Today is the filing deadline for papers on the request to dismiss the Michael Flynn case

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By Robert Willmann

After the court hearing last week Tuesday, 29 September 2020, on the request by the Department of Justice to dismiss the criminal case against Michael Flynn, Judge Emmet Sullivan issued an order–

"09/29/2020 Minute Order as to Michael T. Flynn. In view of the discussion at today's motion hearing, the government, Mr. Flynn, and the Court-appointed amicus curiae shall file any additional motions or supplemental materials regarding [docket number] 198 the government's motion to dismiss the criminal information against Mr. Flynn by no later than October 7, 2020. Signed by Judge Emmet G. Sullivan on 9/29/2020. (lcegs3) (Entered: 09/29/2020)".

What is interesting is that Sullivan has invited both "additional motions" and "supplemental materials" from Flynn, the Justice Department (DOJ), and the judge's "friend of the court", John Gleeson.  The term "supplemental materials" implies that more documentary evidence may be filed with the court clerk, and does not seem to be limited to written arguments.  However, Gleeson is not representing a party in the case, and is an "amicus curiae" for the limited purpose of arguing against the DOJ's motion to dismiss.  He is not authorized to introduce additional evidence into the proceeding about dismissal.

Flynn's lawyers might file a formal motion to recuse or disqualify Judge Sullivan from presiding over the case, which could be seen as an additional motion related to the request to dismiss the case.

Adding to the situation is a statement made by president Donald Trump yesterday evening on the Internet Twitter website [1]–

"I have fully authorized the total Declassification of any & all documents pertaining to the single greatest political CRIME in American History, the Russia Hoax. Likewise, the Hillary Clinton Email Scandal. No redactions!"

Whether Trump's tantalizingly broad "authorization" for declassification will result in anything being declassified as an initial matter, and then with no redactions, and then publicly released remains to be seen.  

The DOJ can do its own release of documents relevant to Flynn by filing them in his case, disclosing material to him, or both. 

[1]  https://twitter.com/realDonaldTrump/status/1313640512025513984

 

This entry was posted in Current Affairs, government, Justice, Russiagate. Bookmark the permalink.

6 Responses to Today is the filing deadline for papers on the request to dismiss the Michael Flynn case

  1. Avatar Stueeeeeeeee says:

    Poor Flynn. He is stuck in a Kafka novel.

  2. Avatar EEngineer says:

    I’d consider him a casualty of war. On that is far from over, and he’s not dead yet. And coming out of a siege victorious over an evil foe is the kind of thing a solder lives for.

  3. Avatar TV says:

    All these time server swamp drones work for the President.
    What prevents him from calling them (Haspel, Wray) into the oval, not invite them to sit down and make it clear all this garbage is declassified and released to the public within 24 hours or they’re gone the same day.

  4. Avatar blue peacock says:

    What does “fully authorized” mean in Trump’s tweet? Why didn’t he just order it? Didn’t he “authorize” Bill Barr to declassify it all some months ago? More kabuki?
    Anyone know what’s actually going on here? Is Barr & Durham just running out the clock?
    Now it seems that it was a plot by Hillary to smear Trump with “Russian Agent”. Where did it become the role of the FBI, DOJ, CIA and DNI to take on that mantle and move it up a notch by running counter-intelligence investigations based on false FISA applications to the secret court? Was that “authorized” by Obama?
    What’s the over/under on we’ll get to know the straight skinny?

  5. Avatar longarch says:


    What does “fully authorized” mean in Trump’s tweet? Why didn’t he just order it? Didn’t he “authorize” Bill Barr to declassify it all some months ago? More kabuki?
    Anyone know what’s actually going on here? Is Barr & Durham just running out the clock?

    In my opinion, there are two small groups of insiders – one treasonous, the other Constitutional – and those two small groups of insiders are the only ones with any clear idea of what is going on.
    However, I can speculate about why POTUS is not ordering declassification. I assume POTUS is acting rationally according to a strategy that I do not understand. I assume POTUS has calculated some ideal deadline at which he truly wants the information to be public. (I speculate that deadline might be 1st November.)
    Scenario 1: POTUS does not order declassification, but enough traitors in the CIA and FBI rat out their bosses that the information gets out before POTUS’ deadline. The public is united in hatred of traitors. POTUS is re-elected.
    Scenario 2: POTUS does not order declassification, but the powerful officers who truly run the military are convinced that the FBI and CIA are leading a coup. POTUS uses the Emergency Broadcast System to alert citizens that the military forces are loyal to POTUS and should not be shot.
    Variant 2a: The officers use military force to arrest traitors before the election.
    Variant 2b: The officers use military force to arrest traitors after the election.
    Scenario 3: POTUS waits until one day before his ideal deadline, then posts the full documents on the Internet, possibly using anonymous intermediaries. (The Emergency Broadcast System might also be used.) The documents take about 24 hours to circulate from skilled Internet users to the general public.
    Scenario 4: POTUS never releases the relevant information about treason at the FBI and CIA, but does release videos confirming public suspicions about human trafficking and child abuse within the Democratic Party. Public outrage ensues.
    I am aware that these scenarios will probably seem fantastical and that I might be a fantasist.

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