U.S. Solicitor General Noel Francisco Responds to DC District Court – Refutes Arguments Presented by Flynn Judge Emmet Sullivan…

The DOJ has responded to the DC District Court invitation to file a brief in support of intervention by the appellate court. [pdf available here] In an unusual move the response from the Department of Justice comes directly from the office of the United States Solicitor General, Noel Francisco.

The DOJ points out the Judge has no standing to violate Article II and Article III of the U.S. Constitution in an effort to anoint himself as prosecutor, judge and jury of a criminal case outside of his judicial authority. “The Constitution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes,” Francisco argues.

Additionally, rules of criminal procedure “do not authorize a court to stand in the way of a dismissal the defendant does not oppose, and any other reading would violate both Article II and Article III” the DOJ writes.

Here’s the Full Brief:

 

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366 Responses to U.S. Solicitor General Noel Francisco Responds to DC District Court – Refutes Arguments Presented by Flynn Judge Emmet Sullivan…

  1. Charlie Currie says:

    Having Francisco sign the response signals the DOJ will take this to the SC if need be.

    Liked by 68 people

    • Wethal says:

      It also means that Francisco think the arguments are so good for Flynn that he’s willing to weigh in and put his name to them at this stage of the proceedings. The SG usually only represents the US at SCOTUS.

      Liked by 35 people

    • Trygve says:

      Why would the SC need to be involved in such a clear-cut case? It’s not like this corrupt judge has some sort of merit.

      Liked by 11 people

      • Wethal says:

        It won’t get involved if it agrees with the DC Circuit. The SC can just deny cert if the DC Circuit rules in Flynn’s favor. I hope Sidney or an amicus emphasizes the broader implications of Sullivan’s move – no one would dare try to withdraw a guilty plea if it meant a possible perjury charge, and withdrawing a plea is an accepted practice.

        Any prosecutor could then squeeze out a guilty plea knowing it couldn’t be withdrawn, no matter what developed. The potential for both judicial and prosecutorial malfeasance is great.

        Liked by 30 people

        • DaughterofLiberty says:

          Right on, Wethal – you’re absolutely right.

          Liked by 7 people

        • Issy says:

          Wethal: I think we have already seen prosecutorial and judicial malfeasance. That this was allowed to go to this extent is sickening. How can anyone believe in our judicial system after seeing this travesty?

          Liked by 6 people

        • Chip Bennett says:

          Who would have standing to take the matter to SCOTUS if the DC Court of Appeals grants the writ? Sullivan is not a party to the underlying matter, and as far as I’m aware, would himself have no standing before the Court of Appeals or SCOTUS to appeal any decision.

          Liked by 1 person

        • regitiger says:

          bingo…

          and to the exotic point.

          it also very much STEALS the power of main justice to continue the practice of fascilitating it’s long ‘tradition’ of stacking ridiculous charges as a means to pressure a defendant to plea…

          example: what happens when a defendant withdrawals a plea….? in the sullivan world, this means main justice will have to demonstrate two (at least) concerns to the court:

          a. that the stacked charges are valid and bona fide
          b. that they will pursue those charges as a consequence that the defendant has “flipped” said deal

          for those noticing, I made this point in another thread.

          Sullivan is presenting a very ugly situation for main justice:

          a. show me why you not now willing to issue the former charges that were set aside in lieu of the plea bargain.
          b. or show me evidence the former charges were built on prosecutorial misconduct

          also to notice: sullivan’s direct misconduct in NOT ordering or inspecting the brady material and in fact denying it to be presented at all?

          there are so many problematic issues here created by sullivan.

          it’s not a leap at all that he has gone full desperado….knowing full well, none of this will be acceptable. But sufficiently and temporarily effective to delay case dismissal until after the election….that is pretty obvious now.

          and for those that think sullivan has personal risk: hardly any at all *notice the section near the end of this post for guidance

          1.. He’s near retirement..and the last time that a federal judge was held in contempt, or even impeached was 2010: House impeached U.S. District Court Judge G. Thomas Porteous, Jr. on allegations of bribery and making false statements. The Senate convicted Porteous. Of the 15 federal judicial impeachments in history, the most common charges were making false statements, favoritism toward litigants or special appointees, intoxication on the bench, and abuse of the contempt power.

          2. Historical practice suggests a strong tradition against impeaching judges for judicial rulings. Chief Justice William Rehnquist, who wrote a book examining the history of judicial impeachment, found that early historical uses of the impeachment power established a norm that “judicial acts – their rulings from the bench – would not be a basis for removal from office by impeachment and conviction.”

          According to Rehnquist, the attempted removal of Supreme Court Justice Samuel Chase in 1804 was, in particular, “enormously important in securing the kind of judicial independence contemplated by” the Constitution. President Thomas Jefferson, a Democratic-Republican, encouraged the House to impeach Justice Chase, a Federalist, after Chase openly criticized the President and his policies to a Baltimore grand jury. In addition to the charge that his partisan statements undermined the judiciary, the charges against Justice Chase ultimately included inflated allegations of misconduct in several trials. The House impeached Chase in 1804, but the following year, the Senate declined to convict, despite Jefferson’s party holding a supermajority. This failed impeachment helped set the bounds of the proper use of the impeachment power – including that judicial decisions should not be a basis for removing judges from the bench.

          tldr: if sullivan goes down due to misconduct in this case, the most likely would be his direct coordination with special counsel selection., GLEESON. An argument can be made, authentically that Sullivan has activated GLEESON specifically to moderate against his own misconduct in this case. (the declaration he made that Flynn was a traitor, a crime of treason implied, a crime he was never charged with!…And 2. his refusal to dismiss the case after the executive (prosecutors) have withdrawn all outstanding charges IN THIS CASE…which is a abuse of powers/separation of powers issue)

          There IS MUCH AMMO here supplied liberally by sullivan for his impeachment.

          getting congress to actually do it? unlikely.

          It IS however, worth the effort. At least write the articles and make his misconduct on display in a very public way…this helps to remove the space for the corruptors to navigate freely in other issues. (we need to be thinking hot war strategy …asymmetrically…the weight of the opposition is their achillesss..that must be expoited and used to twist them up and complicate their talent pool)

          Liked by 2 people

          • railer says:

            Excellent post. Many good points.

