Sullivan has a good strategy then. This trial has to be declared a mistrial, then Biden's DOJ gets to send Flynn to prison for the rest of his life.

#12 | Posted by snoofy at 2020-05-13 12:23 AM | Reply

#12

That's not where they are, this is still at a pre-trial stage, so no "mistrial" can be declared.

#13 | Posted by leftcoastlawyer at 2020-05-13 12:28 AM | Reply

There's a guilty plea before the trial even starts, and the Prosecution wants to bail?

Is that even legal?

#14 | Posted by snoofy at 2020-05-13 12:30 AM | Reply

#14

Yes, it is legal.

Question for you: Are you so lonely that you need to troll anyone so you get attention?

#15 | Posted by leftcoastlawyer at 2020-05-13 12:31 AM | Reply | Funny: 3 | Newsworthy 1

Sure.

Why do you ask?

#16 | Posted by snoofy at 2020-05-13 02:45 AM | Reply | Funny: 3

It certainly seems like it's even more unprecedented than allowing amicus briefs.

In fact, it seems like allowing amicus briefs is a perfectly reasonable thing to do, considering how unprecedented the actions of the prosecutor are. It's good to get all this on the record. This sure seems like uncharted legal seas to me, when a guy who admits to lying about contacts with a foreign power isn't being prosecuted by the President who was impeached for currying favor with that foreign power to interfere in the upcoming election by accusing the presumptive Democratic nominee of interfering in the last election.

#17 | Posted by snoofy at 2020-05-13 02:53 AM | Reply

There's a guilty plea before the trial even starts, and the Prosecution wants to bail?

Is that even legal?

#14 | Posted by snoofy at 2020-05-13 12:30 AM | Reply

Sure. Corrupt AF.

Atty General Coverup's rationale reads like a conspiracy theory wish list written by Louie Gohmert and Sean Hannity and lacks any basis in reality. The judge saw right through it.

Flynn was fired by Fat Nixon for lying to the FBI, White Bread VP and him. He is on the record saying just that. Flynn lied. No one forced him to do so. Fat Nixon was trying to save his ass when he did it. Now that AG Coverup swept all his illegal activities under the rug, he wants to re-write history.

There are Trumpterds out there that will buy into his baloney 150%. Lots of them here too.

#18 | Posted by Nixon at 2020-05-13 08:12 AM | Reply | Newsworthy 2

when a guy who admits to lying about contacts with a foreign power isn't being prosecuted by the President who was impeached for currying favor with that foreign power to interfere in the upcoming election by accusing the presumptive Democratic nominee of interfering in the last election.

#17 | Posted by snoofy at 2020-05-13 02:53 AM | Reply

Really makes Trump and Barr look bad when you put it that way.

#19 | Posted by Zed at 2020-05-13 08:14 AM | Reply

Remember when Republicans loved themselves a good old fashioned perjury trap?

Bill Clinton remembers.

#20 | Posted by Hagbard_Celine at 2020-05-13 08:36 AM | Reply | Newsworthy 2

[...] One of Trumpy's lying toadies almost got set free by Trumpy's personal lawyer.

Almost.

But this judge stands between Flynn and his freedom to lie.

Tough ----- said the kitty but the milk tastes good!

#21 | Posted by donnerboy at 2020-05-13 09:42 AM | Reply

the constitutionality of 3P briefs in a criminal case at the trial court level is questionable at best

On what basis? Not saying you're wrong; but i'd like to see the argument.

#22 | Posted by JOE at 2020-05-13 09:57 AM | Reply

In legal terms, something has precedent, or it doesn't.

#8 | POSTED BY SNOOFY AT 2020-05-13 12:16 AM | REPLY

It's a procedure that is allowed, but is rarely exercised.

Feel better?

#23 | Posted by anton at 2020-05-13 10:01 AM | Reply

I remember a case much more repulsive. Remember Billy Ayers? His case was dismissed because of prosecution and investigative misconduct, and he was a domestic terrorist responsible for dozens of bombings. If the judge wants to put Flinn in jail, he will have to do it himself. Judges are the final authority within his court, but not much beyond that. Appeals can be expedited to a superior court quickly. Doing this without the support of the Justice Department or the FBI will be a mute argument. Everyone involved in this wants it to go away. The more that is exposed about the "investigation" the worse it looks. Even Federal Judge Emmet G. Sullivan has a problem, seems the foreperson of the jury was an active political official in the Democrat Party. Which casts doubt on her qualification of being impartial.

