Judge Sullivan Cancels Flynn Sentencing Hearing Pending Supplemental DOJ Litigation…

Judge Emmet Sullivan has postponed the February 27th sentencing hearing until the prosecution and Flynn’s current defense can litigate attorney-client privilege issues surrounding the DOJ effort to evaluate Flynn’s original defense presentations.

Last week the DOJ (sans Brandon Van Grack) filed a motion for an order to waive Flynn’s attorney-client privilege surrounding Flynn’s withdrawal plea and inefective/conflicted counsel claims.  In essence the prosecution wants to see the background of Flynn’s original defense communications to evaluate if Flynn was compromised by his original lawyers.

The prosecution request was made in response to arguments inside Flynn’s motion to withdraw the plea.   Because the issues of attorney-client privilege are sensitive, the DOJ asked the court to issue and order allowing the prosecution to penetrate the privilege.

As a consequence the DOJ asked for a postponement of the Flynn sentencing hearing until they have time to evaluate the expressed argument of Flynn’s current defense.  Today, Judge Emmet Sullivan has agreed to that postponement, and set a schedule for the prosecution and defense to come to an agreement on the privilege material.

In the original motion filed last Sunday; and as a result of the arguments within the current Flynn defense arguments surrounding malicious prosecution; prosecutor Brandon Van Grack has apparently been sequestered from the current issues.  It is possible Van Grack maybe a witness to any government counter-claim that malicious prosecution exists.

Politico – Prosecutors have rejected the claims of misconduct, but ina court filing on Sunday said they need more information from Flynn’s ex-lawyers in order to assess his assertion that he got inadequate assistance from them.

Sullivan set deadlines for more filings through early March, making it unlikely the retired Army general and former Defense Intelligence Agency chief will be sentenced anytime soon. The judge has said he may hold a hearing on Flynn’s request to withdraw his plea, and that could involve live testimony from Flynn and his former lawyers.  (link)

Government Motion to Amend Schedule:


Government Motion for Order to Waive Attorney-Client Privilege:

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157 Responses to Judge Sullivan Cancels Flynn Sentencing Hearing Pending Supplemental DOJ Litigation…

  1. Interested Observer says:

    Flynn will walk. They will blame it on previous defense counsel to save face which is a win for DOJ.

    Liked by 23 people

  2. Bogeyfree says:

    Not an attorney but when did the prosecution gain the power to dictate and possibly break the defense’s fire wall of attorney client privilege?

    Liked by 26 people

    • oldumb says:

      That is an easy answer… when the commies infiltrated the management of the DOJ. That day.

      Liked by 18 people

    • hokkoda says:

      They don’t. The order is that the two parties will litigate whether or not DOJ is entitled to view those communications. If DOJ loses, they’ll argue that if Flynn really believed his lawyers screwed him, then he’d release communications from them demonstrating that they misled him in some way.

      On the flip side, maybe Flynn has highly compelling proof that his lawyers withheld information from him in order to secure the plea. The “litigation” might be as simple as DOJ saying “show us the communications” and Flynn saying “ok, here”. They would obviously limit it to his prior lawyers not privileged communications with Powell.

      If Flynn has a very strong case that he was given intentionally bad counsel – ie they withheld information from him that would have clearly affected his plea – and that they had motive to do so – it opens the door for DOJ to avoid trying Flynn altogether and agreeing to let him out of his plea agreement. That, in turn, shields DOJ from a lengthy retrial and discovery, and allows Flynn to seek financial compensation from his prior attorneys. But the DOJ never has to go to court, or make their case against him, or admit they did anything wrong.

      It’s a nice little “out” if they choose to take it. Based on their revised sentencing recommendation, they appear to want to end this quickly and avoid scrutiny.

      Liked by 18 people

    • Snellvillebob says:

      The FBI torched the Attorney-Client regulations when they raided Donald Trump’s old lawyer Michael Cohen’s office, took all his files, computers, tablets and phones.