            DoJ wants this to just go away, and you make a good point that we should address Sullivan’s misconduct because it’ll surface DoJ’s issues and others’ in the LawFare orbit.

            Like

      • Pew-Anon says:

        Because it represents a fundamental constitutional issue, and the SCOTUS is the final authority on such matters, by their own decree.

        Liked by 4 people

      • David M Kitting says:

        Under Constitutional Law, the SC wouldn’t even be mentioned in the apprehension of a corrupt Judge, unless said corrupt Judge(s) are on the SC. However, under the current political infestation of the Judicial Branch as well as Governments in general, Law is usurped with politics.

        Liked by 4 people

      • Krashman Von Stinkputin says:

        You mean SG …
        The Solicitor General involved in the case.

        And that IS the WHOLE POINT.

        Liked by 4 people

      • muskea says:

        Somebody is about to squash this ‘liddle judge bug’ soon….he’s becoming an embarrassment.

        Liked by 1 person

    • Niagara Frontier says:

      This is so funny. They address Sullivan’s arguments just like a professor would address the arguments of a first year law student.

      Liked by 30 people

    • Rj says:

      And it ends up in the SC in November or when ever the loony bin decides ?

      Like

    • Lee Moore says:

      Another interesting name on the DoJ brief is Jocelyn Ballantine.

      One of Sullivan’s (irrelevant) points in his brief is that the government Motion to Dismiss was signed by Timothy Shea rather than one of line prosecutors who had been representing the DoJ up to now.

      But Jocelyn Ballantine is just such a person.

      That’s gotta sting.

      Liked by 3 people

    • This case will be dismissed by Sullivan under a court order by the Appeals Court. Or else!

      Like

  2. sharon goodson says:

    When you hate each other but accept the election results, you have a country. When you stop accepting election results, you have a countdown to a civil war.

    Liked by 87 people

    • samwise163 says:

      Good comment Sharon – very good

      Liked by 6 people

    • In the Presidential election of 1960, Republican nominee Richard Nixon accepted the result notwithstanding ample evidence that the Depravity Party had manufactured votes in Chicago. In 1968, Nixon ran again and won: The Depravity Party pulled out all the stops to disrupt and destroy his Presidency, which ultimately ended with his resignation during his second term.

      The Depravity Party employed the same tactics to President Ronald Reagan. And they refused to accept the election results of 2000 between Republican George W. Bush and Depravity Party nominee Al Gore. The turmoil through which they put this nation served as a direct, open invitation for Al Qaeda to stage 911.

      2016 was another replay, except that President Obama was prepared to mount an unprecedented, never-ending “Resistance” to the administration of President Donald Trump. The Depravity Party is not a political party in any real sense. It is a multi-national criminal enterprise dedicated to nothing less than the total destruction of the United States of America.

      To date, the Federal government has never been able to mount a successful defense against the domestic enemy in its midst. President Lincoln did his best, but his racist, Depravity Party successor Andrew Johnson snatched defeat from the jaws of victory, allowed Jim Crow to emerge victorious from “Reconstruction.”

      Liked by 26 people

      • Let me suggest the Federal Govt has successfully defended itself from the domestic enemy.
        In the early 1900’s an earlier group of anarchists, from Europe, bombed Wall Street and other business/capitalism icons, and assassinated President McKinley.
        So the Congress cut off the flow of those anarchist “newcomers” from about 1920 until a very bad law was passed in 1965 by Teddy Kennedy et al to bring in the third world. Which gave us Ilhan Omar and AOC, among other problems.
        But the act of creating national unity in the 1920’s helped assimilate millions of the new arrivals. When the alarm bells sounded on December 7, 1941, we were a truly United States, with the ability to literally save the world in 3 1/2 years.

        Liked by 9 people

    • Peter Shaw says:

      Sharon, you are so right. Well said.

      Liked by 2 people

    • regitiger says:

      spot on.

      Like

  3. This is getting exciting!!!!!

    Liked by 7 people

  4. Henry says:

    Now what do I do, Barry, Amy?

    Liked by 13 people

  5. Steve says:

    This sounds like good news for General Flynn

    Liked by 10 people

  6. twingirls says:

    Glenn Greenwald: “Until people start forming beliefs based on evidence rather than the narrative that’s most comforting, our discourse will continue to be toxic trash. (Also, as long as media outlets employ people with a documented history of fabrication & fabulism, the media will be unreliable).”

    Liked by 29 people

    • threethreethreethistime says:

      this is rich coming from Greenwald.

      Liked by 2 people

      • MitchRyderDetroitWheels says:

        Perhaps some people have been pushed further than they wanted. You can be left or right but true Justice has to prevail or you don’t have a rule of law.

        Liked by 13 people

      • Tim says:

        @333 don’t dismiss Glenn Greenwald. Yes, he’s a leftie. But he’s one of the few remaining lefties who is honest; and just like Derschowitz he’s been ostracized from the main herd because he’s consistently blown the garbage media (redundant) narrative to bits. I know many in Conservative camp love to hate on Edward Snowden –due to the false narrative that he somehow endangered people– but as a libertarian Snowden contacted Greenwald to be his channel to shine light on the mass surveillance machine that the Deep State has created to violate everybody’s civil rights. Tucker Carlson has GG on his show frequently for those very reasons … despite that TC and GG are diametrically opposite on probably most other political views.

        Liked by 17 people

        • starfcker says:

          Before you start hoisting Dershowitz on your shoulders, there’s a simple test to apply to any of these frauds. McCarthy, diGenova, Dershowitz, and there are several others. Are they arguing for prosecution’s, or making excuses for Barr. It’s a pass-fail question. We firebombed Dresden for a reason. We firebombed Tokyo for a reason. We didn’t do that in Iraq or Afghanistan. Only one way to win a war. Scorched-earth.

          Liked by 9 people

          • BucketheadBaptist says:

            We firebombed Dresden for a reason.

            But it was a bad reason.

            Liked by 1 person

          • BucketheadBaptist says:

            We firebombed Dresden for a reason.

            But it was a bad reason.

            Liked by 2 people

            • Chuck says:

              I disagree. Even though both Germany and Japan were defeated militarily the war did not end until we took it to the people. One reason we lost in VN is that we insisted on bombing military targets only. If we had destroyed their electrical and water infrastructure and made the peoples life miserable we would have on the war. Muddle headed thinking need not apply here; we need to utterly destroy our enemies.

