Flynn Defense Files Motion in Opposition to Amicus Briefs…

In response to Judge Emmet Sullivan announcing a delay in Flynn ruling to allow third party amicus briefs to be filed with the court, Michael Flynn’s defense counsel files a motion in opposition. [Cloud pdf HereEmbed pdf below

In opposition to the delay Attorney Sidney Powell notes Judge Sullivan’s earlier ruling of December 20, 2017, disallowing amicus briefs in this case.

It sure does make a person wonder what changed between December 2017 when Judge Sullivan said no amicus briefs would be allowed, to May 2020 when Judge Sullivan is requesting amicus briefs to be entertained?….

♦Understand Obama’s Surveillance Operation HERE.

♦Michael Flynn wasn’t unmasked, nor under a FISA (Title-1) HERE

Curiouser and Curiouser.

 

Here’s the full briefing in opposition to the intended direction of the court:

This entry was posted in 4th Amendment, 6th Amendment, Activist Judges, AG Bill Barr, Big Stupid Government, Deep State, Dept Of Justice, Election 2020, FBI, media bias, Occupy Type Moonbats, propaganda, Spygate, Spying, THE BIG UGLY, Uncategorized. Bookmark the permalink.

477 Responses to Flynn Defense Files Motion in Opposition to Amicus Briefs…

  1. StuckInBlue says:

    Looks to me like Judge Sullivan thinks that he’s a reincarnated Pontius Pilate.

    Liked by 7 people

    • Ken Lawson says:

      Many, if not most, do think that way.

      Liked by 2 people

    • X XYZ says:

      Um, no.
      Pilate ‘washed his hands of this’ – meaning he wanted no part of making the decision.

      Sullivan only wants to hear from one side. He DOES want to make a decision based upon his invitation for submission of biased amicus briefs against Flynn,

      Liked by 7 people

      • whoseyore says:

        My questions would be, well these responses be available to the public to see? Will there be a name attached to each response? If yes to both, I say, bring it on and Sidney can respond to each one. I loved her response to barak obama and she can make similar responses to each of those who file a brief and make them all look like the folks they are!

        Liked by 3 people

        • whoseyore says:

          fools, not folks

          Liked by 3 people

          • My mother was a lawyer like Sydney is. You give her your reasons and she will address each one and slay you with the facts.

            Being a respecter of the Constitution she naturally has little admiration for the legal profession’s anarchy these days.

            Liked by 4 people

        • Chewbarkah says:

          Powell’s duty is to have the case dismissed as soon as possible for her client. She is donating vast amounts of her time. It is not fair for her to have to write 25 answers to whatever LawFare teams spew. Note that Sullivan is giving notice that he will accept amicus briefs without posting the date. Reason? Give LawFare time to finish their media fodder while Flynn’s life dangles in the breeze. Once they are ready, he’ll issue a due date to cut off everyone else.

          Since Sullivan has the window open, how about Richard Grennell submits an amicus brief with a large package of declassified unmasking data as exhibits?

          Liked by 6 people

      • trump20162024 says:

        The “watergate prosecutors” are all obozobots. Nixon’s crimes were petty compared to obozo’s weaponization of the surveillance tools of the deep sh8t state. Who cares what these “prosecutors” think?

        Liked by 3 people

    • TarsTarkas says:

      More like King Solomon. Only he actually wants to split the baby and then keep the halves as a memento of his ‘wisdom’.

      And of course in the end Solomon became an idolator.

      Liked by 1 person

      • X XYZ says:

        It is recorded that Solomon was wise. Let’s assume or accept that he was just, and also wise.

        But I’ll say one thing about out justice system as it exists today. When our judges who rule in most courts, virtually all of them liberal, decide EVERY case by saying both parties in the case before them are automatically wrong, simply because they ARE in court, and the judge then decides the case by always cutting “the baby” or anything else involved in half, then THAT IS NOT JUSTICE. That’s being a hack. That’s a hack judge acting as a phony version of Solomon. That’s a charade.

        It’s Nanny authoritarianism.

        You kids are fighting. Good children never fight. Good people never come before the court with a dispute. You are BOTH automatically wrong for coming here. Nobody ever wins in this courtroom. Now Judge Nanny will punish you both.

        Take your half (if even that) and be glad you got anything at all. That oughtta teach you a lesson about coming to court!

        Like

  2. SithMystery says:

    Wow! The balls and audacity of the “Resistance” creeps and their Lawfare pit bulls… They are actually going to try to call into question the legitimacy of the DOJ! Obama is not that smart – someone else is pulling the strings…

    Liked by 9 people

    • RJ says:

      Keep in mind Chief Justice Roberts going after President Trump some months back saying judges are neither democrat nor republican, they are special impartial people.

      Pretzel boy Roberts…meet “everybody has a say” Sullivan!

      Liked by 7 people

    • Ken Lawson says:

      It’s been known for over a decade that Obama was simply a puppet. He received his orders from his globalist masters through Valerie Jarrett. And I’m sure what’s going on here is being directed by those same people.

      Liked by 8 people

    • If you recognize the image of cornered rats or rabid dogs in an alley with no escape, it also becomes clear.

      The world simply does not grasp that Epstein and Weinstein are the very tip of a crime marathon that these people have been profiting from and condoning for nearly a century.

      Our founders warned that absolute power corrupts absolutely and these people have been enjoying absolute power for decades. Think of yourselves when you ‘let yourself go’ and cross the line. We have a natural conscience or an acknowledgment that society will not tolerate transgressions. These people are receiving special favors and money and unceasing praise for every untoward action that they do….not one voice of dissent. So OUR dissent, so discordant with what they hear daily from others equally wealthy and influential, becomes like the insignificant buzzing of a small fly.

      People don’t get it. In their minds 6.5 billion of us are set to be wiped off the face of the earth, and therefore have absolutely no value and no validity. You could have a crowd of thousands right in their face and in their minds they would only discount this mass as annoying, ignorant and presumptuous. The level of arrogance is sociopathic and they have appointed themselves as only Soros has openly come out and admitted in interviews, as gods.

