By Robert Willmann
Two days ago, federal judge Emmet Sullivan in Washington D.C. ordered the "special counsel" Robert Mueller group to do the following by 3:00 p.m. eastern time today, as shown on the court clerk's docket sheet–
"12/12/2018 MINUTE ORDER as to MICHAEL T. FLYNN. In 50 defendant's memorandum in aid of sentencing, the defendant quotes and cites a 'Memorandum dated Jan. 24, 2017.' See page 8 n. 21, 22. The defendant also quotes and cites a 'FD-302 dated Aug. 22, 2017.' See page 9 n. 23-27. The defendant is ORDERED to file on the docket FORTHWITH the cited Memorandum and FD-302. The Court further ORDERS the government to file on the docket any 302s or memoranda relevant to the circumstances discussed on pages 7-9 of the defendant's sentencing memorandum by no later than 3:00 p.m. on December 14, 2018. Should the parties seek to file such material under seal, the parties may file motions for leave to do so. The government is also ORDERED to file its reply to the defendant's sentencing memorandum by no later than 3:00 p.m. on December 14, 2018. Signed by Judge Emmet G. Sullivan on 12/12/2018. (lcegs3) (Entered: 12/12/2018)"
Judge Sullivan is a Black lawyer who came up the hard way, going to Washington D.C. public schools and Howard University and its law school. Howard University has been a reputable university with a full curriculum as it provided education to Black Americans from the time of segregation. He was appointed by three different U.S. presidents to judicial positions, by Reagan, Bush sr, and Bill Clinton .
The actions and investigation regarding Gen. Michael Flynn (ret.) beginning when he was removed as National Security Advisor to president Trump have seemed odd and not to square with past behavior and the normal course of things. With little information available publicly it is very difficult to look at the issue and pick through information, since it has been mainly hidden behind the skirts of the Mueller "investigation", which was supposed to look at "interference" by the Russian government in the 2016 U.S. presidential election.
Flynn's sentencing is set for next Tuesday, 18 December. However, that is subject to change, depending on what is filed today. I will try to provide some relevant items from the court clerk's file that you can read to bring yourself up to date about the court case from what is available; some items are still filed under seal, and the probation office presentence investigation report (PSI) is kept private as a matter of federal judicial policy.
Filed documents are in the pdf computer format, and can be looked at on your computer screen or downloaded to view or print out for reading. They are in chronological order, and start with a transcript of Flynn's plea hearing on 1 December 2017, presided over by Judge Rudolph Contreras, who then promptly recused himself from the case, an unusual event in itself and possibly part of the murky story. Judge Sullivan took over the case after being randomly assigned to it, perhaps a lucky event for Gen. Flynn.
The 34-page transcript is here–
Judge Sullivan has a strict attitude about the government's obligation to disclose exculpatory and mitigating evidence, no matter how bad it makes their case look, and he routinely issues an order about it–
The important last paragraph on page 4 of his order makes clear that this is a continuing obligation and includes disclosure of information that the government thinks is not "material"; this particular judge will decide if it is to be disclosed. These disclosures are an ongoing problem especially in the federal courts as the Justice Department likes to say that it will decide what material is exculpatory and mitigating, which allows it to hide problematical information or illegal conduct.
The government's sentencing memorandum and its addendum were filed on 4 December 2018–
Flynn's 178-page sentencing memorandum was filed on 11 December 2018, and that is what prompted Judge Sullivan's order the next day to Mueller to disclose additional information–
The order of 12 December expressly mentioned pages 7-9 (pdf pages 12-14) of Flynn's sentencing memo. Those pages about the "nature and circumstances of the offense" speak to some of the FBI's conduct.
We will see what results from Judge Sullivan's order.
The Department of Defense requests that when any of its photographs are used, like of Gen. Flynn above, the following be included: "The appearance of U.S. Department of Defense visual information does not imply or constitute DOD endorsement". This is really addressed at trying to prevent DoD photos and videos from being used to promote private activities, persons, products, or services.