Flynn prosecution

Appeals court seems disinclined to grant Flynn’s mandamus petition

Featured image Mandamus is an extraordinary remedy, and it would be truly extraordinary for an appeals court to grant a mandamus petition requiring a district court to grant a motion it has not yet ruled on. The natural thing would be to let the district court rule before intervening. But the Flynn case is truly extraordinary. I had hoped that Judge Sullivan’s bizarre conduct — his appointment of on over-the-top amicus to »

Judge Sullivan lawyers up

Featured image Judge Emmet Sullivan has hired Beth Wilkinson to represent him as he defends his unusual actions in the Michael Flynn case before the U.S. Court of Appeals for the D.C. Circuit. Sullivan already asked for assistance from outside counsel when he appointed John Gleeson to argue against the Justice Department’s motion to dismiss the Flynn prosecution. That extraordinary move helped land Sullivan in the dock, so to speak, thus causing »

Judge Sullivan ordered to respond to Flynn mandamus petition

Featured image The U.S. Court of Appeals for the D.C. Circuit has ordered Judge Sullivan to respond within ten days to the petition for a writ of mandamus filed by Michael Flynn. I discussed and quoted from the petition here. The court also “invites” the government “to respond in its discretion within the same ten-day period.” Flynn was fortunate to draw the panel he did. It consists of Karen LeCraft Henderson, a »

Flynn’s lawyer files petition for writ of mandamus

Featured image Sidney Powell, Michael Flynn’s lawyer in the criminal case against him, has filed a Writ of Mandamus to the United States District Court for the District of Columbia. The petition asks the D.C. Circuit to issue an order directing the district court to grant the Justice Department’s motion to dismiss its case against Gen. Flynn. It also asks that the district court be ordered to vacate its order appointing amicus »

On shutting down Sullivan’s circus

Featured image In light of Judge Sullivan’s bizarre orders in the Flynn prosecution, there is talk about the possibility of filing a petition with the court of appeals seeking to have it pull the plug on the Flynn proceedings. However, I don’t think the D.C. Circuit would grant such a petition, and I question whether, at this stage, it should. The problem is that Sullivan hasn’t ruled one way or the other »

Powell vs. Obama

Featured image We are a day or two late with this, but it is still worth your attention. Barack Obama said on a phone call that the Department of Justice’s dropping of charges against General Flynn was unprecedented and, somehow, a threat to the rule of law. News organizations naturally repeated Obama’s assertions uncritically. But Flynn’s lawyer, Sidney Powell, casts a more critical eye in her Open Memorandum to Barack Obama. She »

Sullivan orders old act to appear in his circus

Featured image Judge Sullivan’s circus of a proceeding in the matter of Michael Flynn keeps adding new acts. Or, in the most recent development, an old act. Sullivan ordered Covington & Burling, the firm that originally represented Michael Flynn, to be added as an interested party in the matter. The law firm complied by entering its appearance. Flynn’s current counsel has alleged that Covington & Burling represented the General ineffectively. In a »

Judge Sullivan’s “perjury” gambit

Featured image Judge Sullivan’s decision to have a former federal judge argue against the DOJ’s motion to dismiss the Michael Flynn prosecution is bizarre enough. In addition, though, Sullivan asked the same judge to consider whether Flynn should face a perjury charge based statements he made to the court in connection with his guilty plea. I assume Sullivan recognizes that the DOJ’s motion to dismiss the charge of false statements to the »

Sullivan appoints retired judge to contest DOJ’s motion to dismiss Flynn case

Featured image The New York Times reports: The federal judge overseeing the criminal case of President Trump’s former national security adviser Michael T. Flynn appointed an outsider on Wednesday to argue against the Justice Department in its effort to drop the case and investigate whether Mr. Flynn committed perjury, an extraordinary move in a case with acute political overtones. Judge Emmet G. Sullivan of the United States District Court for the District »

What does Judge Sullivan hope to accomplish?

Featured image Yesterday, Judge Emmet Sullivan invited parties with no legal interest in the Michael Flynn prosecution to file briefs in response to the Department of Justice’s motion to dismiss that case. I criticized Sullivan’s decision to do so in this post. Andy McCarthy presents a more detailed critique. He finds Sullivan’s order “bizarre” and “blatantly political.” As McCarthy sees it: The cantankerous jurist is stoking opposition to the dismissal. He knows »

Judge wants to hear from “outside groups” in the Flynn case

Featured image In a post called “What’s next in the Flynn case,” I wrote: [I]t would be extraordinary for Judge Sullivan to deny the government’s motion to dismiss its case against Gen. Flynn. But then, this is not your average case and Sullivan has shown he’s not your average judge. True to his reputation, Judge Sullivan isn’t letting go of the matter. Today, he put on hold the Justice Department’s move to »

“Career prosecutor” misses the point

Featured image Jonathan Kravis was one of the attorneys who prosecuted Roger Stone. He resigned after the Trump/Barr DOJ recommended a lighter sentence for Stone than the attorneys who prosecuted Stone recommended. (I discussed Stone’s sentence here.) In this Washington Post op-ed, Kravis attacks the revised Stone sentencing recommendation and the decision to drop the case against Michael Flynn. He calls both decisions “disastrous.” But Kravis neglects to discuss the merits of »