SexyAg said:

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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.

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LeisureSuitLarry said:

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When I first got out of law school, I was shocked how political district court judges were. Didn't matter if all evidence and facts were on your side, if your opponent was representing the mayor's son, you were bound to lose.
Of course, you would win on the appellate level, and mayor's son could say, "District Judge took care of me but I was screwed by court of appeals. District Judge knew this and this was his way of securing support for his re-election.
I always found Federal court a more level playing field. But, apparently that has changed.

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Instead, Sullivan is dragging the case out. His directive today (known as a "minute order"), anticipates that in three weeks (by September 21) Flynn and the Justice Department will submit a joint status report. The judge intimates that this three-week delay is required due to a Circuit rule that orders denying mandamus do not become effective for 21 days unless some accelerating action is taken. But this is sheer gamesmanship. Nothing prevents the judge from acting on the case now. (In fact, he took action while the mandamus litigation was ongoing.) Judge Sullivan knows the parties would not object; they want a quick resolution.

And the court doesn't need a status report. Sullivan knows the status of the Flynn case like the back of his hand. The Justice Department has moved to dismiss, Flynn concurs in that motion; and even though Sullivan should not have permitted and appointed third parties (the amici) to intervene in the case, he did so, and they filed submissions. Sullivan just needs to hold a hearing (if he really thinks he needs one) and rule on the motion.



As I observe in today's column, the worst part of the Circuit's decision (for the justice system, not for Flynn) is its indulgence of amicus curiae participation in criminal cases. The practice, for good reasons, has been exceedingly rare and discouraged including by Judge Sullivan, throughout his career and in the Flynn case . . . right up until he decided that appointing amici would be an effective way to resist the Justice Department's dismissal.

And now we see the wages of the Circuit's decision to accept rather than crack down on this practice. Sullivan orders the parties to include in their status report a proposed briefing schedule. The Justice Department and Flynn must come up with deadlines to file further replies to any other briefs that have already been submitted. Plus, not only DOJ and Flynn but Sullivan's specially appointed amicus adviser, former federal judge John Gleeson, must figure out a time to respond "to any amicus brief of non-Court-appointed amicus curiae."

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BMX Bandit said:

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Go ask those with a maritime case in Sam Kent's court how level they playing field was back in the day

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aggiehawg said:

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Time for Bill Barr to take twitter's owners out. RICO is being proved every time these idiots do crap like this.

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Rapier108 said:

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The "Mifsud was a Russian agent" horse **** was one of the dumbest parts of this whole caper. Its verifiably untrue, and Team Mueller knew it

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captkirk said:

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Jordan was all over it. Mueller looks like a fool here

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Patentmike said:

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BMX Bandit said:

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Go ask those with a maritime case in Sam Kent's court how level they playing field was back in the day

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It was level, but that level was a basement.

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EKUAg said:

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Or Weissman did.

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Was always great to be drug back into chambers, told what your client needed to pay, and then go to lunch and see kent eating with the plaintiff's atty at lunch staring you down.

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richardag said:

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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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