{"id":30464,"date":"2020-05-14T04:22:16","date_gmt":"2020-05-14T04:22:16","guid":{"rendered":"https:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/"},"modified":"2020-05-14T04:22:16","modified_gmt":"2020-05-14T04:22:16","slug":"lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope","status":"publish","type":"post","link":"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/","title":{"rendered":"Lawyer appointed by Judge Sullivan to offer arguments in Flynn case already has slammed Trump WH’s ‘imprope…"},"content":{"rendered":"
\n

D.C. District Court Judge\u00a0Emmet Sullivan<\/a>\u00a0issued an unusual\u00a0order<\/a> Wednesday appointing a law firm partner “to present arguments in opposition to the government’s\u00a0motion to dismiss” the matter — and\u00a0to consider whether the court should hold Flynn in contempt for perjury.<\/p>\n

The partner, retired federal judge\u00a0John Gleeson, has\u00a0openly criticized<\/a> the Trump administration’s handling of Michael Flynn’s case, raising concerns that he was selected to\u00a0improperly bolster Sullivan’s efforts to keep the Flynn case alive even though both the government and defendant want it dismissed.<\/p>\n

Sullivan has previously suggested<\/a> Flynn may have committed treason, in a bizarre 2018 courtroom outburst, and seemingly confused key details about Flynn’s overseas lobbying work.<\/p>\n

The precise reasons for the perjury review were not clear in Sullivan’s order. Last year, Flynn abruptly abandoned his plan to provide testimony against a former associate, after admitting that he had lied on federal forms required under the Foreign Agents Registration Act (FARA). Flynn has said he received constitutionally inadequate legal advice.<\/p>\n

Although Flynn was never charged with the FARA violations or perjury, he admitted to making \u201cmaterially false statements and omissions\u201d concerning his work in Turkey as part of his plea agreement. Flynn ultimately pleaded guilty only to one count of lying to FBI agents in the White House in January 2017 as his legal bills mounted, leading him to\u00a0sell his home.<\/a><\/p>\n

Flynn did not plead guilty to perjury, which applies to false statements under oath in a legal proceeding. (In\u00a0leaked remarks this week<\/a>, though, former President Obama conspicuously suggested Flynn had been charged with perjury.)<\/p>\n

\n
\"Justice<\/img><\/source><\/source><\/picture><\/div>\n

\n Justice Department official Andrew Weissman in 2002. Weissman has previously worked with Gleeson. The Twitter user Techno Fog first spotted that connection.
\n (REUTERS, File)<\/span><\/p>\n<\/div>\n

Gleeson, a retired New York federal district court judge, was specifically appointed as an “amicus curiae,” or friend of the court. Gleeson is now a partner<\/a> at the international law firm Debevoise & Plimpton.<\/p>\n

Gleeson\u00a0penned an op-ed<\/a> this week apparently pre-judging the Flynn case, writing that “the\u00a0[Flynn] record reeks of improper political influence.”<\/p>\n

“So if the court finds dismissal would result in a miscarriage of justice, it can deny the motion, refuse to permit withdrawal of the guilty plea and proceed to sentencing,” Gleeson wrote.<\/p>\n

The Twitter sleuth Techno_Fog pointed out<\/a> that Gleeson has recently worked with\u00a0Andrew Weissmann, a former prosecutor on Special Counsel Robert Mueller’s team. And, attorney Ron Coleman noted that Debevoise has also\u00a0represented\u00a0Sally Yates — the former deputy attorney general who was fired after she took the extraordinary step of refusing\u00a0to defend a Trump administration executive order in court.<\/p>\n

The unexpected move to appoint Gleeson came just a day after Sullivan\u00a0issued an order<\/a>\u00a0indicating he’ll soon accept “amicus” submissions in the case — drawing immediate scrutiny\u00a0and a planned\u00a0ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.<\/p>\n

Sullivan notably\u00a0has not appointed an amicus to counter Gleeson’s argument.<\/p>\n

Sullivan has said, however, that\u00a0he anticipated that “individuals and organizations” will file briefs “for the benefit of the court,” as he prepares to rule on\u00a0the government’s\u00a0motion to dismiss the case<\/a>, citing a mountain<\/a> of previously undisclosed exculpatory evidence.<\/p>\n

Among those unearthed materials was a handwritten note<\/a> from a top FBI official debating whether the bureau’s goal in pursuing Flynn\u00a0was to “get him fired.”<\/p>\n

OBAMA KNEW DETAILS OF FLYNN CASE, SHOCKING TOP DOJ OFFICIAL, DOCS SHOW<\/a><\/strong><\/p>\n

“Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn,”\u00a0independent journalist and attorney Michael Cernovich wrote on Twitter Tuesday evening.\u00a0“This is a violation of the judicial oath and applicable ethical rules. We will be filing a complaint against Sullivan.”<\/p>\n

Cernovich cited D.C. appellate precedent<\/a>\u00a0as precluding Sullivan from keeping the case alive, in defiance of the wishes of both the prosecution and defense, given that there has been no final judgment or sentencing.<\/p>\n

