I gotta tell ya, Washington D.C. federal district court judge Emmett Sullivan is my hero, and he has been for quite a while. He has been a consistent pain in Trump’s ass since day one, forming a powerful one-two punch with Judge Amy Berman Jackson. If the name rings a bell, but you can’t quite […]
Well, well, this should thicken up the pudding nicely. DC District Court Judge Emmett Sullivan issued a ruling from the bench this morning regarding the DOJ’s request that former NSA Michael Flynn’s guilty plea be vacate , and the charges against him dropped. And the ruling isn’t going to be happy news for Tubby the Ewok. In the ruling, not only did judge Sullivan not grant the DOJ’s request that the confession be vacated and the charges dropped, he went in the opposite direction, instead allowing third party filings to be placed before the court for consideration in the judges decision, not just the filings of the DOJ and Flynn’s lawyers. This is not bueno news for Flynn, his lawyers, and the DOJ. In a move that has become common in DOJ filings in the era of Trump, both the DOJ as well as Flynn’s lawyers hammered away at the sovereign rights of the Department of Justice to adjudicate their cases, making it sound like the judge had little option but to comply. But obviously, by this ruling, Judge Sullivan makes it clear that he does not consider himself a helpless tool in this process. This is bad news for Flynn and the DOJ for a bunch of reasons. First, today’s ruling opens the floodgates for Sullivan to receive a whole slew of dissenting opinions from those of Flynn’s lawyers and the DOJ, and to consider them. Chief among those being an open letter already signed by more than 2000 current and former DOJ officials, slamming the request, and pointing out that a positive ruling for Flynn and the DOJ would openly politicize the DOJ, and pose the prospect of a separate form of justice for politically connected defendants. Another effect of today’s ruling is that it will dilute the strength of the DOJ’s case by allowing interested parties a chance to clarify the record. For example, the DOJ in their filing, the DOJ claimed that the FBI lacked the legal predicate to interview Flynn about his phone conversations with then Russian Ambassador Sergei Kislyak, both the interview and the subsequent confession were facially invalid. But FBI officials steadfastly contended that they were not interviewing Flynn about his phone contacts with Kislyak, but his repeated lies to senior White House officials, such as Vice President Mike Pence. With Sullivan’s ruling today, he will now be free to consider this information in his decision making process. But the real reason this is such bad news for Flynn and the DOJ is that it makes it much more likely than not that Judge Sullivan will decide to hold an open hearing in court in order to force the DOJ to defend their position on the issue. Anybody who listened to the oral arguments before the Supreme Court yesterday could hear how moronic any lawyer sounds when trying to defend or espouse a Trumpian position. But it isn’t just the Supreme Court. Anybody who watches Rachel Maddow knows how she loves to get her hands on the transcript of pretty much any federal court proceeding involving Trump’s Department of Selective Justice. With no editorializing, Maddow reads the disjointed ramblings of DOJ lawyers trying to defend the indefensible, followed by the federal court judge’s use of simple legal arguments to reduce the DOJ lawyer to a California Roll on a plate at a sushi bar. […]
I remember that it struck me as rather odd at the time. Actually, the entire situation struck me as just a wee off, but one part in particular was really strange. But, in an era when you have a political poltergeist chucking next level shit at your head from across the room 24/7, any one […]
A CONSTITUTIONAL CRISIS! Oh, my God! Pack up the babies, grab the old ladies! Hide the sheep, and break out the likker, the end is nigh! You gotta admit, those three words sound like nothing other than Orson Welles frantically describing the end of civilization in his iconic “War of the Worlds” radio broadcast. Politicians actually love the “sound of a constitutional crisis, for the simple reason that they can fund raise off of it. Also, it makes their political egos swell like watching them pump helium into the Trump Baby Blimp, they can scare the shit out of us, while looking just solemn enough to portray the kind of calm steely leadership required to get us out of this mess. Democratic congress critters and most media pundits have been proclaiming that we’ve been in a constitutional crisis ever since Willie “The Ewok” Barr took his Mueller report ball and went home. But the simple fact of the matter is that we aren’t in one, at least, not yet anyway. By definition, a constitutional crisis only occurs when we stumble into an issue that the constitution itself has no remedy for. This ain’t it. Barr has refused to honor subpoenas issued by House committees to turn over unredacted copies of the Mueller report, and Steve Munchkin Mnuchin is refusing to turn over Trump’s felonious tax returns. That isn’t a constitutional crisis, because there’s a constitutional remedy for it, and the Democrats in congress are following that remedy. Mainly, you go to court and get a judge to force The-Hole-In-The-Head-Gang to comply with the law. But mark you calendars for May 31st, because, that’s the day when we could finally find ourselves in what our duly elected members of congress have been predicting, and drooling over the possibility of, for months, a flat out, full bore, accept no substitutes constitutional crisis. Because apparently Judge Emmett Sullivan, currently overseeing the Michael Flynn case, has had enough of Barr’s piddly ass attempts to play hide-the-sausage. Sullivan is the judge that shocked Flynn into a bout of incontinence by blowing up his sentencing hearing, bluntly telling him that his “ci-operation” with Mueller did little to offset his treasonous behavior, and if he didn’t pony up some more, Sullivan had a hammer and a pile of rocks with his name on it. Well, yesterday Sullivan set the table for a true constitutional crisis. He gave Barr and the DOJ until May 31st to provide a transcript of an audio recording turned over by Flynn with a conversation between a Trump personal lawyer, and Flynn’s lawyer, regarding Flynn’s dropping out of his joint defense agreement with team Trump, and threatening retaliation. Not only that, but he has ordered that all redactions regarding the Flynn case be removed, and giving the DOJ until May 31st to have an unredacted, public facing copy of the report posted on the court docket by then. There’s your constitutional crisis right there. Up to this moment, the Trump administration answer to every congressional request, demand, order, and subpoena for anything related to Trump or Mueller has been to stonewall it, flip it off. But how do you blow off a judicial order? If judge orders you to pay child support and you flip him double barrel birds, a couple of cops haul you off to durance vile until […]
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