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 –
"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.