              Liked by 2 people

          • starfcker- whatever good opinion I had of the odious Dershowitz was blown to smithereens after I saw his interview with Jason Goodman, Crowd Source the Truth.

            In this interview (which shocked me) Dershowitz went full out Stalinist insisting that the government writ large has the absolute right (and duty) to inject us with Corona vaccine, or any other vaccine, regardless of the Constitution. It is really a stunning display coming from someone who was supposed to be a defender of civil rights.

            Liked by 11 people

            • starfcker says:

              That’s the uni-party way, Seneca. Sound reasonable on nine things, and then crush you on the 10th. F#ck Dershowitz.

              Liked by 10 people

            • oldumb says:

              Seneca,

              I understand and agree with you, however dershowitz did say that they could force a vaccine – to prevent spreading a disease and avoiding a pandemic. They could NOT force us to take a vaccine to keep us well. So it is the old “for the greater good” argument.

              I doubt you feel better, but there was that carve out.

              Liked by 8 people

              • Raptors2020 says:

                Dershowitz is an elderly man, probably terrified of catching the Corona.

                We grossly underestimate the human factor, the emotion that dominates human reasoning. Arguments based purely on cold logic are scarce as hen’s teeth.

                It’s why we have nine Supreme Court Justices, not one almighty final arbiter.

                Liked by 4 people

                • willyeye says:

                  I am in my mid-60’s, have underlying conditions, and I am raising three little adopted granddaughters that are all 5 and under. Even though I have some doubts about the Coronavirus even being real, I have to admit: I don’t want to get it. It both scares me that the girls could come home with whatever the hell this virus is and give it to me, and the fact that if it kills me, I won’t be here to finish raising the girls. I will say, even though I feel this way, I refuse to wear a maske for the media.

                  Liked by 8 people

                • mark says:

                  willyeye there’s a place for you in heaven and even though I don’t know your name when I get there?? I’m gonna tell HIM about willyeye but I think he’ll already know.

                  Liked by 4 people

                • spoogels says:

                  As an aside a few links re preventing/treating coronavirus in the early stages

                  1.
                  Doxycycline ( old cheap tetracycline) may prevent progression of early Corona virus infection:

                  Click to access Dox_Covid_pre-print.pdf

                  2.
                  Dr Paul Marik’s protocol for preventing and then treating the various stages of Corona virus: He is at East Virginia Medical School-an intensive specialist:

                  Click to access Marik-Covid-Protocol-Summary.pdf

                  3
                  Just 4 or more hydroxychloroquine doses reduced risk of coronavirus in healthcare workers: ICMR study – India News

                  https://www.indiatoday.in/india/story/4-hydroxychloroquine-hcq-doses-coronavirus-healthcare-workers-icmr-1684112-2020-06-01

                  4
                  Do Dr Mariks prevention protocol (Quercetin is easily available at iHerb and cheap too) and drink Fever Tree tonic water and suck Zinc lozenges

                  Like

          • Perot Conservative says:

            Joe D is arguing for prosecutions.

            FWIW, today he said though Rod Rosenstein is part of the cabal, he doesn’t believe he will be charged. I believe some here thought RR cut a deal w AG Barr in exchange for ending the Mueller wit h hunt.

            Don’t forget: Rod Rosenstein testifies Wednesday!!

            Liked by 3 people

      • Jase says:

        Greenways is a lefty, but he is a real journalist. He doesn’t like or agree with President Trump, but he doesn’t allow his personal opinion to cloud his judgement or reporting of facts.
        He is one of the few reporters to come out of the last theee years with, in my eyes, his reputation for being a seeker of truth intact.
        If I owned a newspaper I’d offer him an awful lot to get him on staff.

        Liked by 7 people

      • oldumb says:

        Don’t miss an opportunity to insult, even when he is right. That is rich.

        Like

      • Krashman Von Stinkputin says:

        Glenn doesn’t need to influence me…..let’s hope he does his followers.
        To take a journey….

        you must take a first step.
        If we can agree on what is a FACT then we can have a discussion.

        And if we can agree or influence……then great!….
        And if we can’t….
        Let’s shake hands and agree to disagree.

        That’s the most we can ask for in a democracy.

        Liked by 3 people

      • oldumb says:

        not missing a chance to insult, even when the guy is right, is rich.

        Like

    • Tom W. says:

      Greenwald is a wimp. He had 1,000s of pages of documents from Snowden he promised to release–until “they” threatened his boyfriend.

      He never released the material.

      Liked by 1 person

      • Krashman Von Stinkputin says:

        After what we just witnessed with the DOJ and FBI….
        (and all their oversees co-conspirators)…..

        would you?
        Maybe that is why he is so keen on telling the truth about these folks.

        Or just ask Julian Assange.

        Liked by 5 people

      • Tim says:

        Pretty big words, Tom. I guess then you will also say that Gen. Flynn is a wimp because he caved to plead guilty to a crime he didn’t commit … in order to protect his son. And of course, if the Derp State told you they were coming after your spouse or child unless you did what they demanded, you would stand tall and let those family members get wiped out? Somehow … I suspect not. Greenwald is a Leftie, but he’s not a wimp.

        Liked by 3 people

      • oldumb says:

        You know this how?

        Liked by 1 person

    • Jederman says:

      It’s not just our discourse that is toxic, our entire culture is on terminal glide to that end. Every institution is corrupt. Schools are a mess and turning out knuckleheads. Most people no longer believe “news” organization. Families are busted. Mass media is crapola appealing to the lowest common denominator rather than stimulating our better selves. Even most of the food pushed on us is lousy. Etc etc, on and on. Where is it coming from? The Left.

      Liked by 7 people

  7. dom elp says:

    Tbere will be no NWO if the USA has the constitution. It would be a New half world order. Democrats were supposed to kill it. They failed because of Trump.

    Liked by 15 people

  8. threethreethreethistime says:

    so can we shut this circus down yet?

    Liked by 1 person

  9. theoldgoat says:

    You would think that Judge Sullivan would pack up his marbles and go home, but somehow I don’t think this “judge” will. He has his marching orders. Either he is driven by some strange belief that the law is only what he says it is, or he is threatened by his puppetmaster in some way that has his putting his career and reputation as risk.

    I wonder how long till we hear the next chapter in this novella?

