Representative Jim Jordan gives his perspective and analysis on the passing of Supreme Court Justice Ruth Bader Ginsburg and his thoughts on her replacement.  Additionally, Jordan discusses the ongoing material in the background of the Durham probe and the potential for investigative findings to surface prior to the election.

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The SCOTUS pick will be important not just for long-term legal direction, but also for anticipated legal challenges likely to surround ballots, dates, votes and the 2020 election.

Challenges to recent ballot decisions in Pennsylvania and Michigan will likely fast-track to the Supreme Court.  Any 4-4 tie vote in SCOTUS means the lower court ruling will stand.  As expected this is shaping up to be a very interesting election year…

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The death of supreme court Justice Ruth Bader Ginsburg was announced while President Trump was holding a campaign rally.

At the conclusion of the rally President Trump approached the media and found out for the first time that Justice Ginsburg had passed.  This was his immediate reaction:

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As anticipated Judge Sullivan’s court appointed amicus, John Gleeson, a special directive prosecutor appointed by the court, files his brief today [pdf here] arguing the DOJ is attempting to corrupt the court by filing an unopposed motion to dismiss.

The amicus filing itself is based on the severe anti-Flynn sentiment carried by the Lawfare community and their allies in the DC network.  Accordingly, Gleeson having presented himself as a member of this resistance effort, pontificates shallow conspiracy theories about the DOJ bending to political pressure in their decision to drop the case.

As defense attorney Sidney Powell previously shared: …”The defense and the government have agreed we will file no further briefs at all after amicus files whatever diatribe he plans to file. The only document that matters is the government’s motion to dismiss, which stands on its own and must be granted under ALL precedent. Everything amicus files is improper and should even be stricken–were the law being followed.”

It is unknown what Judge Sullivan plans to do with this amicus brief; however, the scheduled hearing for oral argument before the court is September 29th.

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Michael Flynn defense attorney Sidney Powell appears for an interview with Liz MacDonald to discuss the developments in the Flynn case (note: Sullivan’s court appointed amicus response brief is due tomorrow), and the background information recently highlighted.  As you review this interview, retain the 30,000/ft perspective.

Ms. Powell also discusses the Weissmann/Mueller special counsel erasing evidence by wiping phones and hiding evidence of their corrupt activity.  Additionally, Liz Mac circles back to the 2017 FISA report by Rosemary Collyer to support the most recent 2019 opinion filed by the FISA court showing the NSA database search abuse is ongoing.

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(1) We know to a demonstrable certainty the special counsel took apart the FBI investigative file of Washington Field Office Supervisory Special Agent Brian Dugan in order to protect their corrupt investigation and the collaborative effort of the Senate Intelligence Committee.  And Durham/Aldenberg knows that we know.

(2) We also know with a high degree of certainty the special counsel created a missing Woods File for the Carter Page application when the IG started sniffing around and announced his intent to review the four FISA applications. And Durham/Aldenberg knows that we have strong, very strong, evidence pointing in that direction.

(3) And now today we discover the same special counsel team destroyed their iPhones in an effort to cover their tracks.  These three events all happened within an almost identical time-frame.  C‘mon man… this is not coincidental.

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Earlier today President Donald Trump held a press availability to announce the list of names he would use to select the next Supreme Court nominee. [List Follows Transcript]  Additionally, President Trump delivered remarks on his response to COVID-19.

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[Transcript] – THE PRESIDENT: Thank you very much, my fellow Americans. Apart from matters of war and peace, the nomination of a Supreme Court justice is the most important decision an American President can make. For this reason, candidates for President owe the American people a specific list of the individuals they consider for the United States Supreme Court.

Four years ago, I announced my first list of highly qualified candidates and promised to fill Justice Scalia’s vacant seat from among — from among those names.

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The DOJ and Michael Flynn defense attorney Sidney Powell have filed a joint status report and motion for expedited hearing with Judge Emmet Sullivan. [pdf available here] According to the filing the DOJ and defense have conferred with the Sullivan appointed amicus (Gleeson) who will respond to the motion to dismiss by September 11th.

Following the Sept. 11th amicus briefing, the DOJ and defense will jointly respond and that should end the need for further briefings and replies. As a consequence the proposed date for court appearance, and hopeful final disposition, are: Sept: 23, 24, 28, 29.

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The minute order filed by Judge Emmet Sullivan outlines a protracted time-frame for the next sequence of events in the case against Lt. Gen. Michael Flynn:

As noted in the order, Sullivan is now telling the DOJ and Flynn defense to file a joint status report outlining their “recommendation for further proceedings” by September 21, 2020.  From there a briefing schedule which will require both parties to respond to Sullivan’s personal amicus (Gleeson), and additionally respond jointly to any other amicus not ordered by the court.   Lastly, Sullivan is requesting three dates for oral arguments.

In essence, despite his ability to quickly convene the parties to settle all matters before the court; which includes the unopposed motion by the DOJ and defense to drop the case; Sullivan intends to drag this case out as long as possible and use the amicus as a tool forcing responses from both parties (DOJ and Flynn).  So much for the “quick dispatch” outlined within the DC Circuit opinion, this case is going on for several more months.

Expressing the righteous indignation that many political observers feel today, Fox host Lou Dobbs interviews Michael Flynn’s defense attorney Sidney Powell.

As Ms. Powell rightly notes: “We’ll keep it going until they get it right”… and indeed she will. We should all be as fortunate to have such defense in our corner when targeted by the full weight of the administrative state. :::spit:::

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In November 2019 activist Federal District Court Judge Ketanji Brown Jackson ruled former White House counsel Don McGahn must appear before Congress; however, she also ruled McGahn retained the ability to “invoke executive privilege where appropriate” during his appearance. The central issue is separation of power.

The White House appealed the ruling to the DC appellate court on constitutional grounds, and on February 28, 2020, a three judge panel from the DC circuit agreed with the White House position.  The House of representatives could have appealed the decision; however, instead, the main lawfare activist, House counsel Doug Letter, took a different approach and sought to argue the case based around their right to enforce a subpoena.

Today a politically divided DC appeals court panel ruled the House can’t go to the judicial branch to enforce legislative subpoenas because there is no statute giving the legislative chamber the authority to force the executive branch to enforce an action against its own constitutional interests.

DC Via Politico – […] “The decision is likely to spark a renewed debate over the House’s power of “inherent contempt” — its long-dormant ability to fine or jail witnesses who refuse to comply with its oversight requests.

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I have a standing rule never to write about current events in a state of anger; forgive me for violating my own standard… this is infuriating (albeit not unexpected).  The two-tiered judicial process to target a ‘transparently innocent’ man continues.  [Links Below]

As anticipated, on the last day prior to DC Circuit Judge Griffith departure, the DC en banc panel has rejected the Flynn writ of mandamus and now sends the case back to Judge Emmet Sullivan for final disposition.  One way of looking at this is the DC circuit attempting to save face for Judge Sullivan by granting him the ability to do the right thing.

Another way of looking at this is a judicial stall tactic allowing the case to drag on even further until after the election.  [60-page ruling pdf here – also available here]

As expected the majority of the panel hung their argument on the fact that Judge Sullivan had not yet ruled prior to the request for the writ of mandamus; and as an outcome Sullivan should be allowed to reach final disposition.  As noted: “we expect the District Court to proceed with appropriate dispatch“…

The unopposed motion to dismiss the case against Michael Flynn is now back in the court of presiding Judge Emmet Sullivan.

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