      Liked by 16 people

      • RJ says:

        The FBI has torched more than those regulations, they have torched their own reputation for years, perhaps for generations or until some fabulous event where they really “shine” in police work all Americans would cheer and respect.

        When Comey did his dance with Hillary I knew the fix was in. Ever since the game has been to take out President Trump and anybody else who they could that was/is on his team.

        It began with the Clintons, was carried much farther with Obama and Brennan. The FBI is now a joke, but still dangerous for the average, good citizen.

        Liked by 10 people

        • WSB says:

          Just remember that Comey worked with Loretta Lynch when he was at HSBC, wrist-slapped for massive money laundering, while Lynch was at SDNY.

          Liked by 4 people

        • Tall Texan says:

          Serious question – when did the FBI have a deservedly good reputation? Not during J. Edgar’s atrocious, abusive reign.

          Since then, when have they not been violating the civil liberties of American citizens – who are presumed innocent.

          Liked by 1 person

    • Not a lawyer either but since Ms. Powell commented that they waved privilege for specific documents, I believe it is necessary in a limited scope.

      Liked by 1 person

    • appraisher says:

      @Bogeyfree. That ship sailed a while ago. Remember when the the Cohen/Trump attorney/client privilege was breeched without so much as a whimper? When punishment isn’t immediately meted out for unconstitutional and criminal behavior, it just serves to embolden the left to push it even further.

      Until both law enforcement and judicial criminals (attorneys AND judges) are prosecuted and given long prison sentences, this invasion of our rights will continue…unabated.

      Liked by 2 people

  3. wlbeattie says:

    I detect the smell of a detached fish head that’s been left un-refrigerated … for several weeks!

    Liked by 4 people

  4. donnyvee says:

    Justice delayed….

    Liked by 3 people

  5. visage13 says:

    Dear Lord, can they just drop the charges already??? And arrest the real criminals Comey et al.

    Liked by 13 people

  6. Beau Geste says:

    There should also be discovery on other aspects of General Flynn’s motions, specifically including depositions and testimony of strozk, page, mccabe and pientka on the sneaky entrapment purpose of the deceptive original interview of General Flynn and the missing fudged 302 and notes.

    Liked by 6 people

  7. Terra Rayner says:

    I hope this Judge isn’t placing any blame on Flynn for all the delays and withholding of the truth about why he plead guilty! FOIA documents of Strzok emails prove they didn’t think he was lying. This judge isn’t new to catching the government in these kinds of corrupt activities! And I hope at the end of it…he sues the pants off them!

    Liked by 5 people


      That was my thought. What’s good for the goose….
      If you want private comms between lawyer and client, lets see comms between FBLie and DOJoke lawyers and Mulehead/Weismann.
      Throw in Halper for good measure…

      Liked by 8 people

  8. MitchRyderDetroitWheels says:

    Don’t spike the ball. These crooks in the Dept of Justice believe they will not lose. If you have the Judge in your pocket then your chances look pretty solid.

    Hang in there Sidney. I believe Paul Drake could be a big help to her. He’s probably out shopping for sport coats.

    Liked by 8 people

  9. twingirls (@twingirls49) says:

    Is there any circumstance where Gen Flynn can recover his legal fees?

    Liked by 3 people

  10. Brant says:

    All the Flynn court things you ever want to include today.


    Liked by 4 people

  11. prtomr says:

    Remember when Ms. Powell said “This is not over” when the prosecution asked for prison time rather than probation for Gen. Flynn? Now Van Graack is on the sidelines and I think Weissmann is in her crosshairs.

    Liked by 8 people

  12. TonyE says:

    The judge should dismiss all the charges with prejudice and slap serious contempt of court charges against the prosecutors.

    Throw them in jail for a few months unless/until they start singing.

    Liked by 8 people

  13. JohnCasper says:

    Sullivan seems to be trying to milk this thing until everyone involved, including himself, dies of old age.

