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The Legal Posture of the Flynn Case: Emmet Sullivan Has Up to Six Pending Decisions, Not One

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emptywheel
Many, perhaps most, people who've commented in the last week have noted that Emmet Sullivan has the prerogative whether to accept DOJ's motion or not. It's true he has that authority. But he actually has up to six different decisions pending, including fully briefed sentencing memoranda and multiple conflicting sworn statements from Flynn.
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Sidney Powell Argues that Judge Sullivan Can't Appoint an Amicus at Same Time as Applauding the Time He Did Far More

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emptywheel
Yesterday, Sidney Powell was publicly applauding Judge Sullivan's authority to appoint outsiders to review a prosecution gone haywire even as she was submitting a filing telling him he couldn't. She deleted that post -- but she can't delete the prior claims she made in Sullivan's docket.
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Emmet Sullivan Tells Potential Amici Not to Bug Him Yet

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emptywheel
It's unclear precisely why Emmet Sullivan just wrote a long order telling potential amici seeking to weigh in on the Flynn prosecution to hold off. But the order does make clear that he's not just going to dismiss this prosecution.
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The Public Record Claims that Flynn Had No Permission from Trump to Undermine US Policy in Calling Kislyak

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emptywheel
Ric Grenell is trying -- and the press is credulously complying -- to politicize an obvious unmasking of Mike Flynn's identity. The record shows the unmasking obviously complies with FISA standard, and Flynn's own actions exacerbated the need.
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Mike Flynn Collaborator Barbara Ledeen's Past Role in Producing "New" Evidence

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emptywheel
DOJ claims it has "new" information to justify the flip-flop it made from a November filing arguing the investigation into Flynn was legitimate, and not a perjury trap. In the past, that has meant that Flynn collaborator Barbara Ledeen just wanted something on Fox News.
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DC Bar No. 472845 Argued Flynn's Prosecution Was Legitimate before DC Bar No. 472845 Argued It Wasn't

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emptywheel
Last November, D.C. Bar No. 472845 submitted a filing arguing that FBI agents were engaged in a legitimate and significant investigation when they interviewed Mike Flynn on January 24, 2017. Last week, D.C. Bar No. 472845 submitted a filing that contradicts the earlier one in every way.
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Bill Barr Did Not Provide the Most Important Exhibit to His Mike Flynn Dismissal Motion: The Call Transcripts

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emptywheel
As currently submitted, the government has made claims about the call transcripts between Mike Flynn and Sergey Kislyak without providing evidence. Indeed, the record currently provides evidence that rebuts those claims. Emmet Sullivan would be totally within his authority to demand those call transcripts.
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Bill Barr Not Only Overrode Emmet Sullivan's Brady Ruling, He Explicitly Pre-Empted Sullivan's Covington Review

In moving to withdraw the Mike Flynn prosecution on Thursday, Billy Barr effectively overrode Emmet Sullivan's authority twice.
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The Fabulous Emptywheel Music Blog: Little Richard

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bmaz
Little Richard was everything. If it wasn't Chuck Berry, it was Richard Wayne Penniman. The definition of rock and roll.
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The Logan Act Is Just the Cherry on Mike Flynn's Foreign Agent Sundae

Bill Barr is misrepresenting the record to defend intervening in Mike Flynn's prosecution. But the way he's doing so makes it clear that Flynn did what he did on orders from Trump.
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Damning New Details from Mary McCord and Sally Yates

Among the things revealed in documents released yesterday is that Flynn didn't just discuss sanctions with Sergey Kislyak, he purportedly raised them. Which is one reason people who read the transcripts of his calls with Sergey Kislyak don't believe he forgot those conversations.
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Judge Sullivan Has Already Rejected Most of Timothy Shea's DOJ Flynn Pardon

In this post, I laid out how Acting DC US Attorney Timothy Shea claimed DOJ had "newly" acquired a bunch of information which led it to decide to ask Judge Emmet Sullivan to dismiss Mike Flynn's prosecution. Except none of the information…
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Trump Pride and DOJ Prejudice: The Flynn Volume

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bmaz
The irreducible minimum is that Judge Emmet Sullivan is the one with jurisdiction and control of this case. Not Trump. Not Barr. An honest and good judge, and one that has proven that over decades. Sidney Powell was right about one, and only one, thing: The Stevens case is a template for the court to find the truth.
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To Justify Dismissing Mike Flynn's Prosecution, Timothy Shea Claims Information DOJ Has Always Had Is "New"

Timothy Shea claims DOJ found new information to excuse asking Judge Sullivan to let DOJ drop the case against Mike Flynn. And then he rolls out a bunch of information that is not new, at all, to DOJ.
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As Predicted, Billy Barr Bolloxed the Mike Flynn Prosecution

Amid reports that DOJ will drop the Mike Flynn prosecution, Brandon Van Grack has withdrawn the Mike Flynn case.
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Ric Grenell Declassified George Papadopoulos' Brags about Fucking Older Women, but Not about Befriending Sergey Millian

The frothy right is ginning up a fake scandal over the orchestrated release of the House Intelligence Committee Russian investigation transcripts. Except there's already evidence that Ric Grenell is politicizing the declassification process.
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Where's the Beef? Republicans Don't Understand Critical Infrastructure and Supply Chains

As we reopen without having taken the opportunity created by the shutdown to figure out how to keep workplaces safe, what happened in the meatpacking industry will happen in other parts of the economy.
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Lindsey Graham and Ric Grenell Reveal Mike Flynn May Not Have Fully Disclosed His Foreign Contacts

Lindsey Graham thinks he's exposing FISA abuse. But in the case of Mike Flynn, he's not only showing that the FBI stopped pursuing leads on Flynn once they had chased them down, but were chasing one that was previously unknown: that he lied on his security clearance form. 
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