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By the entry of this order they have been disabused of the notion, I hope. Judges Henderson and Rao are saying, "We told you so!"

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The opinion of the majority is a disingenuous as was the majority in NFIB v. Sebelius (the Obamacare decision). Obama/Reid packed the DC circuit for just this result and those appointed weren't going to let their President down. What has happened to the federal judiciary is a travesty. If Biden is elected, what little Trump has been able to undo in 4 years will be reversed in very short order.

Each time a read anything on this case I want to vomit. I used to believe that judges tried to get the law right - I clerked for a Democrat who did just that. We would sit in chambers talking about law for hours. He wanted his decisions to be legally correct, not ideologically. That was my view of the judiciary - trying to get it right (for the most part). That's simply not the case. And what's so infuriating about it is we aren't talking about a government program - we are talking about the liberty of a politically targeted patriot. It's simply disgusting.

The sad part here, if Trump isn't re-elected, he will have to pardon Flynn in January and Sullivan will have won.

WTF is there to talk about at this point Sullivan? There is no longer a case, so F'ing drop it.

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What would Sullivan do if the US Attorneys withdrew and Barr refused to name anyone to take their place.

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Deny the motion for lack of prosecution by DOJ. Fail to show up for his dog and pony show? Motion fails.

aggiehawg said:

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What would Sullivan do if the US Attorneys withdrew and Barr refused to name anyone to take their place.

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Deny the motion for lack of prosecution by DOJ. Fail to show up for his dog and pony show? Motion fails

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No one is authorized to act on behalf of the United States with respect to this prosecution. Barr refuses to authorize anyone. Doesn't the case have to be dismissed at that point?

RulesForTheNotForMe said:

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WTF is there to talk about at this point Sullivan? There is no longer a case, so F'ing drop it.

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He still wants to entertain the idea of holding Flynn in contempt. But he wants outside cover with the amicus briefs trying to justify with tenuous legal reasoning (the only kind LawFare lawyers seem to know) to do what he has already decided he was going to do.

Really lost faith over our "system". Doesn't bode well for the future.

Patentmike said:

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aggiehawg said:

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What would Sullivan do if the US Attorneys withdrew and Barr refused to name anyone to take their place.

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Deny the motion for lack of prosecution by DOJ. Fail to show up for his dog and pony show? Motion fails

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No one is authorized to act on behalf of the United States with respect to this prosecution. Barr refuses to authorize anyone. Doesn't the case have to be dismissed at that point?

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Only if an appellate court directs that it is. It will just remain in limbo under those circumstances.

Can Congress impeach this ******* Sullivan? I mean I realize that it won't happen until January if at all given that the House is in the hands of the lunatics, but should the good guys re-take the House and keep the Senate, the House should drop the hammer on this guy like yesterday.

pagerman @ work said:

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Can Congress impeach this ******* Sullivan? I mean I realize that it won't happen until January if at all given that the House is in the hands of the lunatics, but should the good guys re-take the House and keep the Senate, the House should drop the hammer on this guy like yesterday.

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In theory yes, he can be impeached and removed from the court. Then he gets to run for Congress like Alcee Hastings did.

If Barr is sitting on a stack of evidence of prosecutorial misconduct, now would be a good time to release it

You're assuming these same 7 judges didn't get suckered on purpose (I know, conspiracy theory).

Point being, I'm not sure they're going to care when they find out. However, in your legal world, meaning the judge/lawyer community, it may be a very big deal.

FWIW, I just whined to Cornyn's office in DC. Couldn't really say anything of value except Sullivan's actions haven't been like this for 37 years, and he was the hero of Powell's book in 2011, so something appears to have changed in a very, very, big way.

Don't have a whole lot of proof otherwise.

fasthorse05 said:

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You're assuming these same 7 judges didn't get suckered on purpose (I know, conspiracy theory).

Point being, I'm not sure they're going to care when they find out. However, in your legal world, meaning the judge/lawyer community, it may be a very big deal.

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The federal bench at all levels is very clubby and cliqueish. Believe me, this is making the rounds today.

redline248 said:

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Random question: y'all have been updating the thread with legal opinions that align with most of our conservative views on this Flynn nonsense. Are there actual legal pros who think what has happened is the right way the case should be unfolding? Or is it all anti Trump bias?

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I am a lawyer, I support Flynn and think that Sullivan is acting like an idiot. I am also of the opinion that Flynn has an adequate remedy at law and mandamus was not appropriate. Powell is a much better litigator than I am, but I would have waited for Sullivan to play out his hand at the trial level, then appeal if he denies the Motion to Dismiss.

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I am a lawyer, I support Flynn and think that Sullivan is acting like an idiot. I am also of the opinion that Flynn has an adequate remedy at law and mandamus was not appropriate. Powell is a much better litigator than I am, but I would have waited for Sullivan to play out his hand at the trial level, then appeal if he denies the Motion to Dismiss.