    Liked by 3 people

  14. DOJ couldn’t convict Flynn’s business partner of violating FARA, so how are they threatening Flynn with lying on his FARA submission? Even the newly appointed (acting) DC U.S Attorney is signing onto this prosecution, apparently.

    My thought is that Sidney is a smart enough lawyer not to do this without a rock solid case, because she won’t be able to defend anybody against the DC U.S. Attorney’s office for a long time once she wins this.

    Liked by 6 people

  15. Skidroe says:

    Now we need Sidney to represent Roger Stone!

    Liked by 4 people

  16. ARW says:

    “ Attorney General William Barr on Thursday named former federal prosecutor Timothy Shea as interim U.S. Attorney for the District of Columbia.
    Mr. Shea, currently one of Mr. Barr’s top Justice Department counselors, replaces Jessie K. Lieu, who leaves office Friday.

    Mr. Shea previously served as an assistant U.S. Attorney in the Eastern District of Virginia where he prosecuted drug trafficking, violent crime, and public corruptions cases. He also headed the task force responsible for investigating and prosecuting crimes at the District of Columbia correctional facilities at Lorton.
    From 1997 to 1999, Mr. Shea was chief counsel for the U.S. Senate Permanent Subcommittee on Investigations under the direction of Sen. Susan Collins, Maine Republican. In that position, he investigated public corruption, securities fraud and money laundering cases.”

    Liked by 3 people

  17. It sounds like they caught Van Grack either conspiring with or extorting Flynn’s former counsel. Or both.

    Liked by 8 people

  18. For a real eye opener, read first chapter of Sidney’s “Conviction Machine”.

    Liked by 2 people

  19. CNN_sucks says:

    This is terrible. Let Flynn go.

    Liked by 1 person

  20. zekness says:

    Okay…I can see where this is going..and its amazing to see this unfold.

    but there is this ONE THING that still bothers me. It’s the one thing that has always bothered me. The one thing he was NOT charged with that led to the perjury trap.

    Did Flynn actually commit any real provable violation of the law? (not talking about perjury here…rather the predicate reason for launching an investigation and subjecting his to scrutiny in the first place?)

    1. Did Flynn act on behalf of a foreign power. If so, why did the DOJ not charge him with this crime? If I missed it, please remind me. I don’t recall seeing the criminal indictment for that alleged criminal violation.

    2. Could Flynn act on behalf of a foreign power while also the National Security Advisor. For money or other. I know it’s a simple question and we have all assumed the answer. But the question remains….what specific law did he violate? Does his role as National Security Advisor aggravate the violation…Similar question. ?? anyone?

    3. If Flynn was caught up in a FISA surveillance, and the FISA surveillance was flawed, was illegally or in deceit, authorized from a two hop (about) rule, what effect does this have on the case if any? My understanding is that Flynn was not the specified target in the FISA authorization order. No? And if the FISA order is eventually ruled inert due to withholding material facts to the FISA Judge, then this should mean Flynn’s case..and ANYONE else captured in that surveillance should have all cases dismissed ? No? My understanding is that Judge Boasberg has demanded specific documents about TWO (02) FISA orders….That is still up in the air, and who knows how it bounces. I believe General Flynn “crime” was recorded under the first or the second (or both?) FISA orders. And Boasberg has not requested similar official scrutiny over those two that started this fiasco. Perhaps it is just a matter of time before this happens…Who knows…I don’t….I think it is far more significant to determine the very first stages of this entire predicate and understand how these extreme powers were exercised. It is only by doing that can we have ANY confidence that the Justice has an interest in reconciling the open source information that suggests outright this entire matter began with a fraudulent act that amounts to a political coup.

    final anecdote: criminal cases get tossed all the time, if the warrants for investigating them were based on fraudulent or material omitted that would be considered COMPULSORY to the court in considering to authorized it. If those “mistakes” were defective to a degree that violates the Court’s requirements., AFTER the FISA order is authorized (the place we are now in)…and these rules are well established and recognized practices with the threat of penalty, what does the DOJ do about it?
    I understand what a real court would do. Does the FISC adopt separate rules of evidence that allow for “play” in authorizing the most invasive surveillance powers known to mankind ? Does the FISC wave some magic wand and shower the room with pixie dust that makes everyone go to sleep on due process? What makes this court so special…or rather why isn’t it held to a much higher level of thresholds and accountability?