    Liked by 18 people

    • An says:

      > You would think that Judge Sullivan would pack up his marbles and go home

      I’m pretty sure Sullivan lost his marbles a while ago. He apparently got mad cow Maddow disease from watching her show, that’s how he came up with the “traitor” nonsense.

      Now, he’s making the taxpayers fund his failure to do his job. That’s right, if you read the prior brief, WE are paying for his expensive lawyer to tilt at windmills because he can’t answer why he ruled the way that he did on his own.

      I hope the rebuke is swift and vicious. I’d love to see it quote his own past rulings where he argued against everything he’s doing now.

      Liked by 8 people

    • CMDCMRET says:

      My guess….

      Being blackmailed most likely for pedophelia.

      Liked by 3 people

    • sucesfuloser says:

      He’s suffering under the weight of all those bucks he was promised.

      Liked by 1 person

    • Screaming Eagle says:

      Sullied-Van has been unstable throughout, signaling his masters with unprecedented outbursts and prejudice against the defendant, whenever the case was looking to take a turn.. Then Obama pipes in with the supposed “leaked phone call” right after DOJ drops the case, letting Sullied-Van know, I’ve still got your balz right here in my dirty hands, best you push this out past the election. Even if you look like a damn fool, dancing on a string. Cause if Flynn goes free and starts talkin’, I’m a dead commie walkin’.

      Liked by 4 people

    • InAz says:

      Lawfare is orchestrating the actions by Sullivan.

      Like

  10. When I read these posts and comments from treepers who are in the know on this topic I get the same feeling I got when I tried to hold my brother, our family trustee, to account for breach of his fiduciary duties.
    Every attorney I hired told me it was going to cost a lot of money, and nothing was certain with the outcome. There is no such thing as black and white when it comes to the law, then throw in the mix lawyers with big mortgages to pay and you will get the same feeling I had, my wallet had a heart attack and died.
    I feel for Flynn, his country/government has really let him down, just as did my brother with me.

    Liked by 20 people

    • swampfox999 says:

      This is black and white unfortunately in more ways than one.

      Liked by 7 people

      • starfcker says:

        Most accurate post on this thread, Swampfox.

        Liked by 2 people

        • Raptors2020 says:

          The present organized rioting we’re seeing may have more to do with Obama’s jeopardy than Floyd’s destiny.

          Barr may have had an inkling, as he tried to assuage the ominous forces at work now, that Obama would not be charged by Durham.

          We as conservatives lack the empathy with leftists and blacks to understand their devotion to Obama. The Republicans and Democrats of the 1970s understood the wisdom of letting Nixon be gone and nearly forgotten. Nixon was wise enough to stay out of politics thereafter.

          For the good of the country, we need to let Barack just sink into the dustbin of history.

          Like

        • Tall Texan says:

          Yes, it is…and sadly some Treepers got upset when I started jive-talkin’ Sullivan’s outrageous order, noting he was doing this largely because of his shared skin color with Obama. It is what it is. Time for this country to stop tiptoeing around why the 44th “no scandal” President was never held to any form of standard. It is as you say – black and white.

          Like

    • lotbusyexec says:

      Dougofthenorth – I am so very sorry that your brother let you down. People can do that. Place your trust in the good Lord. We are all just human and have numerous failings. Thankfully, faith can lift us to a better place. Stay strong — you will be rewarded for your strength and unconditional forgiveness. That’s just the way goodness rolls.

      Liked by 14 people

    • gunrunner03 says:

      Right on Doug. Only as much justice as you can afford. Welcome to America!

      Liked by 3 people

    • Danny Mitchell says:

      Whenever you are sued you MUST countersue. You must force the other party to pay for lawyers themselves seperate from any award.

      Like

      • starfcker says:

        Never countersue. You’re just piling up your legal bills on the front side. Limp into depositions as cheaply as possible. If the facts are on your side, you can break them right there. Every time. In Florida we have a wonderful tool called offer of judgment. I don’t know if it’s nationwide or just here. It’s a dagger used properly.

        Like

        • Most countersuits are weak and vengeful and judges know it. If your claim is strong enough on its own, do everything you can to file it as a separate action. The only time you file a counterclaim is where it is stong and you are forced to join it or lose it.

          Like

      • dayallaxeded says:

        “Always” and “never” are terms that one should never use in a litigation context; they will always disappoint. See what I did there?

        Liked by 1 person

      • HoosierDaddy says:

        I agree Danny! I’m no lawyer (I assume many Treepers are), but if you are wrongfully sued, AND you have a case, fight back. I have done this twice, and got one suit dropped immediately, and won 4K in my wife’s bullsh*t non-compete.

        Like

        • HoosierDaddy says:

          Also
          Make them talk to you on the phone, keep track of time… have many questions ready to go to get to their ‘minimum’ phone call time amount (usually 10 mins I think). If you email them, they will bill you for 10 mins of time minimum, and it will take them 1 min to give you a brief yes or no answer sometimes. And you won’t be the wiser until the first invoice (Sorry I hate when people steal from me). Never found an honest lawyer yet. I’m sure they’re out there.

          Liked by 1 person

    • budklatsch says:

      Yes, over the many years I have been both Plaintiff and Defendant in too many civil cases. I learned that legal games go thus. First, your attorney tells you you have an open and shut case, no question about it. Steps have to be taken on the road to adjudication that will be plodding, but in the end, ‘we’ will prevail. Have Faith my man. As the case proceeds, invoices are sent out and duly paid. At some point, one is advised that it may be prudent to negotiate and save court costs, which can run up the already run-up billings. Final offer is generally somewhere between where you thought you would be and far less than you hoped to be. The attorneys do not suffer any loss in the transactions. And I have prevailed in every case.

      Liked by 4 people

    • oldersoul says:

      The first rule of legal practice (told me many decades ago by an old timer): “the client is the enemy”. Lol.

      A really effective attorney is worth every penny. But I’m a little biased.

      Liked by 1 person

    • InAz says:

      @ dougofthenorth

      So sorry you had to go through what you did.
      I have been in your shoes. Some families really suck….mine sure did. And when speaking to people about it, I have been surprised as to how many people have sucky families and have been done dirty by them.

