Michael Flynn

Judge Sullivan protracts Flynn’s ordeal

Featured image As I heard the D.C. Circuit Court of Appeals judges who denied General Flynn’s petition for a writ of mandamus — opinion here — they expected Judge Sullivan to dismiss the case against Flynn on the government’s motion without further ado when the case was returned to him. This past Tuesday Judge Sullivan held the hearing on the government’s dismissal motion and, on the contrary, it sounds like the case »

A deepening disgrace, cont’d

Featured image The government’s motion to dismiss the case against General Flynn. The case itself is sidebar to the Obama administration’s effort to undermine the Trump campaign and Trump presidency, easily the biggest political scandal in American history. We have never seen anything like it. Judge Emmet Sullivan continues to mull it all over. To assist in his deliberations, the government filed the 302 interview summary of former FBI case agent William »

D.C. Circuit authorizes Judge Sullivan to hold hearing in Flynn case

Featured image The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, has overturned a ruling by a panel that had granted Michael Flynn’s petition for mandamus against Judge Emmet Sullivan. The panel’s decision, by a 2-1 vote, had pulled the plug on Judge Sullivan’s attempt to hold a thorough hearing in the Flynn case, notwithstanding the Justice Department’s motion to dismiss. But by a vote of 8-2, the full »

The Flynn rehearing

Featured image The oral argument of the Flynn case rehearing en banc by the D.C. Circuit is now underway. The court is live streaming the video below and, if not below, here at YouTube and here at C-SPAN and probably elsewhere. I hope to replace the live stream with a recording when it is available following the conclusion of the rehearing. The circus continues. UPDATE: C-SPAN has posted the oral argument in »

D.C. Circuit will rehear the Flynn-Sullivan case en banc

Featured image After a panel of the U.S. Court of Appeals ordered Judge Emmet Sullivan to grant the Department of Justice’s motion to dismiss the prosecution of Gen. Michael Flynn before Judge Sullivan had ruled on the motion, Sullivan petitioned for review by the full D.C. Circuit. Two of the three judges on the panel were appointed by Republicans. By contrast, most of the judges on the full court were appointed by »

When the FBI spied on Trump

Featured image Newly declassified FBI documents disclose how the agency used a so-called defensive briefing of the Trump campaign on August 17, 2016, to spy on and collect information about Donald Trump himself. Michael Flynn and Chris Christie also attended the briefing. The Federalist’s Sean Davis has posted the documents via Scribd together with his story on them. I have embedded the documents below. Davis notes that the documents were formally declassified »

Don’t rehear this

Featured image 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 »

In the Flynn case, more exculpatory evidence

Featured image The case brought by Team Mueller in the name of the United States against Michael Flynn constitutes a sidebar to the biggest political scandal in American history by far. While the United States now seeks to dismiss the case, Judge Sullivan resists. His resistance now extends to the The D.C. Circuit opinion granting Flynn’s petition for a writ of mandamus ordering him to dismiss the case. While the D.C. Circuit »

Judge Sullivan seeks en banc review

Featured image I’ll say this for Judge Emmet Sullivan, he’s a persistent old cuss. Sullivan is so determined to sentence Michael Flynn that, rather than giving up after an appeals court ordered him to grant the government’s motion to dismiss the Flynn case, he has petitioned the full appeals court for en banc review. His lengthy brief can be found here. I can understand why Sullivan fights on. First, the appeals court’s »

Judge Sullivan ordered to dismiss Flynn case

Featured image In a 2-1 opinion, the United States Court of Appeals for the D.C. Circuit has granted Michael Flynn’s petition for a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against General Flynn. I commented on the oral argument before the court here on June 12. I have embedded the panel opinion below along with the dissent. Judge Rao’s opinion for the panel responds in detail to Judge »

The Flynn oral argument

Featured image C-SPAN has posted audio of the hearing on the Flynn petition for mandamus in the District of Columbia Circuit Court of Appeals here. As far as I can tell, they haven’t made it embeddable, but it is a public service to have it available in this form. It is also posted here on YouTube. The argument is worth hearing out to listen in to a master appellate advocate — Deputy »

Flynn’s day in court

Featured image Michael Flynn’s petition for a writ of mandamus in his criminal case before will be argued in the D.C. Circuit Court of Appeals this morning at 9:30 a.m. (Easterm) before Judges Henderson, Wilkins, and Rao. It appears that the court will live stream the 30-minute oral argument via a link accessible here (and here on YouTube). I know that many will want to tune in. The Flynn case is a »

Who is John Gleeson, Part Two

Featured image Yesterday, I wrote about John Gleeson, the former judge enlisted by Judge Emmet Sullivan to advise him about whether to sentence Flynn, even though the prosecution has moved to dismiss its case. Sullivan knew what advice he would get because Gleeson had already written an op-ed calling on Sullivan to sentence Flynn. Sure enough, that’s the advice Gleeson offered. In yesterday’s post, borrowing from Bill Otis, I described how, as »

Who is John Gleeson?

Featured image John Gleeson is the former judge tasked by Emmet Sullivan, the judge in the Michael Flynn case, with talking him into sentencing Flynn in a case that the prosecution has moved to dismiss. One wonders whether any such “talking” is required, other than for the sake of appearances. In any event, Gleeson today filed his brief. He argues that Judge Sullivan should reject the government’s motion and continue the prosecution »

Tom Cotton has questions for Joe Biden

Featured image We now know that Joe Biden was among the many Team Obama members who unmasked General Flynn. The mass unmasking of Flynn is bizarre and arguably problematic, but the big sin — a criminal one — was leaking the result of the unmasking to the Washington Post. With so many suspects, it may not be easy to determined who did the leaking. However, the timing of the Post’s report seems »

Leakers awake (2)

Featured image Acting DNI Richard Grenell has released the document listing the names of those Obama administration officials who sought the unmasking of Michael Flynn’s name on the transcripts of his conversations with Sergey Kislyak in anticipation of his taking office as Trump national security advisor; Grenell released the list to Senators Johnson and Grassley. I have embedded Grenell’s cover letter and its attachments below. FOX News reports the story here with »

Speaking of unprecedented

Featured image Barack Obama has a conflict of interest — a personal stake — in commenting on the ordeal of Michael Flynn and the Russia hoax in which it was embedded. One would never know it, however, from the ecstatic dissemination of the leak of his halting comments on the Department of Justice’s motion to dismiss the Flynn case. Jonathan Turley takes a headfirst dive into Obama’s comments in “President Obama Declares »