    A man’s life is hanging in the wind here. A combat decorated US MILITARY OFFICER of demonstrated character who risked his life and the lives of American troops defending the United States of America.

    Can someone please convince me that General Flynn acted to violate his oath ?

    Because if someone can’t do that…I have every single intention of getting involved in a very very very personal way with these anarchists.

    I have a list….and the only thing holding me and thousands of other back is the question…that ONE thing we all need to know…with facts to prove it.

    Liked by 1 person

    • WSB says:

      Short answer, I believe no.

      We do know his first defense attorneys screwed up Flynn’s FARA filing.

      And from that…I am suspicious.

      Liked by 2 people

      • I won't back down says:

        They didnt just screw it up, they marketed off of it as EXPERTS in the FARA compliance field. One of the pleadings talked thru how they could make bank off of their Flynn high-profile

        Oh yeah i am talking 100s of millions of dollars in client billings.

        They are the rest of all the other lobbyists and their law firms got caught flat footed when Mueller decided overnight to put teeth into FARA enforcement and start enforcing it differently than it had ever been enforced (not really at all) before.

        Liked by 1 person

        • WSB says:

          Fake defense attorneys. Frame job. Whoah!


          • jwwjr says:

            You know, now I’m looking at a very public comment by Eric Holder from a few weeks ago in a whole new light. Specifically, the Washington Post editorial in which Holder stated “Bill Barr is not fit to be Attorney General”. When it was first published, it seemed liked arrogant or reckless snark, not worth the risk of antagonizing Barr. But what if Holder’s comment was put out there to attempt to inoculate Covington and Burling in the event the Justice Department started asking questions and Covington (and partners there including Holder) were to be exposed as participants in a fake defense attorney entrapment frame job? Something like “Attorney General Barr and the DOJ are retaliating against us for rebuking him and the Trump administration”.

            Liked by 3 people

  21. Pete says:

    Judge Sullivan is a weak and incompetent judge. He has allowed a weak case against Gen Flynn to continue despite of documented misconduct perpetrated by the FBI and DOJ lawyers. When this case is over regardless of the result, Sullivan needs to be removed for incompetence

    Liked by 10 people

  22. Rich Gorman says:

    The ENTIRE priority of the whole legal / Injustice system is ( above all else ) …..
    KEEP THE BILLABLE MONENTS FLOWING … $$$ $$$$ billable moments. Another priority.
    I will be attending Ms. Powell presentation tomorrow night .
    I am the ( disgusted) holder of the one and only EVER successful BAR COMPLAINT against a Florida Prosecutor.
    The valid complaint from May 2008 was ” reversed” by the BAR Board of GOVERNORS ( illegally against their own policies ). They reversed it on July 30. 2008 — the Exact time they participated in letting Epstein get off Scott free !
    All documents exist. All documents have bee sent to every politician / FBI DOJ / FLA. SUPREME COURT / International agencies imaginable. No justice. No interest. British Accredited Registry.

    Liked by 1 person

    • Reitired IG says:

      Thank you for your service. and congratulations on WINNING a complaint against a Florida Prosecutor. Talk about wading into a swamp, both literally and figuratively when you go there ! Wish I could be with you whilst listening to Ms. Powell tomorrow night. Would love to hear any pearls of her wisdom you could drop this way. Kind regards to you.

      Liked by 1 person

  23. freepetta says:

    General Flynn did nothing wrong. Weissmann and his band of crooked RAT 🐀 fake prosecutors are so dirty, they should be in prison and sued personally for the damages they inflicted on this patriot.
    The utterly pathetic tactics these RATS 🐀 used against Flynn should get them disbarred.