#24 | Posted by docnjo at 2020-05-13 10:10 AM | Reply

"Doing this without the support of the Justice Department or the FBI will be a mute argument. Everyone involved in this wants it to go away. "

Everyone = Flynn and his fellow deplorables.

All the judge has to do is delay and obfuscate just like a Trumpy do until November and then justice will be served all around.

#25 | Posted by donnerboy at 2020-05-13 10:17 AM | Reply

The more that is exposed about the "investigation" the worse it looks.

#24 | Posted by docnjo at 2020-05-13

Then it's best for the country if we know every detail, right?

Take your time, Judge Sullivan.

#26 | Posted by Zed at 2020-05-13 10:20 AM | Reply

If Trump and Barr can turn the tables for Flynn, then Trump has already told us who his targets are.

What will be the effects if Barack Obama is investigated/indicted, especially six months before a presidential election?

How about Joe Biden?

#27 | Posted by Zed at 2020-05-13 10:23 AM | Reply

#25 | Posted by donnerboy Six months is an eternity in politics. Your assumption that Biden has a prayer is almost laughable. He can not hide in his basement until the election. Eventually he will have to come out and face Trump in a debate, in which Custer at the Little Bighorn had a better chance. Ol'footinmouth will not disappoint. Hell, he can't even hold his own town hall speeches without screwing up.

#28 | Posted by docnjo at 2020-05-13 10:25 AM | Reply

Re #27

I don't think it will help. Trumpy somehow needs to compensate for hundreds of thousands of dead Americans. If he can't blame that on Chyna, Obama or the Dems somehow then trumpism is surely doomed.

#29 | Posted by donnerboy at 2020-05-13 10:26 AM | Reply

Your assumption that Biden has a prayer is almost laughable.

#28 | Posted by docnjo at 2020-05-13 10:25 AM

Damn, I know where lines like this come from.

The more doo-doo Trump is in, the less likely Biden can win. Yes?

#30 | Posted by Zed at 2020-05-13 10:28 AM | Reply

Eventually he will have to come out and face Trump in a debate

#28 | Posted by docnjo at 2020-05-13 10:25 AM

Trump will only debate Biden if Trump sees that there's a serious chance that he, Trump, will lose.

So, yes. TRUMP will have to come out and face Biden in debate.

#31 | Posted by Zed at 2020-05-13 10:30 AM | Reply

Trumpy somehow needs to compensate for hundreds of thousands of dead Americans.

#29 | Posted by donnerboy at 2020

I really think that Trump will ignore the dead, brass it out, and claim he's done a brilliant job regardless.

#32 | Posted by Zed at 2020-05-13 10:31 AM | Reply

"Six months is an eternity in politics"

I know. How many Americans will be dead from Covid-19 by November?

I cannot even say the number. And neither one of us know what waits for us up ahead. But I bet it's not going to be good news for many of us.

"Your assumption that Biden has a prayer is almost laughable. He can not hide in his basement until the election."

Trumpy is running scared right now. As I bet you and all deplorables should be. What if he loses? What will happen to deplorables? Trumpy is so scared he has to risk his life to win this election. Because his freedom is on the line.

Biden hasnt let his house and is Already far ahead of Trumpy in the polls?

Actually the longer Biden stays low right now the better. Biden don't gaff and Trumpy gonna hang himself. Or catch the virus. Now wouldn't that be a sight?

Our Stable Jenius of a President on a ventilator.

#33 | Posted by donnerboy at 2020-05-13 10:34 AM | Reply

I really think that Trump will ignore the dead, brass it out, and claim he's done a brilliant job regardless.

#32 | POSTED BY ZED

Trumpy can and probably will try to ignore them. But 200,00 or more dead souls will leave behind 4 to 5 times that many souls would be very upset. And they will not forget by November. October/November is not going to be better than now if we do not test trace and or find a cure for this virus by then.