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Do you agree with Sullivan's open invitation for unlimited amici briefs too? Because that's what prompted the petition for the writ, in my view.

aggiehawg said:

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I am a lawyer, I support Flynn and think that Sullivan is acting like an idiot. I am also of the opinion that Flynn has an adequate remedy at law and mandamus was not appropriate. Powell is a much better litigator than I am, but I would have waited for Sullivan to play out his hand at the trial level, then appeal if he denies the Motion to Dismiss.

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Do you agree with Sullivan's open invitation for unlimited amici briefs too? Because that's what prompted the petition for the writ, in my view.

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I would have to go back and look at the specific legal arguments on that specific issue to give and opinion. Even so, regardless of whether amici are permitted, the remedy at law is to await Sullivan's order and appeal that order.

Rockdoc said:

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Really lost faith over our "system". Doesn't bode well for the future.

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You're not alone.

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If Biden is elected counted the winner, what little Trump has been able to undo in 4 years will be reversed in very short order.

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I really didn't believe the Dems could successfully steal this election, and still don't assuming our side is aware, and has competent people in charge. But, after the Georgia decision yesterday, I'm not so sure.

I too believed Dem judges wanted to get it right, but now, I feel like 100% of them are party over law. That's a horrible way to look at our country, but actions point in that direction.

Honestly, I suspect there are some Dem judges, unlike Wilkins who are going to inject race into each decision, or Millet who's appears to be a legal basket case, that realize what bad conduct this is. Lastly, there's the coercion by black mail, which we have zero proof of.

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I am a lawyer, I support Flynn and think that Sullivan is acting like an idiot. I am also of the opinion that Flynn has an adequate remedy at law and mandamus was not appropriate. Powell is a much better litigator than I am, but I would have waited for Sullivan to play out his hand at the trial level, then appeal if he denies the Motion to Dismiss.

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Echoing Hawg - it was clear that Sullivan was trying to get past the election. Without Mandamus, we'd be right where we are now.

To pivot. Barr doing work. Hope Wray or the next FBI Director pay attention.

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The Justice Department on Tuesday unveiled new rules to limit the government surveillance of political candidates and those affiliated with their campaigns, a move to prevent future FBI surveillance abuses, which President Trump's allies say occurred in the Russia election conspiracy investigation.

Attorney General William P. Barr issued two memos outlining a host of stringent new requirements for FBI and Justice Department officials dealing with sensitive political investigations.

Under the new rules, the FBI and Justice Department must discuss warning a political candidate, any member of their staff or advisers that they could be a target of foreign interference before seeking a warrant under the Foreign Intelligence Surveillance Act.

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If officials decide not to give a warning, the FBI director must outline in writing the reasons for keeping the warrant application quiet.

The new rules also require immediate notification of the Foreign Intelligence Surveillance Court (FISC) if any misstatements or omissions are discovered in a FISA application.

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Mr. Barr also created an internal watchdog to audit the FBI's compliance with FISA regulations. The unit, dubbed the Office of Internal Auditing, will help the FBI overcome gaps in its ability to monitor FISA applications before they are submitted to the court.

"FISA is a critical tool to ensuring the safety and security of Americans, particularly when it comes to fighting terrorism," Mr. Barr said in a statement. "However, the American people must have confidence that the United States Government will exercise its surveillance authorities in a manner that protects the civil liberties of Americans, avoids interference in the political process, and complies with the Constitution and laws of the United States."

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LINK

https://www.redstate.com/shipwreckedcrew/2020/09/01/judge-sullivan-playing-games-with-calendaring-new-proceedings-in-general-flynn-case/

Interesting read. Recommendations for Powell/DOJ.

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If DOJ seeks to have this matter terminated, it needs to be prepared with its own Mandamus Petition ready to be filed on 24 hours notice. But it needs to be responsive to something Judge Sullivan does that is not in conformance with the directions given by the Circuit Court.

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And therein lies the problem. My reading of DC Circuit opinion is that Sullivan wasn't given any directions, just expectations and assumptions based solely upon the (false) representations of his counsel. Huge difference.

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The original Woods file on former campaign advisor Carter Page went missing more than two years ago, and according to sources who spoke to SaraACarter.com, those documents had to be recreated by the FBI and former Special Counsel Robert Mueller's team in 2018 from the Foreign Intelligence Surveillance Application used by the bureau to obtain the warrant on Page. That FISA was used in part to investigate President Donald Trump's campaign and the now-debunked theory that it colluded with Russia during the 2016 election, according to several sources, with knowledge, who spoke to this reporter.

The woods file procedure, which was overseen by FBI Supervisory Special Agent Joe Pientka, and ultimately former FBI Deputy Assistant Director Peter Strzok, was used to verify the contents in the Foreign Intelligence Surveillance Act application that was used to obtain a warrant to spy on Page.

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LINK

aggiehawg said:

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If DOJ seeks to have this matter terminated, it needs to be prepared with its own Mandamus Petition ready to be filed on 24 hours notice. But it needs to be responsive to something Judge Sullivan does that is not in conformance with the directions given by the Circuit Court.

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And therein lies the problem. My reading of DC Circuit opinion is that Sullivan wasn't given any directions, just expectations and assumptions based solely upon the (false) representations of his counsel. Huge difference.