      Liked by 3 people

      • Thanks InAz
        ALL the attys I spoke with said it is the dirty secret of the legal profession. A trust written by an atty, at great expense, so complex it has to be so expensive, due to vagaries, to litigate by attys when integrity is broken, it becomes an industry sustaining nightmare only the attys win.
        A trust may say a trustee may not purchase real assets at less than fair market value, unless of course the trustee is allowed to change the rules. This is a feat our uniparty government is quiet adept at and my brother must have a copy of their manual.
        Anyway, sorry for venting, not only did it cost my inheritance, it cost me my family.
        I am trying to determine when trying to forget about the hurts might feel like forgiveness, as this has really cut me deeply. I can not even begin to understand how Christ felt and for that I grieve this situation.

        Liked by 1 person

        • Patriot1783 says:

          dougofthenorth, More than 20 years ago I had learned the same valuable lesson: some family members are just not healthy to have in your life…better to cut them out and stay away.

          Like

          • daylight58 says:

            Amen. Been 28 years, and of the four sibs and mother, the only reconciliation came with my elder sister just months before her esophageal cancer had come back a fourth time – and, ultimately, took her life.

            Liked by 1 person

      • boogywstew says:

        I’m with you 100%! I am more than surprised, stunned actually, at how many people are surprised that parents can be abusive! It’s like they never read newspapers or watch the news!

        Like

  11. delighteddeplorable says:

    It looks like there’s a vise around his peanuts and the pressure’s getting intense. Perhaps this is the hill he’s willing to die on. Sidney’s ultimate victory will be delicious.

    Liked by 14 people

  12. oldersoul says:

    The issue that Sullivan created transcended the Flynn case.

    A potential for a very bad precedent exists due to Sullivan. A major separation of powers breach. It could resonate for years.

    Barr is protecting the institution of the DOJ here. First and foremost, it is always about the institution with Barr. And it is the correct move, as the primacy of the Executive is at risk. The benefit to Flynn is secondary. Don’t think that Barr is doing this for Flynn.

    It would have been a terminable offense IMO if Barr had not addressed this issue and declined to file a brief with his biggest names. It is that important.

    Liked by 12 people

    • Joebkonobi says:

      Agree. All Sullivan is doing is giving the progs a narrative for as long as possible that Barr’s DOJ is corrupt and Uber-political. Hopefully the DC Circuit court will end this legal charade. Probably the biggest lie ever from a SC Justice is that there are no “Obama” judges. Political bias is rampant in the judicial system.

      Liked by 8 people

      • oldersoul says:

        Judges are people. And it is a very rare person indeed that is without bias of some sort.

        The best jurists exert almost superhuman self control in containing their personal beliefs, and yield them to laws that may contradict them.

        And the most important maxim addressing that tension is: reasonable minds can differ.

        Liked by 2 people

      • Krashman Von Stinkputin says:

        I think you missed “OLDERSOULS” point
        which is
        Barr IS corrupt.

        Oh and Oldersoul didn’t offer up a replacement for the “institution” (DOJ) nor explain why if Barr was protecting the institution….

        he even filed the Motion to Dismiss.
        Which he did not have to do.
        In fact, it would have been easier to protect the institution if he simply hid Jensen’s finding and didn’t do it at all.
        Sullivan would be sentencing Flynn to jail right now.

        Liked by 5 people

  13. HardyBrooks says:

    Lawfare Group has begun writing Sullivan’s obituary for this Friday due to Arkancide poisoning.

    Liked by 2 people

  14. dallasdan says:

    If the justice system was legitimate, reasonable, and fair in its administration, Flynn would have been exonerated weeks ago. It is not, so any actions within it, however bizarre, are possible. JMO

    Liked by 4 people

  15. MitchRyderDetroitWheels says:

    I’m not a smart man Jenny but I…..await whatever it is that Gen Flynn has on the Obama/Clinton Cabal. It has to be major. Why in the hell would they continue down this path on Flynn. Everybody on the planet understands now he was framed from the get go. The left will never admit they’re wrong.

    Liked by 14 people

  16. fred5678 says:

    Two more hammers today!!! In addition to everyday POTUS, both AG and SG — My news absorption meter has pegged at MAX OVERLOAD.

    Need to buy a third flat screen and get more apprentice news staff to watch while I catch up on sleep. Fox/C-SPAN. CNN-enemy channels, and Spacex/NASA .

    Liked by 2 people

  17. CNN_sucks says:

    Emmett has gone mad. I think this guy is hiding something criminal. Let Flynn go.

    Liked by 1 person

  18. I hate to posit this, but I believe it’s entirely possible that Judge Sullivan has such a low IQ that the only way he could have become an attorney and then a judge would have been through the system of affirmative action. How is it possible that a sitting judge does not understand the simple fact that he cannot be the prosecutor, judge and the jury? The only way is if he truly does not and has never understood the tenets of our judicial system. I would venture to say that every case Sullivan has ruled on should be investigated for mishandling and malfeasance. I doubt that the judge is just trying to be sly, I really think he’s just a person with an IQ in the mid 60s. I mean, this should be embarrassing for him.

    Liked by 9 people

    • MitchRyderDetroitWheels says:

      He is being directed no doubt.

      Liked by 6 people

    • Trog Luddite says:

      Old legal saying, those that make A’s make law review; those that make B’s make judges, those that make C’s make money. Of course Sydney Powell was probably on law review and she is definitely making money, so don’t ask me to explain that one.

      Liked by 2 people

    • coolmamie says:

      The past three years have taught me that Dems think they can get away with anything. And with good reason.

      Let’s hope that in this, as in all things regarding justice, they are shocked to find they can’t.

      Liked by 6 people

    • Danny Mitchell says:

      Connections, always connections when it comes to the Washington Corrupt.

      Like

    • Gail says:

      I don’t know if that is true, maybe. But Sidney Powell wrote favorably about him in prior cases because of his stand on the Brady issue. I kept reading about his loco behavior in the Flynn trial and was shocked. There is definitely something fishy going on. Smacks of desperation.

      Liked by 1 person

    • Joebkonobi says:

      He did mostly the right thing in The Senator Ted Stevens fiasco, after the Senator’s political career had been destroyed. However, if IIRC, Weissman was involved in prosecutorial misconduct on that case and should have been held in contempt of court and should have been disbarred, preventing Weismann from continuing to create legal chaos, especially as a proxy for Mueller’s coup attempt.

      Liked by 2 people

    • Trump Derangement Syndrome.

      Heck, Sullivan was probably one of the protestors outside of the White House this weekend lighting stuff on fire.

