READ: Judge Told He Should Sentence Flynn, Deny Request To Dismiss Case | Talking Points Memo

[mec]

Any word on the release of his taxes?

[mondfledermaus]

She has to. She really does.

Otherwise, we will have to expand the SCOTUS to 13 instead of just to 11.

[emiliano4]

I am a master at keeping a straight face. Very helpful when I am approached by conspiracy theorists.

[tena]

I can do that too. It’s helpful in Taos. hahahahaha

(Taos is full of old hippies, anarchists and leftwing thinkers who are also a little colorful in some of what they believe. They say Keep the Weird in Austin? ha! )

[wesmontgomery]

Thank you for helping me figure out who Barr reminds me of! “Wilma!” Very funny! Appreciate the opportunity to laugh.

[castor_troy]

I am a master at keeping a straight face.

That’s why Hillary keeps paying you to post on the boards, as she knows people will take what you say seriously.

[mec]

Why not name her Veep and give her a project?

[sparrowhawk]

She has to. She really does.

Otherwise, we will have to expand the SCOTUS to 13 instead of just to 11.

I don’t see any reason that has to be an either/or proposition. We need more people on the court, regardless. We need more than a majority of 9 opinions deciding the fates of millions.

[cabchi]

I think Sullivan has been doing the right thing and that the DC Circuit will uphold him, even if this appellate panel doesn’t. But this article so totally misunderstands what is happening, it’s really misleading.

Gleason did not direct Sullivan to proceed. Gleason had no authority to do that. Rather, Gleason submitted an amicus brief to the appellate court arguing that the appellate panel should uphold Sullivan. I’m pretty sure there will be more amicus briefs before this is all over. Sullivan has hired his own lawyer to make the case for him.

[castor_troy]

We need more than a majority of 9 opinions deciding the fates of millions.

And we really need to figure out how the fuck to have the opinions which count not all come from the fucking Ivy Leagues.

https://www.washingtonpost.com/news/answer-sheet/wp/2018/07/10/the-cloistered-harvard-yale-law-monopoly-on-the-supreme-court/

[cervantes]

My legal analysis as a 34 year bus driver:
That’s just an old fashioned curb stomping.

It is, with one modification: Unlike old-fashioned legal documents, this one’s written mostly in plain English.

Perhaps needless to say, this was deliberate on the part of Judge Gleeson and his attorneys, so that the document would be as widely accessible as possible.

And on the merits: As noted previously, to disallow Barr’s request Judge Sullivan had to do a fair bit of work to make the case:

Pence: I’d ‘Be Happy’ To Have Flynn Back In Trump Administration

In this case, Judge Sullivan, who is mightily annoyed at Flynn, has a little room to maneuver, but not much. If he wants to reject aggressively the DOJ’s motion to dismiss – that is, if he wants to suggest openly that the the DOJ is acting in bad faith (which it is) – he will have to do a fair amount of work arguing against precedent that would otherwise be controlling.

Judge Gleeson’s brief does all the work I alluded to.

Which doesn’t mean it will ultimately succeed – but if it fails we’ll know why.

[tomanthony]

Convicted, he has a criminal record, and that might mean loss of shine and loss of income.
Donald Trump wants law and order; the American people demand it for Michael Flynn.

[carolson]

A “friend” has told him not to? With the initials V.P.?

[emiliano4]

From what I have gathered, Northern MN is a very beautiful area. In a sense, both you and @darrtown share states which combine rugged, forested mountain/plateau areas and arid sectors.

I

[not_so_fluffy]

Flynn should be able to telecommute from his jail…

[hassler]

Looking more like Bunker Boi will need to remedy this very unfair decision himself.

[tena]

O I agree with that too. I would love to see us add justices and straighten out that mess.

[zlohcuc]

Citing “the Judiciary’s independent interest in the integrity of its own proceedings and the need to protect the public from gross abuses of prosecutorial discretion,” Gleeson argued that Sullivan had the authority to reject the motion to dismiss, and should do so.

This is precisely what would happen if any of us were in Flynn’s position…clearly guilty and pleading so would land us in prison…Barr’s horrendous idea of American justice has set the stage for something Unrecognizable to most of us.

[emiliano4]

During exam time, if I wanted to engage in sadism, I probably would have been taken into custody.

Imagine a C- student coming into my Office in April.

[paul_lukasiak]

I’ve read it, and its very good.

I suspect that it was written in coordination with Wilkinson (who did the brief submitted on Sullivans behalf to the Appeals panel hearing the mandamus request). Wilkinson questioned almost exclusively on questions of law (i.e. why its inappropriate for the appeals court to issue a mandamus order at this point in the proceedings).

While Gleeson also does legal analysis, the heart of his brief is the complete destruction of the lies and distortions advanced by Barr & Co in their request that the case be dropped. My best guess is that Sullivan will file it with the appeals court as an “informational” document – stating that the brief is proof that there are sufficient issues that need to be decided on the District Court level to completely rule out any question of “mandamus”.