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They did say "appropriate dispatch" and this order is a pretty big middle finger to that instruction.

I do like shipwrecked's plan.

More.

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Moreover, during Pientka's numerous interviews with investigators from the DOJ's Inspector General's office, who likely have worked for both Michael Horowitz and Connecticut prosecutor John Durham the fact that it was a recreated Wood's file was never disclosed.

In fact, it had been missing for an unknown period of time, possibly up to two years and officials did not become aware it had disappeared until last week during a closed-door Senate Intelligence Committee hearing.

Pientka attended the closed-door hearing, along with other FBI officials, according to sources familiar with the proceedings.

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"The real story here is how does the FBI, Special Counsel's Office and Inspector General figure out if the Wood's file went missing through malice or through incompetence," said a source with knowledge if the circumstances.

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They did say "appropriate dispatch" and this order is a pretty big middle finger to that instruction.

I do like shipwrecked's plan.

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They said they "expected" he would act with appropriate dispatch. That's not an order.

An order says, "We direct that Judge Sullivan act with dispatch to finally resolve this matter."

aggiehawg said:

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Quote:

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They did say "appropriate dispatch" and this order is a pretty big middle finger to that instruction.

I do like shipwrecked's plan.

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They said they "expected" he would act with appropriate dispatch. That's not an order.

An order says, "We direct that Judge Sullivan act with dispatch to finally resolve this matter."

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No doubt it wasn't an order, but they can't like him giving them an FO like this.

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No doubt it wasn't an order, but they can't like him giving them an FO like this.

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And it's the second time he has given them the finger. His petition for rehearing was full of Greta Thunberg screaming, "How dare you!" tell me what to do! Uhmm, they are your superior court, judge, it's their job to tell you what to do when you screw up.

Time for Horowitz to ride in and save the day with a sternly worded "Nothing to see here - shame fellas, you need to follow procedures and use daily backups".

WTF does every liberal scandal ultimately end with:

• The hard drives failed and we shipped the remains of the hard drives to the sun...last week.
• Bleachbit fell on the server and we shipped the server remains to the sun....last week.
• The original 302s were mislabeled and shipped to the sun...they're on to our reindeer games... 2 years ago.
• An unknown number of critical papers fell in the shipments to the sun...they're on to our reindeer games... 2 years ago.

Garrelli 5000 said:

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Time for Horowitz to ride in and save the day with a sternly worded "Nothing to see here - shame fellas, you need to follow procedures and use daily backups".

WTF does every liberal scandal ultimately end with:

• The hard drives failed and we shipped the remains of the hard drives to the sun...last week.
• Bleachbit fell on the server and we shipped the server remains to the sun....last week.
• The original 302s were mislabeled and shipped to the sun...they're on to our reindeer games... 2 years ago.
• An unknown number of critical papers fell in the shipments to the sun...they're on to our reindeer games... 2 years ago.

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The real lie here? There was never a true Woods Procedure file to start with. That's my take. Carter Page's original FISA application was completely out of the normal chain of command and process. It was handled by a very small cadre of fellow travelers, cutting other people out of the process. People like Trisha Anderson received her portion with the signatures already done. In her normal capacity, she would review and then raise it to the higher levels for their signatures. If they were already signed and approved, there was little for her to do.

(FTR: Not defending Trisha here. She should have vocally raised the issue and sounded the alarm instead of acquiescing to her bosses silently.)

Garrelli 5000 said:

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Time for Horowitz to ride in and save the day with a sternly worded "Nothing to see here - shame fellas, you need to follow procedures and use daily backups".

WTF does every liberal scandal ultimately end with:

• The hard drives failed and we shipped the remains of the hard drives to the sun...last week.
• Bleachbit fell on the server and we shipped the server remains to the sun....last week.
• The original 302s were mislabeled and shipped to the sun...they're on to our reindeer games... 2 years ago.
• An unknown number of critical papers fell in the shipments to the sun...they're on to our reindeer games... 2 years ago.

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easy. because they keep getting away with it.

If you are right that there never was a woods file and team mueller created one after the fact, that seems like sort of a big deal.

captkirk said:

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If you are right that there never was a woods file and team mueller created one after the fact, that seems like sort of a big deal.

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I said a true Woods File wherein everything was verified. The sole basis for the FISA was the Steele Dossier but they couldn't say that because they couldn't verify it. That's where the circular sourcing came in with Steele and others planting stories in the media and then using those fake news stories as corroboration/verification. Using that type of subterfuge alone strongly indicates there was never a true Woods file that followed those procedures.

It didn't "go missing" it wasn't "incompetence" Team Mueller got caught and had to cover it up and repeatedly lied about it That's what my spidey senses are telling me.

Professor Cleveland's take on the DC Circuit opinion. Spoiler Alert: She's not a fan.

LINK

What happens if both the prosecution and defense declined to participate in said trial? Judge calls it contempt and orders arrests or whatever they can do....and then nobody enforces those orders.

Personally, I would love to see Flynn go full Roger Stone and just tell everything he knows.

Sullivan needs to be ignored to the highest degree. Worst thing you can do to a Prima Donna.