#34 | Posted by donnerboy at 2020-05-13 10:38 AM | Reply

200,00 = 200,000

#35 | Posted by donnerboy at 2020-05-13 10:43 AM | Reply

Get outside the MSM bubble. There are many things going on that are ignored by CNN, MSNBC and the anti-Trump press.

#36 | Posted by docnjo at 2020-05-13 10:55 AM | Reply | Newsworthy 1

There are many things going on that are ignored

#36 | Posted by docnjo at 2020-05-13 10:55 AM

Thanks for listing them.

#37 | Posted by Zed at 2020-05-13 12:57 PM | Reply

Get outside the MSM bubble. There are many things going on that are ignored by CNN, MSNBC and the anti-Trump press.

#36 | POSTED BY DOCNJO

Trump's own campaign staff are saying he is losing.

What bubble are you?

#38 | Posted by Sycophant at 2020-05-13 03:41 PM | Reply

#24 Lots of gorilla dust. Flynn admitted to lying to the FBI. In court. Twice. He said he was not entrapped. Now he faces a criminal contempt charge. The judge can order Flynn to jail and the DOJ can't stop that.

Obama told Trump not to hire Flynn because Flynn was dirty. Trump likes dirty.

Flynn was fired by Trump for getting caught lying about his contacts with Russians to VP Pence. Trump has Barr corrupting the DOJ to send a message that obstruction of justice against Trump will be protected.

#39 | Posted by bored at 2020-05-13 09:47 PM | Reply

Get outside the MSM bubble. There are many things going on that are ignored by CNN, MSNBC and the anti-Trump press.

#36 | POSTED BY DOCNJO AT 2020-05-13 10:55 AM | REPLY

He means "things" like "Obamagate" and the crazy Durham investigation. I see those insane conspiracy theory ads on YouTube for some Reichwing "alternative news" website. I've also noticed the Cult45 morons foaming at the mouth on FB over a faked video of President Obama in handcuffs over "Obamagate." The Reichwing and Combover Quisling seem to think that a legitimate counterintelligence investigation over Russian interference in the 2016 election is a jail-worthy offense. That interference was unanimously CONFIRMED by the Senate Intelligence Committee, you know the one run by Republicans! They found that Russia indeed interfered in the election IN ORDER TO AID DOTARD AND HURT HRC. That was from Republicans! The FBI was doing their jobs investigating whether the Drumpf campaign was cooperating with Russia.

Sadly, Mueller found lots of collusion, but couldn't get to the legal threshold of conspiracy because of the ten counts of obstruction of justice he documented in part two of his report. There was other obstruction, like Kremlin Ken and the other criminals using encrypted apps and deleting messages. Man, how are you going to feel when the Trump Crimes Commission recommends indictments for the campaign finance violations that sent Michael Cohen to prison and for those 10+ counts of Obstruction of Justice? I mean there MUST be something there, Dotard's lawyers and the Barr DOJ are fighting tooth and nail to stop Congress and by extension the American People from seeing the unredacted Mueller Report and the Grand Jury information. I mean if it was a "hoax" and provided "total exoneration" you'd think Diaper Donnie would be only too quick to make it public. After all, he shares classified info on Twitter and with the Russians so why not share documents that allegedly clear him of the crime of the century the theft of an election, and by extension all those unqualified judges and now the unnecessary deaths of tens of thousands of Americans? Plus of course there's his taxes, money laundering, etc. If he loses in 2020, he'd better hope that Joe Biden is a better man than Hair Furor is and advises his AG not to pursue Dotard, because there is no doubt this is the dirtiest administration/regime in the history of this country, and the fish rots at the head!

#40 | Posted by _Gunslinger_ at 2020-05-13 09:50 PM | Reply | Funny: 1 | Newsworthy 2

#28 People are saying that Biden is going to try injecting bleach to cure his foot in mouth. Or maybe it was light bulb suppositories.
Or maybe do what Trump does and snort Adderall before the debate.

Trumps words are the best words.

#41 | Posted by bored at 2020-05-13 09:52 PM | Reply

"I mean if it was a "hoax" and provided "total exoneration" you'd think Diaper Donnie would be only too quick to make it public."