\n
\"FILE<\/img><\/source><\/source><\/picture><\/div>\n

\n FILE – In this Dec. 1, 2017, file photo, Michael Flynn, center, arrives at federal court in Washington. A judge set a sentencing hearing for Michael Flynn after rejecting arguments from the former Trump administration national security adviser that prosecutors had withheld evidence favorable to his case. (AP Photo\/Susan Walsh, File)\n <\/p>\n<\/div>\n

Without a live “case or controversy,” federal judges cannot exercise jurisdiction, according to\u00a0the Case or Controversy Clause\u00a0of\u00a0Article III of the United States Constitution. The provision prevents judges from issuing advisory opinions, or acting on a matter that is not the subject of an ongoing dispute.<\/p>\n

Will Chamberlain, a lawyer and the editor-in-chief of\u00a0Human Events, separately\u00a0noted<\/a>\u00a0that case law in the circuit generally prohibits trial court judges from second-guessing the government’s decision not to prosecute a defendant.<\/p>\n

Indeed, Sullivan himself had previously held in the Flynn case that “[o]ptions exist for a private citizen to express his views about matters of public interest, but the Court’s docket is not an available option.”<\/p>\n

Flynn’s legal team indicated in a\u00a0filing<\/a>\u00a0Tuesday\u00a0that a\u00a0sealed amicus brief<\/a>\u00a0has already been submitted by a left-wing group known as the\u00a0“Watergate Prosecutors,”<\/a>\u00a0urging Sullivan not to toss out Flynn’s guilty plea despite the Justice Department’s request.\u00a0That group was featured in an October 2019 Washington Post opinion piece, and listed\u00a0Jill Wine-Banks — who previously advanced unsubstantiated collusion theories involving the Trump campaign and Russia — as one of its members.<\/p>\n

WASHINGTON POST NEWSROOM DIVIDED OVER WHETHER FLYNN’S CALLS WERE EVEN NEWSWORTHY — THEN OP-ED COLUMNIST WENT AHEAD<\/a><\/strong><\/p>\n

Wine-Banks was also explictly\u00a0named as a member of the group<\/a>\u00a0seeking to file an amicus brief in the Flynn case.<\/p>\n

“Mueller can prove conspiracy with Russia beyond any doubt,” Wine-Banks\u00a0previously wrote<\/a>. She also\u00a0claimed<\/a>\u00a0in 2017 that Flynn would receive “immunity for kidnapping as well as his federal crimes.”<\/p>\n

Late Tuesday, President Trump\u00a0retweeted a post<\/a>\u00a0by the Twitter user Techno_Fog calling Wine-Banks a “Trump\/Russia collusion nutter.” The post concluded, sarcastically:\u00a0“Good job Judge Sullivan!”<\/p>\n

Wine-Banks\u00a0did not immediately respond to Fox News’ request for comment.<\/p>\n

\n
\"FILE<\/img><\/source><\/source><\/picture><\/div>\n

\n FILE – This Dec. 13, 2019 file photo shows former President Barack Obama speaking at the Gathering of Rising Leaders in the Asia Pacific, organized by the Obama Foundation in Kuala Lumpur, Malaysia. (AP Photo\/Vincent Thian, File)\n <\/p>\n<\/div>\n

In his brief order Tuesday, Sullivan quoted his fellow judge on the D.C. District Court, Amy Berman Jackson, who previously\u00a0admonished the parties in the Stone case that allowing amicus submissions does not mean that the criminal case will become a\u00a0“free for all.”<\/p>\n

Flynn’s case, however, has sometimes seemed like just that.\u00a0In a\u00a0fireworks-filled\u00a0sentencing hearing in December 2018<\/a>,\u00a0for example, Sullivan himself appeared open to the idea that Flynn could be charged with a death penalty-eligible offense.<\/p>\n

“I’m not hiding my disgust, my disdain for this criminal offense,” Sullivan said during that hearing. He added that Flynn’s allegedly unregistered work with Turkey “arguably” had undermined “everything this flag over here stands for.\u201d (Flynn was never charged with violating the Foreign Agents Registration Act, which had gone\u00a0largely unenforced<\/a>\u00a0until recently.)<\/p>\n

WHO IS JOE PIENTKA, MYSTERY FBI AGENT AT CENTER OF FLYNN AND CARTER PAGE\u00a0CASES?<\/a>\u00a0…\u00a0FBI SCRUBS HIM FROM WEBSITE<\/a><\/strong><\/p>\n

In a bizarre moment, Sullivan then asked the government’s attorneys whether they had considered charging Flynn with treason. The prosecutors said they had not, and Sullivan later walked back his comments after a brief recess.<\/p>\n

Then, last December, Sullivan\u00a0accused<\/a>\u00a0Flynn’s legal team of plagiarism in a filing, saying they had\u00a0“lifted verbatim portions from a source without attribution.” Powell\u00a0shot back<\/a>\u00a0that the claim “made no sense,” and\u00a0that she relied on one of her own cases as well as a brief primarily written by a friend whom she cited.<\/p>\n