      Like

    • Trump Derangement Syndrome.

      Heck, Sullivan was probably one of the protestors outside of the White House this weekend lighting stuff on fire.

      Like

    • L4grasshopper says:

      Occam’s Razor……he’s not stupid….he’s incredibly corrupt and biased.

      Liked by 2 people

      • Tall Texan says:

        I respectfully submit Occam’s Razor says all of the above. His line of argument and reasoning is incredibly stupid. So stupid that we all know how and why he became a federal judge despite his lack of understanding basic legal principles.

        Liked by 1 person

    • dayallaxeded says:

      No need to dissemble or “hate” to posit what is an obvious fact. The only way Sulliedvan has survived in his position is b/c he has excellent clerks, who view the position as a stepping stone to a high-paying law firm gig or better position in the DOJ or SG offices. In this case, he went off the rails. His clerk tried to pull him back once after the imroper “treason” comment. That’s probably why he had to hire outside counsel. Clerks couldn’t make an argument for his idiotic position.

      Liked by 3 people

    • boogywstew says:

      Up your estimate to the mid to upper 80s and I could agree with you completely.

      Like

  19. Dude says:

    Sullivan was used to fulfill a political vendetta against Flynn. He can’t come right out and say that. but that’s his angle. He was used and by god he will know the why of it all. He was used, his court was used and he will fight to his last day in office.

    Liked by 4 people

  20. TradeBait says:

    The left has Sullivan for doing the dirty at some point. That guy has been hung out to dry and apparently he had no choice but to play along. No mercy, DOJ and COA. Make this guy rue the day he was born.

    Liked by 3 people

  21. Genie says:

    Poor Judge Sullivan; now wishing he could simply be a constitutional law professor at the University of Chicago, or, at least a community organizer.

    Liked by 7 people

  22. fred5678 says:

    CNN just hauled out retire Bernard Shaw to predict that Democrats will sweep November Senate, House, and WH in a landslide.

    Biden isn’t only one with dementia. Bernie evidently is unaware of massive criminal Deep State now being exposed.

    Liked by 5 people

  23. Jimmy R says:

    Sullivan must have been told to delay the end as long as possible or else something bad would happen to him. “But how long do I have to delay?” “Just delay it as long as you can. We’ll decide whether you did the best you could. But think in months, not weeks. You have a nice night!”

    Nothing else explains his behavior. Ego would have him dismiss the case with a nasty closing statement and then go on to become some sort of celebrity on the left. It’s fear.

    Liked by 2 people

    • Tim says:

      @Jimmy R, yes, it must be fear. Sidney Powell made Sullivan the hero of her book “License to Lie” because of how he took corrupt DOJ prosecutors to the woodshed for their thoroughly disgusting false attacks used to defeat and destroy Sen Ted Stevens (R-AK). The fact that Sullivan once was among the white hats makes such betrayal so much more bitter for us … and must be especially awful for Ms. Powell as Sullivan had been someone she had greatly admired. (Not to mention Gen. Flynn, of course. We can scarcely imagine the insane pressure he was under to not only not cave [much] to the Mueller vendetta pitbulls but also to trust the Covington attorneys who were supposed to be giving him good counsel while those very same scum were selling him out in back-channel deals.) The Derp State must have some ugly blackmail on Sullivan to get him execute their plan to destroy Gen. Flynn… he didn’t use to be this way.

      Liked by 2 people

  24. RJ says:

    “Hey Val, can you believe Sullivan moving the way he did on Flynn? Damn, I am so glad we had him over for dinner last year, what a guy! And Val, do you think our people will go underground if Trump gets Antifa categorized as a terrorist group? At best they are only a JV type of organization!

    Val, have another drink, I want one too. Think Hillary got that case of Chablis we sent? They are still after her over those emails…she needs to be smart here…who do we know that could help her?

    Damn, that new press secretary is one tough woman! We have got to get our media friends to start asking those questions we know will activate our base and our friends at Antifa.

    I am really excited about what we can create in the streets this summer. Wait till we bring our fall campaign to those deplorables. Hey, do we have a copy of the doctors’ reports on the mental health of Joe? God, that guy is really off his rocker, but he is our front guy…”

    Liked by 1 person

  25. Skidroe says:

    I believe Sullivan has been blackmailed by the shadow government ran by Scumbama to delay and stall until the Nov. elections.

    Liked by 1 person

  26. Krashman Von Stinkputin says:

    The SG is making his argument to the lower court.
    The major leaguer is playing down at the minors.

    Very interesting items
    Pg 12
    After returning to the FBI the agents,the agents drafted an FD-302….and continued to revise it thereafter”

    Then several references to “Final 302″

    Have they found the original 302 or confirmed it existed or are they going by Comey’s testimony that he saw it that day (Jan 24)?
    If they have….why haven’t they produced it?

    Pg 14

    An internal Department memorandum indicates that, by late January 2017, the FBI advised the Department that it did not believe that petitioner was acting as a Russian agent
    (Powell had referred to this many times. It was not produced and is now confirmed.)

    When Trump asked Comey…”I hope you can see a way to let this Flynn thing go”
    The “Russian Agent” angle was ALREADY let go.
    It was only a “Logan Act” issue.

    Pg 28-9

    it is Justice Department policy that prosecutions should not be initiated—and thus should not be continued—“unless the attorney for the government believes that the admissible evidence is sufficient to obtain and sustain a guilty verdict by an unbiased trier of fact.”

    The government determined that the foundational evidence of willful falsity would have had major weaknesses at trial in light of the interviewing agents’ own doubts about whether petitioner was lying, the equivocal nature of some of the critical statements in his interview,and SUBSTANTIAL impeaching material for the key witnesses.

    Based on the available evidence…DOJ could NOT prove he lied. Has the DOJ presented all the “impeaching material”?

    Again…..302 questions..

    Liked by 2 people

    • Perot Conservative says:

      Sidney Powell says we still don’t have the first two 302s.

      There was some belief, somewhere, that they’ve also been scrubbed from the IT computer system… which I believe would be a major offense in and of itself. Prima facia fraud & Conspiracy by multiple individuals?

      Liked by 4 people

      • Krashman Von Stinkputin says:

        That’s the point…
        The SG seems to be referring to an original one….the same day.

        I would fathom that the SG wouldn’t bring this up unless he didn’t have an answer.