      Pelosi’s gaping grin, as she indulges in the most politically incorrect celebration of her wealth and entitlement, reminds me of the gods of myth who openly preened and basked in their exclusivity even as the peasants they harassed writhed in misery.

      “This girl is want, this boy is ignorance. Beware them both but mostly beware this boy.”
      ~ Dickens, The Christmas Carol – the ghost of Christmas present to Ebeneezer Scrooge.

      We are ruled by ignorant, medicated and empowered lessers who delude themselves that their lack of ingenuity, their lack of empathy, their lack of integrity and their lack of ability to compete on a level playing field, is immaterial to their superiority.

      Beware the boy.

      Liked by 9 people

      • this was in response to the comment about balls and audacity. They have nothing else to lose bu everything if we triumph. They have invested EVERYTHING in the new world order and there was never any plan B for them. Trump has set in motion something that LITERALLY is unthinkable for them.

        Liked by 6 people

      • MGBSE says:

        The RATS ignorant voters… guarantee the worst of the worse RAT politicians … whose “lack of ingenuity, lack of empathy, lack of integrity and lack of ability to compete on a level playing field” … are always re-elected.

        Liked by 3 people

      • 1nikao says:

        Countess Elizabeth Bathory.
        Entitled bloodthirsty monsters.

        Like

    • Buster says:

      Eric Holder.

      Like

  3. Joseph Olson says:

    Dec 25, 2016 > Flynn calls Russian ambassador

    Dec 29, 2016 > Obombie sanctions Russia

    FBI hits missed Flynn until VP Judas Pence said “Flynn lies to him”

    Feb 14, 2017 > Trump fired Flynn

    Dec 21, 2017 > Pence tells CBS Margaret Brennen about the liar

    May 2020 > Pence “would welcome Flynn back” > with friends like this….

    Liked by 1 person

    • johnnybiface says:

      That Pence decision created doubts and suspicions on my part that he is a bit too complicit with the uniparty, deepstaters. If not for Pence, we would have uncovered, exposed, and prosecuted the crimes by both the Obama administration, the Deep Staters, the Unipartiers, and President Trump could do right for America rather than being lied, harassed, charged, distracted, framed. Hell of a job Pencey. You have some Paul Ryan detritus in your decisions.

      Liked by 5 people

      • RJ says:

        VP Pence has been for me, since I first saw him on the national stage, just a little too primped in his appearance, his presentations (cadence, etc.) too canned…I did not take to him one bit! Trump seems to really like his efforts, ok, I can live with that.

        However, recent pictures of VP Pence suggest a facial change in tone and color. Might be the hard work he does, or he may have an underlying medical condition.

        I would never vote for him for President. Don’t like his hair…clothing choices, too rigid a character.

        Liked by 2 people

        • ‘Too rigid a character’….please excuse, but I had some thoughts as I read your own reasons for objecting to him.

          Trump shuts out those that he does not trust pretty quickly and the fact that he has not shut out Pence is a rather telling fact to me.

          There are still people in this world who behave with a quiet dignity. Pence and his wife have done, quietly, amazing things for many communities. He is a quieter man who has inserted himself into a world that is not generally quiet or dignified.

          the fact that Trump approves of him and Melania clearly enjoys Karen so much is a rather telling point.

          the reason that I would not vote for him for president is that I think he would be too tolerant of unfettered and naked ambition of his colleagues…but as a VP who actually does something and has clearly accepted Trump, a man with a personality and style completely at odds with Pence’s, I think he’s marvelous.

          And I highly doubt that Trump’s brave defense of faith has come about without quite a lot of discussion with Pence. I imagine Pence has exposed Trump to many things of which he had no knowledge. When Trump went to the pro life march for life he said as much. He had had no idea of what that movement actually is and who the people are that are committed to it and have been for over 40 years. And Trump did a 180 from years ago and embraced it like the bull in the china shop that he is, bless his heart…and Pence and Karen watched with appreciation and support.

          Liked by 7 people

          • RJ says:

            I like your thoughts and presentation…my mind is not closed on Pence, I just put forth my suspicions which means if VP Pence were to prove me wrong I just might pull that lever for him, especially in view of who his opponent might be…well, that’s not totally accurate, I have said it will be a really cold day in hell for me to vote for any democrat, even for the local dog catcher!

            If Melania likes the Pences and stands with her husband in that they helped our President…ok, I’ll vote for.

            My vote can also be bought the older I get–and with inflation right around the corner…that $1200 check Uncle just sent me has me leaning in a right direction…he’s my man! I’m totally convinced! (see how easy that was to modify my feelings)

            Liked by 1 person

        • whoseyore says:

          I don’t trust Pence and wonder if all of the bad choices our president had made were due to his advice? He is definitely Deep State!

          Like

    • Tree observer says:

      That phone call was a total setup. Recall Flynn was on vacation with wife in the DR. Reception was terrible. Multiple calls back and forth. Who initiated the call? Reminds me of another phone call set up. Vindman hands Trump his “talking points”. That’s why the discrepancy in the wb complaint. Trump didn’t exactly follow the script.

      Liked by 3 people

  4. Bryan Alexander says:

    Sullivan did not issue this order in a vacuum. Step back and think about this for a few minutes and consider the ramifications:

    1. He is asking outsiders to weigh in on a criminal case that has not been adjudicated. On it’s face, if there were no other factors involved, he looks as if he does not know what to do and wants advice. That is the most shallow reading of this, and what he is counting on.

    2. In reality, he is knowingly inviting politicization of a criminal case against an individual. I can not imagine a scenario where this would not invite an ethics charge and sanctions against him by the courts. He knows that, or at least he should. He is either incompetent and/or mentally incapacitated. Or, he knows that he will not be sanctioned for a blatantly unethical act.

    3. If he is paying attention to ANY of the motions filed by the attorneys and read any of the attached exhibits, everyone in the legal community knows that the prosecution violated the Brady rule. Not just violated it, but took a hatchet to it, set it on fire and urinated on it.. They deliberately violated the order to produce, knowing it would prove the innocence of the accused. The prosecution has earned a contempt of court citation and a Criminal Contempt referral. Yet Sullivan has not said a word indicating the prosecution has done anything wrong.