Just like he'd be quick to turn over his DNA in the Jean Carroll rape case against him. Instead he says handing it over would be "burdensome":

Trump Calls Rape Accuser's DNA Request Burdensome'

www.bloomberg.com

Bill Clinton had to do it.

#42 | Posted by Gal_Tuesday at 2020-05-13 10:00 PM | Reply | Newsworthy 2

when a guy who admits to lying about contacts with a foreign power isn't being prosecuted by the President who was impeached for currying favor with that foreign power to interfere in the upcoming election by accusing the presumptive Democratic nominee of interfering in the last election.

Now that's rich, I wonder now if Trump can't go after congress for the impeachment since the truth has come to light.

#43 | Posted by Crassus at 2020-05-13 10:12 PM | Reply | Funny: 1

judge wants to put Flinn in jail, he will have to do it himself. Judges are the final authority within his court,

No, the best he can do is call mistrial and re-trial the case.

#44 | Posted by Crassus at 2020-05-13 10:16 PM | Reply | Funny: 1 | Newsworthy 1

and really were this is wrong is this judge is a sentencing judge, he should know everything about this case in entirely, so to do this makes him very partisan and will probably land him in trouble in the bar.

#45 | Posted by Crassus at 2020-05-13 10:18 PM | Reply | Funny: 1 | Newsworthy 1

Trump's own campaign staff are saying he is losing.

What bubble are you?

#38 | Posted by Sycophant at 2020-05-13 03:41

Poll finds Trump ahead of Biden in 15 battleground states

thehill.com

#46 | Posted by rhet at 2020-05-13 10:20 PM | Reply

If Trump and Barr can turn the tables for Flynn, then Trump has already told us who his targets are.

What will be the effects if Barack Obama is investigated/indicted, especially six months before a presidential election?

How about Joe Biden?

#27 | Posted by Zed at 2020-05-13 10:23 AM | Reply | Flag

Wow, that is the smartest thing I have read you say ever, and this is the real issue, Obama and biden are and will be on the hook for this. What is amazing, you prove it here, is you all see this house coming down. History is showing its ugly face because of the crime.

#47 | Posted by Crassus at 2020-05-13 10:24 PM | Reply

Get outside the MSM bubble. There are many things going on that are ignored by CNN, MSNBC and the anti-Trump press.

#36 | POSTED BY comrade, anti-American, and habitual liar DOCNJO

That's rich coming from someone that's too stupid to realize he's trapped in the alt-right (R)tard bubble of Fox News, OANN, Breitbart, the daily stormer, the daily caller, NewsMax, 4, 8, 16 Chan's etc etc.

You are a mindless sheep that just parrots talking points from the above anti-American propaganda sources.

PS. Give my best to your fictional African American family.

#48 | Posted by aborted_monson at 2020-05-13 11:58 PM | Reply

"No, the best he can do is call mistrial and re-trial the case."

You don't know what you are even talking about. He can just put him in jail, he confessed and plead guilty twice. It is exactly what the judge should do. Trump will then pardon him but the conviction will still be on his record.

#49 | Posted by danni at 2020-05-14 08:36 AM | Reply

JeffJ and Rightocenter are "oddly" absent from this thread after vigorously defending the DOJ before.

#50 | Posted by Sycophant at 2020-05-14 11:40 AM | Reply

Wow, that is the smartest thing I have read you say ever, and this is the real issue, Obama and biden are and will be on the hook for this. What is amazing, you prove it here, is you all see this house coming down. History is showing its ugly face because of the crime.

#47 | POSTED BY CRASSUS

That's funny. You have a Federal Judge appointed two Republican administrations saying nothing was done wrong and taking the incredible step of stopping the DOJ from dropping charges....and you want to pretend Obama and Biden did something wrong?

#51 | Posted by Sycophant at 2020-05-14 11:42 AM | Reply

Note the Judge Sullivan has the option to subpoena Attorney General Barr as he's a witness to the effort and activities which took place behind the scene as this DOJ request was being prepared.

OCU

#52 | Posted by OCUser at 2020-05-14 12:52 PM | Reply

Now that's rich, I wonder now if Trump can't go after congress for the impeachment since the truth has come to light.

