The DC Circuit did not address Emmet Sullivan’s order to John Gleeson to consider whether Flynn should be held in criminal contempt. Here’s the evidence Gleeson would look at.
Author Archive for: emptywheel
Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.
Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.
Entries by emptywheel
Judicial Watch has liberated the memo passing along the Alexander Downer tip to the FBI. It shows that in context — Papadopoulos tied the possibility that Russia would anonymously release dirt to the campaign’s plan to use dirt on Hillary to win — Papadopoulos’ comments were more incriminating than previously let on.
In a bid to excuse Mike Flynn’s actions, Eli Lake calls 18 USC 951 — the crime Flynn entered a plea deal to avoid — is “outright espionage.”
The DC Circuit just ordered Judge Sullivan to respond to Mike Flynn’s petition for a write of mandamus within 10 days, before the scheduled filing from Amicus John Gleeson.
In a status hearing on Monday, prosecutors said a planned retrial of accused Vault 7 leaker Joshua Schulte would be shorter than the first one.
Ron Wyden wrote a letter to Ric Grenell asking him to explain how the IC is hiding the impact of using Section 215 to get web searches and Internet traffic.
The frothy right has taken to claiming Mike Flynn’s lies on January 24, 2017 weren’t material because the FBI already knew what Flynn had said to Sergey Kislyak. Except Flynn wasn’t lying to hide what he said to Kislyak. He was lying to hide that he had coordinated with Mar-a-Lago before speaking with Kislyak.
A FOIA showing how closely Bill Barr and his aides have micro-managed the John Durham inquiry provides evidence John Gleeson can use to argue that DOJ is prohibited from adopting the stance they took in the Flynn motion to dismiss.
Roger Stone is boasting that when prosecutors asked him to confirm that 29 or 36 calls he had with Trump during the election pertained to WikiLeaks and Russia, he refused. But Trump should worry about how prosecutors came to ask about a specific subset of the calls he did have with Stone.
In an effort to gaslight Trump supporters, then, the Trump Administration just showed that DOJ’s motion to dismiss falsely treated as normal communications between Mike Flynn and Sergey Kislyak that, because of their frequency, were not.