    4. The documents produced the past two weeks and filed with the court indicate that the first defense counsel committed sanctionable ethics violations, if not criminal wrongdoing. There has not been a single word from the judge acknowledging the need to have this investigated.

    5. The reversible error that has been talked about is sitting out there like a big pink elephant. If it is true that he is bound by Rule 11 of Federal Rules of Procedure to establish fact before accepting a guilty plea, and he knows he didn’t do that, then his actions are exponentially worse by allowing a case he KNOWS will be reversed to become a political sideshow at the expense of defendant deprived of his civil rights. If he doesn’t know it, he is incompetent.

    Conclusion?
    A. Sullivan knows he will not be sanctioned, which means that the Federal Court System is compromised and justice has been removed from it. He is taking this opportunity to allow Flynn to be further destroyed for political purposes. He deserves to be impeached and removed from the bench.
    Or….
    B. Sullivan is completely incompetent. And needs to be removed from the bench.

    Liked by 21 people

    • Tim says:

      Sullivan isn’t incompetent; ergo, he is compromised. Sidney Powell must be simultaneously be weeping and enraged that Sullivan — who she so greatly respected — is the one doing this to Flynn, and to her as well.

      Liked by 4 people

      • Bryan Alexander says:

        I don’t know that she respected him. She publicly said the right things to steer Sullivan to the right decision. That Sullivan is ignoring the obvious speaks poorly of his judgment.

        Liked by 4 people

        • I agree. Her interview last year with Mark Levin on Life, Liberty and Levin, did not come across as her having a great respect for Sullivan, but as a judge who she moderately considered fair.

          Liked by 3 people

        • Georgia says:

          Sullivan only did anything right in the Stevens’ case AFTER he allowed the conviction based upon fraud and Stevens’ lost the election — the truth was coming out– so there is no praise as to him actually — he ensured the damage needed was done by removing Stevens for Obama– that aided Obama greatly destroying the filibuster for Republicans in the Senate. People need to think about that before “praising” him.

          Liked by 3 people

          • WIlliam the Comptroller says:

            Sen. Ted Stevens, a WWII pilot and biggest champion for Alaska statehood, and his beloved daughter both killed in a plane crash that need not happened if he did not lose his reelection race due to the witch-hunt case against him.

            Liked by 1 person

    • Ray Runge says:

      Thank you for the well thought out contingencies that Sullivan could have factored in to his approach. Sullivan’s action is another iteration in the Hoax of the Week.

      The question is always the way and the best way to counter such disregard for the USA judicial system? My point is that Barr / Durham have produced no coup criminal perp walks. Until the perpetrators of the Spygate, Flynn episode and coup after POTUS Trump was elected are brought to a court of law, the Hoax of the Week will continue.

      Figure out a different venue than the DC Circuit or not.. The home team have been defendants too long.

      Liked by 5 people

      • I think that we all know that the ingenuity for which America is famous, or the lack of it as we deal with this coup attempt, is the elephant in the room.

        With less of a catalyst, than this naked power grab and attempt to destroy all of us by the elite, our ancestors sprang into action and created a force of opposition that overthrew the powerful British forces and monarchy.

        We know that in all likelihood 14 million people will remain unemployed if we get out of this power grab. 10 million were unemployed at the end of the depression.

        The amount of debt that these stimulus packages have imposed upon at LEAST 3 future generations is staggering and still, the only reproof to Pelosi’s willingness to stall ALL future generations with another fiasco of pork, is mild and unhurried.

        People are DYING, not from COVID. And still here we are, stumped, on the sidelines.

        if necessity is the mother of invention then somehow, in our delusion, we STILL do not think of this situation as dire…or we’d have gathered and ignited a response to stop the elites.

        Liked by 2 people

    • DaughterofLiberty says:

      It occurred to me that this is exactly what blacks in the South must have felt circa 1900-1960s, when they watched – on the rare occasion when white scum were even brought to trial to be held accountable for their murderous deeds – were acquited by jury nullification. It brings a sense of hopelessness. Of such injustice, of corruption to the very root and core in the system. Were oaths are completely meaningless.

      Eric “Wingman” Holder has recently crawled out from under his rock. Is Sullivan as racist as Holder and Jug Ears?

      Liked by 4 people

      • Try being in the pro life movement watching unceasing ads for the protection of animals and the outcry against cruelty; and watch the utter indifference and even cries of delight at the cruelty and agony inflicted upon a baby in the womb.

        the parallels with the pro life movement are unavoidable and, sadly, once again it is blacks who are the most vulnerable. As slave owners separated slave families, so the abortion movement and the sexualization of our youth that fuels it, has wreaked havoc on the formerly very solid black family.

        Sullivan and the judge last week in Texas, who presumed to humble Shelley Luther for protecting her family and her staff, is an elitist…and clearly now as dirty as a septic tank left to fester for decades.

        Liked by 2 people

        • Rex says:

          “If God doesn’t judge America soon, He’s going to have to apologize to Sodom and Gomorrah” – Billy Graham

          Like

      • guest4ever says:

        Daughter, I think he is.

        Like

    • Didn’t RBG recently (and shockingly) write a scathing opinion to the 9th Circuit, chastising them for opining on a case that wasn’t even argued by the prosecuting attorneys? I can see this going to the SCOTUS.

      Liked by 1 person

    • Peppurr says:

      Definitely A, imo.

      Like

    • X XYZ says:

      Excellent analysis. The conclusion also is.

      “Sullivan knows he will not be sanctioned.” Indeed. If any attempt is made to sanction him, he will do what anyone in the swamp does when accused of impropriety – spout BS excuses and explanations. Remember illegality can be prosecuted. but incompetence is never prosecuted. Those in power live in an alternate universe. It’s not like the real world where you can be fired for doing your job poorly..