    Liked by 2 people

  24. Former Lurker says:

    The list of Covington attorneys and clients is indeed impressive. Blackwater, Halliburton, Philip Morris have retained them. They do pro bono work for Gitmo detainees.

    Impressive list of past lawyers. Acheson, Bolton (Yup, that one) Lighthizer, William Bundy of CIA fame, Chertoff who co-wrote the Patriot Act, Eric Holder, and more diplomats, politicians, and such than you can shake a stick at.

    What are the chances that such a respected, famous firm with such close ties to the IC, State and DOJ would furnish bad advice to General Flynn? Seems unlikely.

    Who told Flynn he’d better engage Covington? International law in regards to things like lobbying is what they do. Looks like there are other firms out there…..

    Liked by 3 people

  25. Sammy Hains says:

    Judge Sullivan is just setting us up for another gut punch.
    Justice is dead in the United States of America.

    Liked by 2 people

  26. Gross Government Misconduct – Case Dismissed.

    Liked by 2 people

  27. RLTW says:

    When GENERAL Flynn was hired as NSA he immediately ordered an investigation into possible war crimes committed by the SOF and Intelligence communities in Iraq. Three questions that are never asked by the media:

    1. What happened to our 100 thousand man Sunni army Sons of Iraq allies who helped us track down and kill Zarquawi, capture his successor, Baghdadi and incarcerate him in the prison in Bucca? Where did the Sons of Iraq go?

    2. Why did ISIS go from 70 fighters to tens of thousands?

    3. Why was Baghdadi released from Bucca so that he could take charge of this newfound ISIS army of tens of thousands?

    The answers to these questions were what GENERAL Flynn was looking for when he ordered the investigation. It’s why Clapper gave the order to “take the kill shot on General Flynn.”

    Liked by 3 people

  28. IGiveUp says:

    It would probably just be more expedient to add the DOJ to the list of gov’t agencies like the FBI and CIA that need to be shuttered and re-built. I’d suggest commencing with parallel structures for a time with the eventual closing of the original institution. It does seem to be beyond rehabilitation. Why must Americans suffer with such weak corrupted institutions based upon the faulty premise that we can’t survive replacing them? When did we become so impotent and fearful and incapable?

    Liked by 6 people

  29. George Hicks says:

    In essence the prosecution wants to see the background of Flynn’s original defense communications to evaluate if Flynn was compromised by his original lawyers.
    Why isn’t it the JUDGE requesting this?
    Are you crazy? I’m going to let the PROSECUTION have access to this??

    Liked by 2 people

    • Rhoda R says:

      Why is this even an issue? Covington was involved in the FARA submission that Flynn’s company made – heck, they wrote it! And all of a sudden Flynn is hit with a FARA violation, which should have included Covington. I don’t know the term, but the ONLY ethical track for Covington would be to recuse themselves from the Flynn case. Instead they encouraged Flynn to plead guilty to a ‘lesser crime’ so that their involvement in the FARA violation would be swept under the rug. That is pretty damn bad on the face of it and if Covington did indeed collude with the prosecution then all the lawyers involved need to be sued as well as losing their licenses. At the very least,


  30. I won't back down says:

    Of bigger note is that Van Glack is off the gvt pleadings

    That is tacit but reluctant acknowledgment that he may have been part of the setup

    Liked by 4 people

  31. ezgoer says:

    If Barr was a real AG and not an undercover part of the coup conspiracy to ensure its swept under the rug he would have already intervened to force DOJ to drop all charges against General Flynn. Do you think Eric Holder or Lynch would have allowed their cronies to be falsely charged into a prison sentence?