        Like

        • Sherri Young says:

          I’ve posted this before. It was among the excess papers that Sidney Powell filed a few months ago (January? with the motion to dismiss?). Basically, it is an email from a journalist to Flynn’s Covington & Burling attorneys. The journo asks about a story that McCabe had pressured Pientka to change the 302. Pientka went to the IG and complained. Later, we see Strzok/Page texts about revising the 302 and trying to retain “Joe’s voice”. Sounds like Pientka washed his hands of the 302 and must have filed for whistle blower protection. Rather than cease and desist, McCabe, Strzok, and Page soldiered on.

          My take.

          Liked by 1 person

          • Sherri Young says:

            Please note the date on those emails. They were sent a few weeks AFTER his original attys had him cop the plea.

            Like

          • Krashman Von Stinkputin says:

            Sounds like Pientka washed his hands of the 302 and must have filed for whistle blower protection. Rather than cease and desist
            Interesting.
            If he blew the whistle wouldn’t that be to Horowitz? I would think if Durham is real Pietka would be a cooperating witness and blown the whistle to him.

            Like

            • Sherri Young says:

              As IG, Horowitz is ultimately responsible for whistle blower complaints within the DOJ/FBI.

              This was in January 2018. I don’t think the scope of Durham’s investigation was expanded beyond the criminal leak issues until around April of 2019 after Barr came in.

              If Pientka indeed has received whistle blower protection, he might very well be a cooperating witness. IIRC, whistle blower status is supposed to protect the complainant from reprisal at work. Last we heard of Pientka, he had transferred to the FBI’s San Francisco field office. It fits.

              Pretty stunning stuff. Lets bet there is an indictment waiting for McCabe.

              Liked by 1 person

              • Krashman Von Stinkputin says:

                But..but….but (my best Chris Wallace imitation)

                Horowitz also looked into the predicate for Crossfire Hurricane which included Crossfire Razor (Flynn).
                He said it was:
                “properly predicated”
                If Pientka was a whistle-blower than Horowitz would have known at least the Flynn part was not.

                Liked by 1 person

                • Sherri Young says:

                  At the time of those emails in early 2018, the upcoming IG’s report would have been the Midyear Exam one that was in process at that time. There is nothing relevant that I could find in that one.

                  The next report would have been the one in December about the treatment and data extraction from the phones Strzok and Page were carrying.

                  The Crossfire Hurricane report released almost two years after these emails primarily was focused on the Carter Page FISA application and renewals. The only thing I can find in that report that might or might not refer to this Flynn 302 is in footnote #534 on page 420 in reference to a placeholder page inserted into the Woods file for the Carter Page 2nd renewal.

                  “534 The Woods File for Renewal Application No. 2 contains a piece of paper that states “Strat Plan” and another piece of paper that states “New 302,” “Feb. Article,” and “March Article.” The case agent who compiled the Woods File for this application told us that these pieces of paper were “placeholders” he inserted into the file to indicate to the SSA reviewer that a supporting document existed, but that a copy of it was not placed into the file. ”

                  I am guessing that if the Flynn FD-302 was in any of these IG reports, it probably was shoved off into a classified annex.

                  Liked by 1 person

                • Krashman Von Stinkputin says:

                  Really good work!
                  All I’m saying is that if Pientka filed for Whistleblower status at any time over HIS 302 being falsified…he would have to file that with his IG.
                  Which is Horowitz

                  Liked by 1 person

    • OhNoYouDont says:

      Within this brief the DOJ entered to the Court of Appeals, Edwin Meese decided to become an amici for Michael Flynn.

      —–

      Remarks by President Trump at Presentation of the Medal of Freedom to Edwin Meese
      Issued on: October 8, 2019

      https://www.whitehouse.gov/briefings-statements/remarks-president-trump-presentation-medal-freedom-edwin-meese/

      “In the course of a grueling nomination process, he showed incredible grace and grit. The Democrats tried to derail his nomination, but Ed stayed strong. And after 13 months, he was finally confirmed. That sounds like the kind of things we go through. (Laughter.) “

      Liked by 2 people

  27. LOL

    I TOLD YOU that Sullivan would file a nonsense excuse and would NOT merely grant the motion to dismiss the case against Flynn.

    He didn’t hire an attorney because he wad worried for his OWN sake… he hired an attorney to craft a parseltongued, pretzel logic, document designed to justify the unjustifiable.

    NOW we have to wait for the DC Appeals Court to issue THEIR similarly twisted ruling before this thing can go to the SCOTUS.

    Will John Roberts hose us again!

    Liked by 4 people

  28. Reserved55 says:

    Barr needs to prosecute Sully for violating The Constitution.

    Everyone involved in the OBAMAGATE hoax must also be prosecuted including Congress and the “media”.

    Liked by 2 people

  29. Perot Conservative says:

    You mean, the Solicitor General didn’t have to hire outside counsel to write his brief? s/

    Liked by 5 people

  30. T2020 says:

    BOOM ^2

    Liked by 3 people

  31. Fools Gold says:

    All seems cut and dry but i can’t help but believe Sullivan’s lawyer isn’t gonna argue all of the evidence to judge this case is in the Mueller report and unless all of it including grand jury testimony must be revealed publicly to clear the air so to speak. The judge and his lawyer don’t give a damn about clearing Flynn or charging him. It’s weismann’s documented Trump smear info his team gathered under the Mueller witch hunt these treacherous bastards are after imho. I also think it’s their last hope in getting it. Hope I’m wrong.

    Like

  32. TexanInFL says:

    I think they are so desperate to silence Gen Flynn, they are trying everything.

    Liked by 1 person

  33. Howie_Roak says:

    Most folks are missing Judge Sullivans point — the USDOJ lied in court and forced a defendant to lie in his court

    THAT IS WHAT THIS IS ALL ABOUT — HE AND THE OTHER JUDGES ARE FED UP WITH THE USDOJ LIES — from the brief

    “As recently as January of this year,

    the government maintained those representations.

    And Mr. Flynn repeatedly affirmed his guilt, under oath and penalty of perjury,

    despite being given multiple opportunities to disclaim it.

    It was not until this year that Mr. Flynn, and then the government,

    told the district court that its finding of guilt should be reversed

    and that the government’s prior solemn representations were legally and factually untrue.”