      Liked by 1 person

      • 1nikao says:

        The only reason the “diversity” is celebrated is Affirmative Action appointees can never be held accountable for their failings and the Idiocracy is built on THAT!

        Like

    • MGBSE says:

      C. Sullivan is doing exactly what his blackmailer Holder is telling him to do.

      Liked by 1 person

    • mark says:

      Sullivan needs a Title 1 warrant on his arse. Now that would be a great start and a wakeup call to the DC courts!

      Liked by 1 person

    • bearsgrrr says:

      Excellent summary. I’ll go with A and B.

      Like

    • justsomeguy says:

      Well, here is a look at Sullivan’s actions from another angle:

      Like

    • mark says:

      Bryan Alexander, can we file your post as an amicus brief?

      Like

  5. Deplorable_Vespucciland says:

    OBA MAGA TE

    OBAMAGATE makes Watergate look like child’s play.

    Drain the swamp!

    Liked by 6 people

  6. OldSchooley says:

    Prosecution shopping – when judge shopping is not enough.

    Liked by 8 people

  7. doofusdawg says:

    There is no way that Sullivan is ever going to dismiss. By doing so he would effectively be endorsing the fact that muh russia was a hoax. Ain’t gonna happen because all of his peers would be at risk. Barr is going to have to continue to release evidence to prove the hoax (in the public) and start releasing indictments. Barr has to realize by now that there is no justice in the DC circuit and everything is political.

    Manafort going home is clearly Barr’s first response. That will piss off the left. Pushing back Stone’s incarceration another few months should give Sullivan;s ploy time to fade and further piss off the left. Time for Barr to go on offense… this is war and he knows it. My guess is indictments and major declassifications before the end of the month.. all aimed at making Sullivan look as partisan as he is and continuing to brace the country for the coming big ugly.

    Liked by 10 people

    • X XYZ says:

      “There is no way that Sullivan is ever going to dismiss.”
      That’s right.

      A: Judges have much power and very large egos. Only other courts can overrule them. The longer they are on the bench – or should we say “throne? – the bigger their egos and their asses become.

      B: Short of the judge committing a heinous crime, such as murder, there is no way he will ever be removed from his position.

      Think of it as a “safe seat”. But most judges don’t need to run for re-election – and if they do, they often run unopposed, or they run on every party ticket, which amounts to the same thing.

      Like

  8. MO Pragmatist says:

    Just tried to download the doc from Scribd. It is no longer available. Sundance, do you have a pdf you can post?

    Like

  9. iwasthere says:

    Aaaaand . . . now we know why the Dems are fighting so hard on the court of appeals appointment. It’s lawfare’s private little h*ll hole of a court.

    Liked by 6 people

    • ALL judiciary comes down to abortion. Abortion and planned parenthood are inserted into every level of violent invasion we are experiencing. The illegals smuggle in vulnerable children for sexual trafficking.
      The drug cartels provide the drugs to render these kids incapable of resistance
      The abortion clinics abort the babies from these babies…often killing them.
      The doctors in hospitals complicit with abortion take in the girls who are the casualties of botched abortions and attach a completely false reason for their deaths on their death certificates
      The abortion clinics do not report teens and minors sex trafficked, as is the law, but either kill them or put them back out on the streets
      The newest and sickest movement of the abortion movement is babies nearly born and aborted perfectly formed; or babies ACTUALLY born and killed after birth by taking out their living organs….

      The MONEY from all of these enterprises allied together is insane and much of that is finding its way into every politician’s and every special interest’s bank account….it’s not just insider trading that is making them rich.

      Don’t believe me?
      This knowledge is known to many of us, but it is ESPECIALLY known to D.C. and all the judiciary.

      And they say nothing.

      And they get rich.

      And they pull out all the stops in order to stop any obstruction to their gravy train.

      And once you are on board with this level of evil, absolutely nobody is safe from their genocidal insanity.

      Liked by 2 people

  10. Mike says:

    I think we have entered into a hold hostage phase between the current sides of previous evil and current good.

    The DOJ dismissal filing reads like an indictment, I think that is worth noting in the over all picture especially if the DOJ is looking at charges against anyone involved in Flynn’s prosecution.

    I believe the other side has taken serious note of this and is looking for any way they can to derail that from happening. Holding Flynn hostage being one of them, trying to salvage the whole mess and find a way to sentence him irregardless of the dismissal is another. Hence both the delay and the allowance of lawfare injection into the case now.

    These people are dubious, fearless and willing to run anything or anyone off of a cliff.

    Liked by 5 people

    • doofusdawg says:

      Maybe Barr could put new declassifications in Sullivan’s briefs… not under seal. It would be interesting to have the executive branch (doj) say something is declassified and then have the judicial branch (Sullivan) claim try try to seal it for some bogus reason like classified. Would imagine Scotus would clear that up immediately at Sullivan’s expense.

      Regardless it would shine spotlight on whatever doj wanted released.

      Liked by 1 person

  11. 'TomA says:

    The Deep State is escalating in the face of a wave of new disclosures and the recent motion to drop charges against Mike Flynn. This is not surprising, as their desperation is becoming acute and they are running out of civil options with which to continue their crusade of criminality. Thank God that Sidney is fighting back. She may well be the only force that is holding back the night.

    Liked by 2 people

  12. What does Obama have on this judge?

    Liked by 1 person

    • Why do people always think someone is being blackmailed when they side with corruption? Maybe he is a Democrat and that’s enough.

      Liked by 4 people

      • Dwayne Diesel says:

        Because Obama was spying on everyone, including the Dems. Well, his little Cabal (which includes Clinton IMO) at least were spying. Maxine let that cat out of the bag in 2013, Just DuckDuckgo “Maxine Waters Obama Database.” There’s a Rolan Martin clip, about 2 minutes long, she starts talking at about 23/24 seconds.

        Liked by 2 people

      • BECAUSE the intelligence, weaponized, has had the ability to spy on absolutely every person in office and on the bench for the last 15 years and we have already been made aware that that has worked.

        Blackmail, threats or bribes are the primary reason.