\n
\"Peter<\/img><\/source><\/source><\/picture><\/div>\n

\n Peter Strzok exchanged anti-Trump text messages with Lisa Page.
\n (AP Photo\/J. Scott Applewhite)<\/span><\/p>\n<\/div>\n

On the recommendation of U.S. Attorney Jeff Jensen, who served as an FBI agent for more than a decade, the\u00a0Justice Department<\/a>\u00a0last Thursday\u00a0moved to drop its case against Flynn. The stunning development came after internal memos were released raising serious questions about the nature of the investigation that led to\u00a0Flynn\u2019s<\/a>\u00a0late 2017 guilty plea of lying to the FBI as his\u00a0legal fees mounted<\/a>.<\/p>\n

One of the documents was a top official’s\u00a0handwritten memo<\/a>\u00a0debating whether the FBI’s “goal” was “to get him to lie, so we can prosecute him or\u00a0get him fired.” Other\u00a0materials showed efforts by anti-Trump FBI agent Peter\u00a0Strzok<\/a>\u00a0to pursue Flynn on\u00a0increasingly flimsy<\/a>\u00a0legal grounds.<\/p>\n

It would not be unprecedented for the government to successfully move to dismiss a case after securing a conviction. In fact, Sullivan himself tossed the conviction of former Alaska Sen. Ted Stevens in 2009, when it emerged the government had not produced a slew of exculpatory “Brady” material.<\/p>\n

Powell has raised similar issues in the Flynn case. Fox News has\u00a0chronicled numerous representations<\/a>\u00a0by the lead prosecutor in the Flynn case, Brandon Van Grack, concerning the government’s supposed compliance with “Brady’ requirements — representations that now appear to have been inaccurate, as a\u00a0mountain<\/a>\u00a0of striking exculpatory evidence\u00a0has\u00a0emerged.<\/p>\n<\/div>\n

Read More<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

D.C. District Court Judge\u00a0Emmet Sullivan\u00a0issued an unusual\u00a0order Wednesday appointing a law firm partner “to present arguments in opposition to the government’s\u00a0motion to dismiss” the matter — and\u00a0to consider whether the court should hold Flynn in contempt for perjury.The partner, retired federal judge\u00a0John Gleeson, has\u00a0openly criticized the Trump administration’s handling of Michael Flynn’s case, raising concerns…<\/p>\n","protected":false},"author":1,"featured_media":30465,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","footnotes":""},"categories":[23],"tags":[3785,1930],"class_list":{"0":"post-30464","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"tag-appointed","9":"tag-lawyer"},"yoast_head":"\nLawyer appointed by Judge Sullivan to offer arguments in Flynn case already has slammed Trump WH's 'imprope... - Virus Reports<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Lawyer appointed by Judge Sullivan to offer arguments in Flynn case already has slammed Trump WH's 'imprope... - Virus Reports\" \/>\n<meta property=\"og:description\" content=\"D.C. District Court Judge\u00a0Emmet Sullivan\u00a0issued an unusual\u00a0order Wednesday appointing a law firm partner "to present arguments in opposition to the government's\u00a0motion to dismiss" the matter -- and\u00a0to consider whether the court should hold Flynn in contempt for perjury.The partner, retired federal judge\u00a0John Gleeson, has\u00a0openly criticized the Trump administration's handling of Michael Flynn's case, raising concerns…\" \/>\n<meta property=\"og:url\" content=\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\" \/>\n<meta property=\"og:site_name\" content=\"Virus Reports\" \/>\n<meta property=\"article:published_time\" content=\"2020-05-14T04:22:16+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/s3.us-west-1.wasabisys.com\/virusreports\/2020\/05\/30464\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1280\" \/>\n\t<meta property=\"og:image:height\" content=\"715\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"8 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/#article\",\"isPartOf\":{\"@id\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\"},\"author\":{\"name\":\"admin\",\"@id\":\"http:\/\/virusreports.net\/#\/schema\/person\/b4d9935a5c761848b065a92393ecc319\"},\"headline\":\"Lawyer appointed by Judge Sullivan to offer arguments in Flynn case already has slammed Trump WH’s ‘imprope…\",\"datePublished\":\"2020-05-14T04:22:16+00:00\",\"mainEntityOfPage\":{\"@id\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\"},\"wordCount\":1562,\"commentCount\":0,\"publisher\":{\"@id\":\"http:\/\/virusreports.net\/#organization\"},\"image\":{\"@id\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/s3.us-west-1.wasabisys.com\/virusreports\/2020\/05\/30464\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope.jpg\",\"keywords\":[\"appointed\",\"lawyer\"],\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\",\"url\":\"http:\/\/virusreports.net\/lawyer-appointed-by-judge-sullivan-to-offer-arguments-in-flynn-case-already-has-slammed-trump-whs-imprope\/\",\"name\":\"Lawyer appointed by Judge Sullivan to offer arguments in Flynn case already has slammed Trump WH's 'imprope... - 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