We have followed the extraordinary case against General Flynn as events have warranted. By all rights it should be a sidebar to the biggest scandal in American political history by far, yet it opens a window on incredible wrongdoing at the highest reaches of the Obama administration in the FBI, the CIA, and the Department of Justice, including Team Mueller. It is a disgrace that Attorney General Barr has sought to expose and to mitigate.
The mandamus proceedings to which Judge Sullivan is subject are a sidebar to the sidebar, or a sideshow in the sidebar. Judge Sullivan resists. He seeks to continue the prosecution of General Flynn. Indeed, he has filed a petition for rehearing of the decision by the D.C. Circuit Court of Appeals granting the writ of mandamus.
Acting Solicitor General Jeffrey Wall has now responded to Judge Sullivan’s petition for rehearing. Techno Fog has posted Wall’s response on Scribd here. Mr. Fog rightly draws attention to Wall’s discussion of the procedural improprieties of Judge Sullivan’s petition at pages 15-17. Wall presents them in four bullet points that strike me as devastating. We will have to return to them in the event that the court grants Judge Sullivan’s petition and aggravates the disgrace.
Flynn update –
The US has filed their brief opposing Judge Sullivan's request for a rehearing en banc (appeal).
Strong arguments re: procedural issues with Judge Sullivan's request. (Not a party.)
— Techno Fog (@Techno_Fog) July 20, 2020