        And the democrat party IS blackmails, threats and bribes. Intimidation at all levels is what they do, but anyone who ties to maintain a position on the fence, thinking that they can cross the line ‘sometimes’ , HAS crossed the line and their judgment from that point on is impaired.

        Obama is from Chicago mafia and the black supremacy and Islamic supremacy. These people ONLY deal in intimidation and blackmail. There is not an ounce of good solid work ethic and integrity among them.

        Liked by 2 people

      • cofvevern says:

        IMO, Obama’s “leaked” memo to his “Obama Alumni” group the other week said (I’m paraphrasing here) that under Trump, the rule of law is at risk. He was referring to the Flynn case dismissal. Was this a shout-out to Judge Sullivan?

        Liked by 1 person

      • X XYZ says:

        The “blackmailed” scenario always seems to appear as a plausible explanation. No conjecture is necessary. “I was blackmailed” might seem more forgivable than “I am corrupt”.

        Being corrupt is enough. All Democrats + most Republicans are corrupt. No blackmail is necessary.

        Like

    • dd_sc says:

      Nothing. He was appointed to his current position by Bill Clinton. During the investigation into Hillary’s email server and mishandling of classified evidence, he channeled his inner Trey Goudy and did a lot of chastising of the DOJ, but never delivered. President Reagan appointed him to the Superior Court in DC and Sullivan has been working his way up the Swamp food chain ever since.

      Liked by 1 person

  13. dustahll says:

    Sullivan just signed his own confession as a deep state judicial hack

    Liked by 4 people

  14. Frederick says:

    Scribd removed the brief from public view a few minutes ago.

    Like

  15. CTH Fan says:

    Will some of the wonderful legal eagles that post here answer a question for me?

    Does a pardon expunge the record and is LTG then allowed to be part of the administration?

    If the answer is yes, then the Judge is only destroying his reputation for nothing and, once all the evidence is declassified, he will be setting himself up for impeachment.

    This case clearly demonstrates the uphill battle that Prosecutor Durham and AG Barr will have bringing the coupsters to justice. There has to be a change of venue or a military tribunal due to the nature of the charges. Perhaps a case could be made that attempting to overthrow a Constitutional government is tantamount to military action.

    Liked by 5 people

    • TarsTarkas says:

      I’m no lawyer, but I believe a Pardon would expunge the record ‘officially’. However the Democrats would always use that pardon as a club to beat POTUS and Flynn with. ‘Guilty as charged but pardoned by corrupt evil OMB’ will be one of the refrains. IMO that is why POTUS is waiting to see what happens. Just like he did with the Mueller witch hunt. Let it play out, because any action taken will be ju-jitsued against him.

      Like

  16. jay says:

    Tolman on next move:

    https://www.foxnews.com/media/us-attorney-flynn-judge-decision-district-case-washington-dc

    Tolman: Writ of mandamus to Cir Ct

    Cir Court will follow United States v. Sineneng-Smith

    BHO’s phone call was a clarion call to all his followers: revolt, disrupt, civil disobedience, chaos.

    Liked by 3 people

    • Dwayne Diesel says:

      This means nothing to those of us not familiar with the “legal” process. What does this mean?

      Like

      • jay says:

        1. mandamus
        (man-dame-us) n. Latin for “we order,” a writ (more modernly called a “writ of mandate”) which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.

        An attorney requests a mandamus when they want a government body to take action on a matter – In practice, action is requested where the process is outside of the normally time. i.e., they government is taking too long, the application is off the track, the government is not acting. The attorney believes there is an exigent reason and he/she is justified in the request because immediate oversight is needed.

        2. Stare Decisis
        Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.

        in layman – when the Supreme court rules on a matter, it is law. The Sup. Ct is the ultimate interpreter of the constitution and of law. Marbury v. Madison the Court can overrule any government action if the Court determines the action violates the Constitution.

        3. JUDICIAL DISCRETION
        The party presentation rule is a common law principle discouraging federal courts from considering legal arguments and issues that were not raised by litigants.

        4. On May 7, 2020 the Supreme Court issued this decision
        United States v. Sineneng-Smith, https://www.supremecourt.gov/opinions/19pdf/19-67_n6io.pdf IRONICALLY, IT WAS THE SAME DAY AS THE MOTION TO DISMISS. GOD WORKS IN MYSTERIOUS WAYS, WE MUST HAVE FAITH IN TRUMP AND GOD

        In Layman terms the holding means: The parties in a case frame the issues. It is not proper for a court to deviate from the principal of party presentation and permit third parties to advocate a theory of the case.

        Held: The Ninth Circuit panel’s drastic departure from the principle of party presentation constituted an abuse of discretion.
        The Nation’s adversarial adjudication system follows the principle of party presentation. Greenlaw v. United States, 554 U. S. 237, 243. “In both civil and criminal cases, . . . we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.” Id., at 243.
        That principle forecloses the controlling role the Ninth Circuit took on in this case. No extraordinary circumstances justified the panel’s takeover of the appeal. Sineneng-Smith, represented by competent counsel, had raised a vagueness argument and First Amendment ar-guments homing in on her own conduct, not that of others. Electing not to address the party-presented controversy, the panel projected that §1324(a)(1)(A)(iv) might cover a wide swath of protected speech, including abstract advocacy and legal advice. It did so even though Sineneng-Smith’s counsel had presented a contrary theory of the case in her briefs and before the District Court. A court is not hidebound by counsel’s precise arguments, but the Ninth Circuit’s radical trans¬formation of this case goes well beyond the pale. On remand, the case is to be reconsidered shorn of the overbreadth inquiry interjected by the appellate panel and bearing a fair resemblance to the case shaped by the parties. Pp. 3–9.
        910 F. 3d 461, vacated and remanded.
        GINSBURG,

        Liked by 2 people

    • guest4ever says:

      Jay, is that the new ruling just put out by the SC yesterday/today?

