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Judge Emmet Sullivan has delivered his response in the Michael Flynn case to the writ of mandamus. He tapped an outside attorney to make his case for him, something that is apparently highly unusual under these circumstances, where both parties are asking for a dismissal after new evidence of FBI malfeasance came to light. If this judge can’t make his own arguments and decisions, why is he on the case?
Undercover Huber broke down much of what’s in it earlier today. I’m not a lawyer and won’t play one, but there’s a lot in here that strikes me as ridiculous.
This one paragraph alone is enough to disqualify it
Flynn did not plead to the crime of “false statements” for his “work for Turkey” and the Flynn statement of the offense didn’t state all of the elements of that offense (intent!), as even Brandon Van Grack later admitted pic.twitter.com/ldNwpmW9uI
— Undercover Huber (@JohnWHuber) June 1, 2020
A Judge isn’t supposed to “pursue the other side” when both the prosecution and defense are in agreement to dismiss a case. That’s kind of the point pic.twitter.com/O60Cd7clrU
— Undercover Huber (@JohnWHuber) June 1, 2020
This is false. Sullivan’s hearing did not reach a detailed finding of “materiality” in Flynn’s false statements to the FBI. Sullivan talked about wanting the government to brief him on the details, the hearing was postponed, it never happened @McAdooGordon pic.twitter.com/KQGGhsZrJq
— Undercover Huber (@JohnWHuber) June 1, 2020
Repeats MSNBC conspiracy theories. The DOJ can sign a motion to dismiss with whoever they want, there is no requirement it be a “line attorney” pic.twitter.com/D3KB7hG8hO
— Undercover Huber (@JohnWHuber) June 1, 2020
Nobody asked for a Judicial reassignment until now because you hadn’t been acting like a complete fruitcake, your honor pic.twitter.com/wZmZa1WrJz
— Undercover Huber (@JohnWHuber) June 1, 2020
It goes on and on like this while avoiding the core issue at hand. Rule 48 and Fokker require him to dismiss the case. He can investigate it all he likes, that’s never going to change
Strong chance of a writ of mandamus being issued for Flynn 2-1 after this hot garbage
/ENDS
— Undercover Huber (@JohnWHuber) June 1, 2020
What is even the point of all this given the new evidence and that both parties want this to end? There’s no logical, nor legal reason for Sullivan to keep this charade going, but he seems determined to do. It’s a fairly gross display for what is supposed to be an independent judiciary.
The idea that Sullivan can delay justice yet again without causing any harm is ludicrous. Lawyers aren’t free, nor is emotional toll Flynn is being put through. The repeating of MSNBC conspiracy theories and claiming to want to do something (debate the declaration of innocence in court) he’s already denied earlier are nice touches for the judge.
We’ll see where this goes. I suspect Sullivan is simply trying to save face at this point. In the end, he’ll grant the motion or he’ll get slapped down from above. Either way, Flynn is going to go free, as he should.
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