May 13, 2020

Judge Emmet G. Sullivan, the federal judge hearing the Michael Flynn case, pulled a crazy chess move after the DOJ filed a motion last week to undo the prosecution and plea deal by dropping the charges.

Last week, Barr's highly politicized DOJ pulled one of the craziest stunts ever. They moved to dismiss all charges against Michael Flynn - even though he pleaded guilty in 2017 - twice. So why the change of heart? Well, Barr's DOJ submitted a filing, claiming that “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information . . . the government has concluded that [Flynn’s interview by the FBI in January 2017] was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn,” and that it was “conducted without any legitimate investigative basis.”

WHAT? To say that this insane filing was a bomb going off in DC would be an understatement. The sheer politicization and degrading of the good work that the DOJ has done for decades was devastating. So what was the Judge to do? Clearly, he heard the battle cry from legal minds all over the country,

Tuesday, Judge Sullivan put the move to dismiss the charges on hold when he decided to allow outside groups and legal experts to weigh in, in what is called a “friend-of-the court” or “amicus brief[s]" submission process. The Washington Post noted that this "order allows others to file objections to the Justice Department’s move and could open the door for adversarial proceedings in which one or more attorneys argue against the Justice Department. It would also permit, if the judge chooses, requiring both sides to produce evidence and revisit the case for and against Flynn."

Further, the judge could call witnesses, such as Flynn, investigators and even the prosecutors - both current ones and the original ones - to try to get to the bottom of what is really going on.

This brings us to today, when Judge Sullivan did something that is going to make Barr squirm in his seat a little bit more:

What does this mean? Simply put, the Judge has appointed a retired judge to argue against the government's motion to dismiss the charge against Flynn and to look into whether Flynn should be held in contempt for FELONY PERJURY.

Renato Mariotti laid out what this means in a great thread. I will post some of the more important tweets, but I encourage you to read back through them for more context:

Flynn is in a bit of a bind at the moment. He's either going to jail for lying to the FBI or he's going to jail for lying to the judge. This is what happens when the rule of law is perverted for political expediency.

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