      Like

  17. Roadagent says:

    I thought Sullivan was a neutral player until now. This is an attempt to get Trump to pardon Flynn and end his ordeal. Then the swamp creatures will claim that the truth will never be known, Flynn was guilty, and Trump corruptly became engaged to cover himself. Somebody got to Sullivan. No other explanation makes any sense. Hopefully, Trump will stay his hand and let Sidney Powell do her thing. There is no way any amicus filing will reverse the facts at hand as to how Flynn was framed by the criminal activists in Obama’s DOJ/FBI. It’s just going to take some more time.

    Like

  18. Rick says:

    Does anyone get the sense Judge Sullivan is beholden to someone?

    A while back a twitter user named Johnheretohelp said Judge Sullivan was compromised by rep Elijah Cummings when he got Sullivan’s son out of a legal flap. Maybe now other parties involved are sqeezing him?

    John said he worked on computers for Rod Rosenstein when he worked in Baltimore, and had access to the CCIPS FBI systems. He said The Obama/Brennan/Clapper Hammer operated out of this office and that Rod Rosenstein conducted illegal searches from it.

    Do you suppose he’s being squeezed by one or more people from Baltimore law enforcement?

    Liked by 1 person

  19. Dwayne Diesel says:

    This puzzles me, the fact Sullivan is thinking about honoring this request. I had to look up what the request was…and it just seems odd. Especially since Sullivan turned this down 24 previous times and it appears by the same group.

    I think Sydney thought about this being a possibility- I would if I was a good lawyer. Why? You know your judge, you know your court district, and you know the law. If I were Sydney, I would think about every possible outcome or decision for any action I take for my client. And that includes a few absurd things that only a desperate person would try. I say she thought about this because her reply was pretty darn fast.

    I’m sure they have a response ready if it goes either way.

    I now hope they draw Sullivan’s skeletons out into the open. Judge, you want to open the door, well be prepared for what enters. It’s why you just don’t leave your door wide open at home- you invite all kinds, you get all kinds, and opening that door invites all kinds.

    Liked by 3 people

  20. mickjt says:

    ALL interviews should be recorded with Checksum Key files associated on the recording itself to prevent tampering. This archaic written 302 process, in my opinion, IS USED so the powers that be can manipulate them as was done in the Flynn case.

    Liked by 3 people

    • guest4ever says:

      mickjt—Of course they use the written 302 process so it can be easily manipulated!!! DUH!!! Been going on for WAY too long, long before the good general’s name ever came up in this, “court”.

      Liked by 1 person

  21. Troublemaker10 says:

    Former US attorney on judge’s ‘outrageous’ decision in Flynn case: I thought I’d ‘seen everything’
    https://www.foxnews.com/media/us-attorney-flynn-judge-decision-district-case-washington-dc?fbclid=IwAR1n-QqQy4KET9XemRRHYVT9x8hKOrsSTq464Ww8D1qjmnMJz1bfocxAmyA

    Like

  22. Paul Katz says:

    The key to remedy lies in Sunshine.

    Not illegally ala Wikileaks but within.

    Trump-Barr should simply say classification is outweighed a Public Right to both know and be informed. A election is on the way and information being withheld is akin to non disclosure

    Release everything at one time. All the Interviews,noted,and NSA disclosures by those who requested Unmasking.

    All files relating to the Server breach including but not limited to communications with Crowdstrike and all FBI information we now know regarding Seth Rich.

    RELEASE . ITS NOT ONLY LEGAL BUT NECESSARY IN A DEMOCRATIC REPUBLIC

    Liked by 1 person

  23. David says:

    Is it possible that Sullivan recognizes that by dismissing the charges it makes it possible to cover the crimes of the prosecutors ? By inviting the briefs he forces the DOJ to continue to expose the crimes of the Mueller prosecutors. Barr is an istitutionalist interested in ending the embarrassment of the DOJ and FBI not real justice. As long as this goes on Barr has to keep producing Brady material and defend his authority. This means he has to keep going future and further against the Mueller fraud. I’m pretty sure Barr just wants this to go away quietly and Durham to pursue a minor fringe player so as not to mortally wound the institutional reputation of the DOJ and FBI. Or Sullivan is completely corrupt…

    Like

    • TarsTarkas says:

      That is what I believe Roscoe Davis is proposing. There is a lot of maneuvering going on behind the scenes we don’t know about.

      Liked by 1 person

    • Georgia says:

      No– he could have had hearing on the Prosecutorial misconduct and sanctioned them — this is NOT the device to do that — he is showing he is just another Clinton appointed Judge who is part of the “Resistance” — there are no “good” intentions behind what he is doing. Zero.

      Liked by 1 person

  24. James the retiree says:

    I admit that I have been puzzled by some of Judge Sullivan’s behavior throughout this case; however, perhaps this action isn’t so nefarious. Consider:

    Judge Sullivan was publicly embarrassed by the government’s douchebaggery in the Senator Ted Stevens (R-Alaska) case, because he fell for prosecutorial malfeasance and convicted an innocent man in what turned out to be a political hit job. When evidence of that came to light, Sullivan re erased his own conviction and referred the entire prosecution team (including the head of the DOJ Public Corruption unit) for a Criminal Contempt investigation.

    Since that episode, Sullivan gives a specific order to the government at the beginning of each case regarding required discovery and Brady requirements – which they must acknowledge.

    Perhaps Sullivan has been angered that the DOJ once again lied and attempted to use him and his court for a political set-up. Not only did they ignore established court procedures and established caselaw (Brady), which are sanctionable, but they in essence told Sullivan to piss up a rope by purposefully ignoring his specific order all the while affirming that they had complied. He is made to appear incompetent or biased because he took the word of the prosecution and ignored the warnings and pleadings of the defense. Ouch. That’s gotta sting a bit.

    If Sullivan agrees with the DOJ and dismisses the case now, he no longer has authority over the government’s action, other than to make another investigative referral for contempt, etc.

    If he does not acquiescence to the DOJ request to dismiss now, he is at the sentencing phase. Both sides have filed all of there motions and briefs, and there is nothing left to do other than sentence – also effectively ending Sullivan’s authority over the government. Unless he stalls by allowing amici briefs (none of which he is obligated to read, consider, or allow) which will extend his authority to demand more disclosure from the government.