    Like

    • Deplorable_Infidel says:

      “Most folks are missing Judge Sullivans point — the USDOJ lied in court and forced a defendant to lie in his court

      THAT IS WHAT THIS IS ALL ABOUT — HE AND THE OTHER JUDGES ARE FED UP WITH THE USDOJ LIES — from the brief”

      Well wouldn’t the solution be to just dismiss USDOJ cases, when asked by the defendant, on the slightest wiff of malfeasance by the government?

      Instead, we have manipulated contortions of long held judicial proceedures.

      Liked by 1 person

    • Koot Katmando says:

      Well the Judge seems like he is after Flynn not the DOJ? If he should be after the Muller prosecutor team.

      Liked by 1 person

    • dayallaxeded says:

      I wish I could be that charitable to Sulliedvan, but if this were the case, he would have sua sponte order a contempt hearing against the DOJ, then dismissed the case against Flynn, leaving the contempt proceeding in place. That’s what probably should be done to Van AssCrack, but clearly that’s not what Sulliedvan’s all about–he’s apparently acting on orders to keep Flynn in jeopardy through the election season by any means necessary. Fortunately, as has been their MO, the progzis were premature and the effect of their illegal/immoral actions will not be what they wanted them to be when October/November rolls around.

      Liked by 2 people

    • jay says:

      Then the judge should leave the bench, join the prosecutor’s office, and bring appropriate charges. But he cannot multi-task from the bench.

      Liked by 3 people

    • Chip Bennett says:

      And you are missing the point: the remedy for such alleged offenses is not to continue a proceeding in which both parties have agreed to withdraw, and in particular one in which the executive branch has exercised its sole, constitutional authority not to prosecute.

      Like

  34. TradeBait says:

    It is highly unlikely that the SC would take an appeal. There is no “there” there on which to base an appeal of the impending dismissal. So folks don’t need to freak out about that.

    Liked by 1 person

  35. Perot Conservative says:

    Don’t forget: Rod Rosenstein testifies Wednesday!!

    Like

    • Deplorable_Infidel says:

      “Rod Rosenstein testifies Wednesday!!”

      Not holding my breath here. I expect he will take 10 minutes to answer a question that could be answered in 15 seconds, IF the objective was not to obfuscate and run out the clock. He has a lot to answer for.

      Then there is the issue of what he is going to be asked in the first place. If the right questions are not asked, we are not going to get the answers we, the citizens of the Republic, deserve.

      Liked by 2 people

      • cheering4america says:

        I expect to hear the Fifth Amendment pled repeatedly. Because, Rosenstein is really a brilliant attorney; do we expect him to testify to his seditious actions?

        Like

        • Sherri Young says:

          Lindsey and every single democrat on Judiciary will try to help him out. Grassley may show up loaded for bear. Hawley and Blackburn may give him a hard time too.

          Liked by 1 person

          • doofusdawg says:

            Hawley is the loose cannon. That’s why I suggested the one question he has to ask is if Mueller interviewed for fbi position. That answers a lot.

            Like

  36. mazziflol says:

    Seen in Las Vegas at 215 and Durango

    Liked by 13 people

  37. Alli says:

    General Flynn must know a lot about where all the bodies are buried and the squeeze is on Sullivan to make sure he’s not able to pursue. This is going to be more and more interesting and revealing of the deep state as this plays out
    General Flynn must know who all the Obama plants are inside the military and elsewhere. He has to be able to get his hands on the evidence to expose them. God bless you General Flynn!

    Liked by 4 people

  38. Lee Moore says:

    Good to see that the DoJ makes the Article III argument that interpreting Rule 48 to allow Sullivan any discretion would be unconstitutional. There’s been a lot of chatter about the Article II arguments – that prosecution is an exclusively Article II power – but not nearly enough about the even more powerful Article III argument. When there is no longer any case or controversy between the parties, the Article III courts have got no remaining role.

    Liked by 4 people

  39. Baby Hurley says:

    Don’t push the wed button…don’t ever push the wed button…KA-BOOM!!!

    Liked by 1 person

  40. FPCHmom says:

    Good thread –

    Liked by 5 people

  41. cheryl says:

    Please say it’s possible Sullivan can be removed from the bench if he further blocks this dismissal. I’m so tired of Flynn being kicked around by the deep state.

    Liked by 1 person

  42. gsonFIT says:

    So arent we in about the scene where Sullivan should say, “counselors in my chambers right now!”. Or is that just in the movies? In real life the former President sends an open secret message to prosecute for perjury even though everyone wants to go home?

    Liked by 1 person

    • Deplorable_Vespucciland says:

      May be a bit difficult because it appears as though the prosecutors have left the building already. This rogue DCJ would be talking to himself as he thinks he can be judge, prosecutor, jury, and Appeals Court all rolled in one.

      Liked by 2 people

  43. In the Land of Poz says:

    The danger Sidney Powell poses for the FBI is an illustration of the danger Flynn posed to the IC. Too much knowledge of the nuts and bolts, too much exposure to how the sausage is made, too much risk of sunlight.

    One of the advantages for Sullivan in hiring a lawyer is that is covers somewhat for the overweening arrogance of the more outrageous by-any-means-necessary arguments in his motion, by putting them above Beth Wilkinson’s signature instead of his own. “Flynn has recourse other than mandamus” is unbelievably repellent coming from a judge and it might not even be the worst thing in the response.

    Liked by 2 people

  44. jeffsn4 says:

    Ballantine is involved still? Not good.

    Like

  45. The Red Pill says:

    Great news!!!

    The judicial equivalent of a long overdue beatdown!!!

    Like

  46. Richie says:

    So when does the corrupt judge get disbarred?

    Liked by 1 person

  47. MACAULAY says:

    Here is the key language, following both references to two questions supposedly ask and answered during the Flynn Interview:

    “The agents’ handwritten notes do not reflect that question being asked or petitioner’s response…”

    That should do it. Free Flynn. And, by the way, maybe get Strzok indicted.

    Liked by 5 people

  48. peace says:

    Do nice guys finish last? By now, everyone knows about George Floyd. How many Americans know about Michael Flynn? We all comment, yet much remains the same. Maybe it’s time fight for justice too? We need a leader to fight for “liberty and justice for all.” President Trump can not do this alone. We The People need a leader on our side.

    Liked by 2 people

  49. Poor LTG Flynn. How does he sleep at night?

    Like

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