#43 | POSTED BY CRASSUS

The truth? What truth? We all saw what happened. We have the tapes.

How is the weather there on parallel Earth? It's raining here in the Home Planet.

On the Home Planet Trumpy was impeached by Congress. And the republicans decided to let him off the hook even after seeing all the evidence they could get even though there was also much more they refused to even look at it.

Trumpy can "go after" them all he wants.

He cannot Undo the fact that he was impeached. It's on his permanent record here. It's the Gift that keeps on giving. Forever. Maybe on Parallel Earth maybe you can ignore it and even change history there.

But here on the Home Planet when Trumpy loses in November he won't be able to undo his record or the elections.

Enjoy your Ignorance on parallel Earth while you can.

#53 | Posted by donnerboy at 2020-05-14 01:35 PM | Reply

No, the best he can do is call mistrial and re-trial the case.

#44 | Posted by Crassus at 2020-05-13 10:16 PM | Reply | Flag: Aggressively Stupid!

and really were this is wrong is this judge is a sentencing judge, he should know everything about this case in entirely, so to do this makes him very partisan and will probably land him in trouble in the bar.

#45 | Posted by Crassus at 2020-05-13 10:18 PM | Reply | Flag: Even more Aggressively Stupid!

Hey DUNCE, stop spreading lies! There WAS NO TRIAL! Flynn plead guilty TWICE in open court BEFORE THERE WAS A TRIAL, SO THERE IS NO MISTRIAL TO BE HAD! Flynn plead guilty so that he and his learning disabled kid didn't get charged with the attempted kidnap and rendition of a US resident to face torture and certain death in Turkey FOR MONEY! That would have been a much more serious charge than perjury. He likely would have died in prison. We have been at the sentencing phase in the Flynn case for over two years. Judge Sullivan has been the judge on this case for the entire time, and he knows the details inside and out. That's why he accused Flynn of what amounted to treason at a status hearing a few months ago! Oh, and Judge Sullivan is a Republican, appointed by Bush, you recall when justice was blind and Presidents appointed judges deemed "well-qualified" rather than unqualified foaming at the mouth partisans, and the president who appointed a judge was rarely an issue? Now with the most partisan POTUS in US history, justice has become everybody vs. Dotard and his cabal.

#54 | Posted by _Gunslinger_ at 2020-05-14 01:58 PM | Reply | Newsworthy 2

#54 | POSTED BY _GUNSLINGER_

This is far more convincing.

CRASSUS is not convincing at all.

#55 | Posted by rstybeach11 at 2020-05-14 02:32 PM | Reply

CRASSUS is not convincing at all.

Well, he's an idiot.

#56 | Posted by ClownShack at 2020-05-14 02:37 PM | Reply | Funny: 1

Poor Michael Flynn

Made his own bed and now he has to sleep in it.

You would think a General would know better than to lie in court.

But, he was an Army General so that does explain a lot.

The financial toll of Flynn's legal issues has reportedly been devastating.

Good.

Like my son likes to say.

It sucks to suck.

#57 | Posted by donnerboy at 2020-05-14 03:05 PM | Reply

Now that's rich, I wonder now if Trump can't go after congress for the impeachment since the truth has come to light.
#43 | POSTED BY CRASSUS

You do remember Republican Senators said he did it but it wasn't removal worthy, right?

Yep. The Truth came to light.

#58 | Posted by Sycophant at 2020-05-14 03:33 PM | Reply | Newsworthy 1

You do remember that it has come out it really didn't happened or have you been asleep for the last couple of weeks.

#59 | Posted by Crassus at 2020-05-14 04:08 PM | Reply | Funny: 1

Subpoena Van Grack.

#60 | Posted by Petrous at 2020-05-14 06:02 PM | Reply

Release the Flynn tapes. Let the people decide if Flynn did nothing wrong.

#61 | Posted by bored at 2020-05-14 08:49 PM | Reply

Amicus brief: Your Honor, the dude's a crook, but a really nice guy.

#62 | Posted by madscientist at 2020-05-15 12:01 AM | Reply

#61 | Posted by bored-- Good ideal, let's release all the Schiff tapes at the same time.

#63 | Posted by docnjo at 2020-05-15 06:48 PM | Reply

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