    It is my (uninformed) opinion that the damming evidence which was recently disclosed is the least damning evidence that would allow the DOJ to dismiss this case. I’ll bet there is far worse evidence (likely in the hands of USA Durham) that exists.

    Judge Sullivan may be looking to extract his pound of flesh from the DOJ for attempting to use him, again, in their corrupt political hit job at the cost of his ethical reputation.

    Or, maybe not.

    Liked by 1 person

    • ann says:

      Your perspective is definitely worth considering, James.

      I mulled this over. .
      Yes, Sullivan’s personal agenda could very well spill over into his decisions: , could be a conscious choice or subliminal bias.
      Judges, very like surgeons, can become prima donnas.

      Plus, Sullivan indulges himself by being grumpy. His bizarre rant to Flynn about treason, so “out there” even nonlaŵyers (me lol) questioned the propriety of assigning sentencing to this judge.

      Such erratic, irrational conduct is a cue, an alert that he is failing to compartmentalise, i.e. seperate his emotions and ego from his duty, .

      Thanks for sharing your thoughts.

      Like

  25. Doug Amos says:

    More distractions. This is all about Ears! If he gets charged with treason and that he is guilty of, indeed, Obama must go before a military tribunal, not the courts.

    Liked by 1 person

  26. Perot Conservative says:

    They won’t stop.

    Notice how the MSM has a virtual blackout of Sidney Powell’s name?

    Liked by 2 people

    • ann says:

      I don’t know why we continue to placate Resist, they declared civil war on us.
      Their party platform and immediate goal is to eradicate our power as voters.

      The DNC Horde is, in effect, blocking the full transfer of power. I’d rather get it over with, although I’m unfamiliar with violence.

      We could start with civil disobedience, a tax revolt, etc. 🇺🇸🦅

      Like

  27. guest4ever says:

    Article re-posted from the Epoch Times to CitizensJournal.us.

    BY MATTHEW VADUM

    The Supreme Court unanimously resurrected a federal law struck down by an appeals court that made it a felony to encourage people to come to or stay illegally in the United States.

    The May 7 ruling was a dramatic victory for the Trump administration, which had urged the high court to reverse a 2018 ruling by the 9th Circuit Court of Appeals. President Donald Trump, who has made immigration his signature issue, also favors reducing both illegal and legal immigration, along with cracking down on illegal aliens.

    The problem, according to the Supreme Court, was that the lower court selected activist groups to dominate arguments against the law and then accepted their reasons for why it should be invalidated, even though the defendant herself did not raise those same concerns in her defense.

    San Jose, California-based immigration consultant Evelyn Sineneng-Smith was accused in 2010 of duping illegal aliens into paying her fees to file frivolous applications for visas and encouraging them to stay in the country unlawfully. Her business catered to Filipinos unlawfully present in the United States who worked in the home health care field.

    Prosecutors said Sineneng-Smith cheated her clients out of more than $3 million by knowingly filing futile applications after the legal deadline of April 30, 2001, for a now-defunct program run by immigration authorities that was supposed to lead to permanent resident status. She was sentenced to 18 months of imprisonment.

    Section 1324 of the federal Immigration and Nationality Act makes it a felony punishable by up to five years imprisonment for anyone who “encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” The period behind bars doubles if he or she acted “for the purpose of commercial advantage or private financial gain.”

    A 9th Circuit panel found the law was “unconstitutionally overbroad” because it “criminalizes a substantial amount of protected expression in relation to the statute’s narrow legitimate sweep.” The law “potentially criminalizes the simple words—spoken to a son, a wife, a parent, a friend, a neighbor, a coworker, a student, a client—‘I encourage you to stay here,’” Senior U.S. Circuit Judge A. Wallace Tashima, a Clinton appointee, wrote for the panel.

    In a decision written by Justice Ruth Bader Ginsburg in the case, cited as U.S. v. Sineneng-Smith, the high court noted that Sineneng-Smith didn’t raise the overbreadth argument at her trial or before the appeals court. (Justice Clarence Thomas filed his own concurring opinion.)

    “With the appeal poised for decision based upon the parties’ presentations, the appeals panel intervened,” Ginsburg wrote. “It ordered further briefing, but not from the parties,” and committed a serious error when it moved the case “onto a different track.”

    “Instead of adjudicating the case presented by the parties, the appeals court named three amici and invited them to brief and argue issues framed by the panel, including a question Sineneng-Smith herself never raised earlier: Whether the statute of conviction is overbroad under the First Amendment.”

    The three amici, or groups that participated in the appeal as so-called friends-of-the-court, were the Federal Defender Organizations of the Ninth Circuit, along with two left-wing activist groups—the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild (NLG). The NLG has longstanding ties to the Communist Party USA.

    “In the ensuing do over of the appeal, counsel for the parties were assigned a secondary role,” Ginsburg wrote. “The Ninth Circuit ultimately concluded, in accord with the invited amici’s arguments, that [the legal provision] is unconstitutionally overbroad.

    “The appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion.”

    The appeals court’s judgement was vacated and the case was remanded “for an adjudication of the appeal attuned to the case shaped by the parties rather than the case designed by the appeals panel.”

    Dan Stein, president of the Federation for American Immigration Reform (FAIR), told The Epoch Times he was satisfied with the Supreme Court’s decision.

    The court was concerned here “with the institutional integrity of the judiciary and its proper role in our tripartite system of government,” he said.

    “There is a point beyond which politicized judges, many appointed by President Obama, may not go in spontaneously raising policy issues on appeal that were not presented by the parties in the lower courts,” Stein said.

    “Courts are not super legislatures that have the right to substitute their own political and policy judgments for those of elected representatives based on a whim, and no effort to recruit politically allied organizations to provide friend-of-the-court briefs can empower an expansive authority that does not lie properly within the judiciary.

    “Not only is this a win for the Trump administration, it’s a win for the American people, and conveys the concern that the Supreme Court itself has with the radicalized nature of many lower Court judges in abusing their powers—especially as it pertains to controversial political issues like immigration policy.”

