The Flynn Dismissal Fiasco Has Somehow Gotten Even Messier | Talking Points Memo

The abstract:

Why Do Rule 48(a) Dismissals Require “Leave of Court”?.

Cc @j.dave @dryheat

4 Likes

Meh, two lawyers who are not parties in the proceedings waxing whimsically about what Sullivan should/should not do, something, something…

Turley makes some good points about Litman’s arguments, but those are Litman’s thoughts on the matter at hand, not Judge Sullivan’s. Turley also fails to recognize that the prosecution had rested, meaning, the prosecution phase ended and a conviction was secure. Judge Sullivan is not prosecuting the case, he is pondering the sentence he should hand a convicted offender.

This “oversight” allows Turley to ignore the fact that the DOJ has ABANDONED a case during the sentencing portion of the proceedings. The adversarial nature of criminal proceedings demand two opposing voices, thus amici.

3 Likes

Morbidly girthier one might add? Double morbidily girthier considering who all is involved?

2 Likes

Earlier this week, Flynn filed a petition with the appeals court asking the court to reverse the invitation for the amicus briefing and to order Sullivan to dismiss the case. Flynn also wants the appeals court to reassign the case to another judge for all other district court proceedings.

Flynn is contradicting himself again.

The Appeal’s court should deny these requests from Flynn until Sullivan finishes. There is no need for them to intervene yet and humoring these requests from Flynn is just enabling abuse of judicial procedures.

8 Likes

Donner.

Live by the Trump…

2 Likes

White privilege.

2 Likes

It will be Klobuchar. He promised it to her so she would drop out and he could consolidate the centrist primary vote. We’ll have to wait and see what he promised Mayor Pete.

1 Like

Flynn also wants the appeals court to…

And wrap it up inna pretty bow. Dat would be a very nice touch too, judge. Oh, and restitution. I coulda made a lot of money before this injustice you made me do.

2 Likes

From the link:

One [survey ]released this week showed McSally trailing Kelly by 13 points.

I think Mark Kelly will romp all over the Senator!

1 Like

Yeah. I don’t know how I missed that.

1 Like

It’s the pandemic stupid. Well that’s all I’ve got.

1 Like

Die by the tweet?
Go to jail?

For the appeals panel to ask Sullivan to respond is perfectly normal in this admittedly totally abnormal situation. We have an adversarial system, and the court always wants to hear both sides. I suspect that a highly regarded Washington lawyer will file the brief on Sullivan’s behalf. Once the panel gets Sullivans brief, it may even decide to have a hearing, which, again, would be normal procedure but applied in a very abnormal situation.

Having done all this, my best guess is that the panel will rule against Flynn, either 2-1 or unanimously. I believe Rao is smart enough to not want to destroy her reputation with her judicial colleagues over this. The idea that the appeals court would throw one of its most highly respected trial judges to the dogs is really remote. Not impossible, but unlikely. If the panel did rule to remove Sullivan, the full court would absolutely reverse the panel if Sullivan sought the full court’s review

7 Likes

From the blog post:
“Now we have hedge fund chief Ricky Sandler, CEO of Eminence Capital, who has announced that America needs to get behind herd immunity.”

Lets us indulge some simple math that this hedge fund guy ought to be able to absorb easily since his business should be big numbers.
There are 330,000,000 Americans approximately.
A “herd immunity” would require in theory about 70% infection rate. That’s 231,000,000 infections.
Of those 231 million people about 2% (4,620,000) to 5% (11,550,000) will die. These numbers would utterly overwhelm our healthcare system not to mention our whole economy and political systems. Apparently this brilliant hedge fund genius has not thought his pet “Herd Immunity” idea through. And these numbers would be on top of all the other reasons Americans die or get sick. Note: I did not even broach the part about those millions of people who get covid-19 and require a stay in the hospital but then recover and go home or the many millions who don’t seek a doctor or the healthcare system but who miss work.
This fellow seems to think covid disease is not a big deal. He should take a look around himself, his neighborhood, his city or town. He needs to look at our businesses that are closed, our working people who have lost jobs and we aren’t close to his version of “immunity”. We don’t even know if immunity is acquired after infection or if it is how long it will last.
The only real way out of this mess, beyond getting competent leadership in Washington, is a safe and effective immunity producing vaccine. We don’t have that yet.

10 Likes

It’s so cute when hedge fund CEO’s think they know things about stuff.

6 Likes

Cute wasn’t the adjective that came to my mind. Exasperating, insulting, maybe demented (deminted?), but not cute.

2 Likes

Even Sweden hasn’t come close to “herd immunity” and they never locked down. Instead of 70% of the population having been infected it’s about the same as everywhere else - about 10 times less - 7%.

“Herd Immunity” is bullshit. It’s a way of saying “Kill off the people who are too weak to survive it.”

13 Likes

Not to mention bankrupting a lot of the people who DO recover after 2 weeks in ICU. I recently rang up about 40k with a Thu Midnight to Sat afternoon unexpected stay and that was not in ICU. Not even 2 full days. Insurance covered the majority of it, but what if you have bad insurance, no insurance, or your insurance boots you in the clutch? Also, a very very sad and under or non-reported aspect…many folks who die of COVID leave their family with no breadwinner and no insurance.

10 Likes

And we don’t yet have an inkling of how many will require long-term care for kidney failure or neurological damage or continuing respiratory ailments.

6 Likes