Congress Criminal Referral Clinton, Comey, McCabe, Lynch, Strzok, and Page to DOJ

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Flynn judge to allow 'amicus' submissions, delaying any immediate resolution to case

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- essentially allowing the court to use an "ask the audience" lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan's minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that "individuals and organizations" will file briefs "for the benefit of the court."

The move attracted immediate criticism. The Federalist's Sean Davis, for example, cautioned that Sullivan was inviting "left-wing lawyers write his final order against Flynn for him."

"In a highly political move, Judge Sullivan is soliciting amicus briefs, knowing that the ones he will approve (note his order gives full discretion on what briefs to approve to himself) will all be critical of [Attorney General Bill] Barr," added independent journalist Michael Cernovich. "Judge Sullivan is acting as a politician, not a judge."

Flynn's attorney, Sidney Powell, echoed those arguments. "The proposed amicus brief has no place in this Court," Powell wrote. "No further delay should be tolerated or any further expense caused to him and his defense."

In his brief order Tuesday, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously admonished the parties in the case of Trump associate Roger Stone that allowing amicus submissions does not mean that the criminal case will become a "free for all."

Flynn's case, however, has sometimes seemed like just that. In a fireworks-filled sentencing hearing in December 2018, for example, Sullivan himself appeared open to the idea that Flynn could be charged with a death penalty-eligible offense.

"I'm not hiding my disgust, my disdain for this criminal offense," Sullivan said during that hearing. He added that Flynn's allegedly unregistered work with Turkey "arguably" had undermined "everything this flag over here stands for.” (Flynn was never charged with violating the Foreign Agents Registration Act, which had gone largely unenforced until recently.)


In a bizarre moment, Sullivan then asked the government's attorneys whether they had considered charging Flynn with treason. The prosecutors said they had not, and Sullivan later walked back his comments after a brief recess.

Then, last December, Sullivan accused Flynn's legal team of plagiarism in a filing, saying they had "lifted verbatim portions from a source without attribution." Powell shot back that the claim "made no sense," and that she relied on one of her own cases as well as a brief primarily written by a friend whom she cited.

It would not be unprecedented for the government to successfully move to dismiss a case after securing a conviction. In fact, Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory "Brady" material.

Flynn judge to allow 'amicus' submissions, delaying any immediate resolution to case
 
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Franklin Pierce said:
Flynn judge to allow 'amicus' submissions, delaying any immediate resolution to case

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- essentially allowing the court to use an "ask the audience" lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan's minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that "individuals and organizations" will file briefs "for the benefit of the court."

The move attracted immediate criticism. The Federalist's Sean Davis, for example, cautioned that Sullivan was inviting "left-wing lawyers write his final order against Flynn for him."

"In a highly political move, Judge Sullivan is soliciting amicus briefs, knowing that the ones he will approve (note his order gives full discretion on what briefs to approve to himself) will all be critical of [Attorney General Bill] Barr," added independent journalist Michael Cernovich. "Judge Sullivan is acting as a politician, not a judge."

Flynn's attorney, Sidney Powell, echoed those arguments. "The proposed amicus brief has no place in this Court," Powell wrote. "No further delay should be tolerated or any further expense caused to him and his defense."

In his brief order Tuesday, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously admonished the parties in the case of Trump associate Roger Stone that allowing amicus submissions does not mean that the criminal case will become a "free for all."

Flynn's case, however, has sometimes seemed like just that. In a fireworks-filled sentencing hearing in December 2018, for example, Sullivan himself appeared open to the idea that Flynn could be charged with a death penalty-eligible offense.

"I'm not hiding my disgust, my disdain for this criminal offense," Sullivan said during that hearing. He added that Flynn's allegedly unregistered work with Turkey "arguably" had undermined "everything this flag over here stands for.” (Flynn was never charged with violating the Foreign Agents Registration Act, which had gone largely unenforced until recently.)


In a bizarre moment, Sullivan then asked the government's attorneys whether they had considered charging Flynn with treason. The prosecutors said they had not, and Sullivan later walked back his comments after a brief recess.

Then, last December, Sullivan accused Flynn's legal team of plagiarism in a filing, saying they had "lifted verbatim portions from a source without attribution." Powell shot back that the claim "made no sense," and that she relied on one of her own cases as well as a brief primarily written by a friend whom she cited.

It would not be unprecedented for the government to successfully move to dismiss a case after securing a conviction. In fact, Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory "Brady" material.

Flynn judge to allow 'amicus' submissions, delaying any immediate resolution to case
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Just trying to drag out the inevitable. Let them play their games. It's not going to end well for the crooked DIMs.
 
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Orange_Vol1321 said:
My guess is he's trying to push for a pardon so they can say "see, he was guilty."

But....


Opinion | All the Adam Schiff Transcripts

View attachment 279085
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They know he will be pardoned anyways, and like you said "Guilty" and bash Trump for doing so. Of course like said earlier Obama pardoned Gen Cartwright for the same thing. I actually typed in Cartwright for a search and there was one mention of it on this board many years ago. You did not see any Obama bashing on here at all for that.
 
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DC_Vol said:
Heres what I think Trump should do ASAP: he needs to make the government feel the same pain as the people.

We need to start deciding which agencies lay people off, which agencies furlough staff, and what the pay cut the entire federal workforce gets until the crisis passes.

And make sure budgets get cut to align with the drop in tax revenue and the extra spend in relief dollars. This will hammer the shadow government that is the contractors who get paid to do what the government people should be doing.

Until Trump takes an action like this, I’m gong to have a hard time lining up for four more years of this type of ****.
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That would be fair... I assume you mean all the way down from WH staff and Congress all the way to the janitor for the Interior Dept?
 
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