    Republished with Permission The Epoch Times SUBSCRIBE

    Question? Could this 9-0 decision help Sidney with General Flynn’s defense? It seems like that to me.

    Liked by 2 people

  28. mugdiller says:

    Can Powell now also flood the court with amicus briefs.

    Like

  29. Elle says:

    It is a nice trick by our Department of Injustice. The DOJ sends out a beautiful spox to show they are a new and improved DOJ. They were Shocked! Shocked! to find gestapo tactics going on.

    But in reality, they are just using a legal loophole and a compliant judge to prevent Flynn from being cleared. Then they throw up their hands and act as if they are clean as the driven snow. “Look, we TRIED to clear him. We just happened to do it in a way we knew Judge Sullivan would be able to work around!”

    Liked by 1 person

  30. tsmifjones says:

    Corrupt judges?..ha.. Arkansas is full of them. Obama flunkies, criminal or soon to be..All I had to do was see him, and I was like , oh okay, I gotcha.

    Like

  31. WSB says:

    Emmet Sullivan Staff Information

    Chambers: (202) 354-3260

    Courtroom Deputy:
    Mark Coates (202) 354-3364

    Court Reporter:
    Lisa Bankins (202) 354-3243

    U.S. DISTRICT COURT TELEPHONE LISTINGS
    Attorney Admissions/Naturalization (202) 354-3110
    Civil (202) 354-3190
    Court Reporter Supervisor (202) 354-3044
    Criminal (202) 354-3060
    Files & Copies (202) 354-3080
    Finance Office (202) 354-3100
    Human Resources (202) 354-3200
    Jury Office (202) 354-3360
    New Case Desk (Civil Intake, Miscellaneous Case Desk & Pro Se) (202) 354-3120
    Office of the Clerk of the Court (General Information) (202) 354-3050
    U.S. District Court Clerk’s Office Information (202) 354-3000
    Other U.S. Courthouse Numbers
    Alternative Dispute Resolution Programs (202) 216-7350
    Cafeteria (202) 682-4262
    Circuit Executive (202) 216-7340
    Clerk, Committee on Attorney Grievances (202) 354-3320
    Court of Appeals for the D.C. Circuit/Info. (202) 216-7000
    Health Unit (202) 219-4739
    Pretrial Services (202) 442-1002
    Probation Office Information (202) 565-1300
    U.S. Attorney’s Office Information (202) 514-7566
    U.S. Marshals Service (202) 353-0600
    D.C. COURTHOUSE NUMBER
    D.C. Superior Court Information (202) 879-1010

    Call everyone.

    Liked by 1 person

  32. Mr e-man says:

    This is clearly an attempt by the Judge to respond to Obama’s call for action. Obama wants more people on the record that Flynn is a danger to the USA, and the rule of law is being stood on it’s head by Trump and Barr.

    Each amicus will echo that abuse of power by Barr that puts us all in danger and will be officially on record in the Flynn case. Then Obama’s media shills will trumpet that talking point until the cows come home. They won’t have to address the real issue of Obama and Biden corruption.

    This is all about getting across the finish line 5 months from now. Delay, obfuscate, ignore, divert for just a few more months. If they win the election, every investigation will be dropped and they will get off scot free. They are very close.

    Liked by 4 people

    • ncbirdnwrd says:

      I see on Court Listener that today Judge Sullivan has denied Powell’s filing of yesterday opposing the amicus circus. He has also denied two other filings that apparently were sealed.
      What’s next? I’m ill.

      Liked by 1 person

  33. Elle says:

    https://www.redstate.com/shipwreckedcrew/2020/05/12/very-likely-judge-emmet-sullivan-committed-error-in-connection-with-flynn-sentencing/

    Saw this link at legal insurrection. If true, it allows me to walk back my utter disgust and loss of hope that our justice system allowed a path forward where Sullivan could allow the Flynn travesty to continue. It made me lose all faith in them. But…. hopefully… there is still hope.

    Liked by 1 person

    • Joemama says:

      If the article is correct, either Sullivan is either incompetent, corrupt., or doesn’t take his job seriously.

      It is quite scary that our legal system is so broken.

      Liked by 1 person

  34. hokkoda says:

    Does anybody know if an appeal has been submitted to the DC Circuit Court of Appeals, which is the avenue Sullivan states in his prior order to appeal decisions of his court? Seems to me for something this insane you don’t wait to hear how Sullivan responds. You take him to court and you have his ruling vacated by people who obey the LAW not OBAMA.

    Liked by 1 person

  35. John55 says:

    Look’s to me like the ‘judge’ wants to drag this thing out until after the election in November. Eventually Flynn will win in court, but they can’t allow that to happen until after they defeat Trump.

    Liked by 1 person

  36. destashjan says:

    BREAKING: Federal Judge Emmet Sullivan is appointing a retired judge to look into whether Michael Flynn should be held in contempt for perjury in an effort to argue against the DOJ’s request to dismiss the case.

    Like

    • Joemama says:

      Interesting that the charge will be perjury, which is exactly what the Kenyan C_A operative known as obama said in his drug addled, rambling monologue yesterday.

      Everyone ridiculed him saying that Gen Flynn was not being prosecuted for perjury. Well apparently now he will be.

      Strange coincidence, huh?

      The encouraging thing is that obama had to resort to a public channel to send the message to his co-conspirators. This suggests to me that the US military have shut down the deep state’s usual communication paths completely.

      Liked by 1 person

  37. Bill Henslee says:

    I remember that Chief Justice Roberts intervened some years ago to discipline or remove a judge from the Federal bench in D.C. ???? I believe the CJ of the SCt. must have some powers to act sua sponte on matters that warrant a removal of a Federal Judge with a lifetime appointment. I don’t know what would trigger this, but it looks to me that Judge Sullivan surely needs to be removed from the bench based on his obvious bias and extra-judicial orders.

    I sent a letter to attorney Sydney Powell about this but doubt she will do it.

    Like

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