    Liked by 1 person

  32. Heika says:

    Covington has links to the Clintons I think.
    Hillary Clinton appears in quite a few of their posts. As I said earlier I can’t remember the details, but when he hired them – it was said (their background in the swamp re Clinton) but I can’t recall the reporter. It was just breezed over but I remember thinking at the time, (who advised him to hire THEM!). I believe it was a setup – by the swamp to puck him over even in advising him of who to get for his defence. Sidney would have seen that instantly.


    Liked by 2 people

  33. GTOGUY says:

    The Bundy case got kicked because of some of the same Shenanighans


  34. Sydney wins this by getting a delay. Her first priority is (or should be) to keep her client out of jail. That could have happened February 27.

    This will be a long delay and this could turn into a Mexican standoff. Eventually, the case will be dismissed without fanfare.

    Sydney wins this by revealing more of the story until the sentencing of Flynn becomes moot. She is slowly tacking against a strong headwind.

    Liked by 1 person

    • Beau Geste says:

      In the meantime, more DOJ/FBI dirt will be revealed. The ongoing related FOIA, other litigation and congresscritter “investigtion” concerning DOJ corruption with proceed with discovery and witnesses. Delay generally helps the defense. With impeachment over for at least a little while, there will likely also be more “leakers” against the coup plotters. More honest judges are appointed. Even with AG Barr DOJ/FBI trying to cover it up, more democrat congresscritter foreign aid kickback recipients will likely be exposed, giving PDJT more political capital to act against the coup-plotting DOJ/FBI perps. Judge sullivan will get older.


  35. Sydney wins this by getting a delay. Her first priority is (or should be) to keep her client out of jail. That could have happened February 27.

    This will be a long delay and this could turn into a Mexican standoff. Eventually, the case will be dismissed without fanfare.

    Sydney wins this by revealing more of the story until the sentencing of Flynn becomes moot. She is slowly tacking against a strong headwind.


  36. coldanger says:

    DOJ want a peek into attorney-client privilege. I bet they do, so they can see the case against them!


  37. arsumbris says:

    “…sans Brandon Van Grack”


    Did he have a doctor’s appointment or something?


  38. As it should. Gen. Flynn’s defense was incompetent at a minimum. More likely corrupt.


  39. Retired IG says:

    Avatar the movie helped me through the grief re the loss of my Mother. This scene is so emotionally dirty to me, but it really reminds me of the situation General Flynn is in. His was emotionally bribed. Indeed: “You’ll get your legs back, your real legs.” Ionic how the bribe in the movie didn’t quite work out. Maybe fantasizing but I hope this twisted story re General Flynn works out the same way.
    Avatar scene: Son, You’ll get your Legs back


  40. scrap1ron says:

    What’s the penalty for malicious prosecution? How about jail time and loss of your license to practice law, for starters?


  41. sarasotosfan says:

    Let me get this straight: the DOJ, who requested Flynn be sentenced to six months of probation, is not willing to drop this case, but to now seek to litigate this Kafkaesque prosecution? At the end of this saga there must be a predicate to prosecute the prosecutors for this bizarre effort to continue.

    Liked by 1 person

  42. Frank poliski #4 says:

    Does anyone know why Flynn who has worked for decades in the military/intel space was so stupid as to lie during a quite obvious setup interview? It made no sense then and it makes no sense now. He knows they will have access to his phone calls, he knows that a casual mistake/lie to a federal agent is a crime and he also fell for them telling him “you don’t need an attorney”.

    I can’t get past how incredibluy stupid he was for ever meeting with them, meeting without an attorny, and telling a lie that they could obviously verify. . .he acted like a college intern with no understanding of the implications of his actions. I am not saying he should go to jail but man, he brought ALL of this on himself and his family.



    • sarasotosfan says:

      Um, he didn’t lie. There is no evidence he lied. This is why there is nor 302 to support the assertion he lied.

      you must have been born yesterday to make such an assumption.


  43. Krashman Von Stinkputin says:

    This officially may have now reached the record for the longest

    “Driving With a Broken Tail Light”

    in history.

    Stellar job Mueller & Co.

    Liked by 1 person

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