Flynn hearing getting ready to start, attorneys are checking in & confirming the tech is working.

I'll be live tweeting it In this thread.

#FlynnHearing

The public can hear it by dialing in with these codes: 877-336-1839 (code 5524636); 888-363-4734 (code 6114909); 877-336-1839 (code 1429888); 877-402-9753 (code 2090166); 888-557-8511 (code 4140864); 888-273-3658 (code 1773796).

Court is in order, Judge Sessions is in the house!

Let's go!

JS is going to do a summary of the main arguments & ask the lawyers to confirm it is accurate. Then he will ask questions of counsel.
Not going to focus on if there is a live case, not going to focus on perjury allegations against Flynn, & not focusing on authority of Amicus.

Focusing on 2 issues:

Prosecutorial abuse & whether the court should deny the government leave to dismiss.

Sullivan believed that Flynn's sentencing memo in 12/18/18 raised serious questions about Flynn's guilt which lead to the plea discussion with Flynn.
Which is why he delayed sentencing to allow Flynn to help himself with continued cooperation.

Key fact to resolve...
i expect Sidey to challenge it, that Flynn chose to not cooperate in the FARA prosecution of his FIG partners.

Flynn refused to testify falsely against his partners as asked by the SCO.

The government never reviewed or filed a response to Flynn's claims of misconduct because Covington & Burlington never produced the documents necessary to determine if his lawyers had inappropriately represented him.

(But in June 2020, DOJ denied the misconduct allegations)

Focus on Rule 48a, the AG or US Attorney may file a dismissal at the leave of the course.
Gleeson argues "Court plays a limited by important role." in Rule 48a.
Amidon case precedent gives the court such a role. Before Rule 48 the DOJ had unfettered power.

But corrupt dismissals by prosecutors lead to rule 48 to prevent corrupt or politically corrupt dismissals after indictment.

From Gleeson: Executives primacy, does not overrule the courts rule in rejecting a motion if it serves the public interest.

Looking to set a precedent that Swampy prosecutors can't let Swamp creatures go, so future DOJ's can't go back to the practice that let Epstein go!

This is more important than most realize.

Sullivan must rule that corrupt DOJ prosecutors can't let a defendant go for corrupt political reasons.
Then rule that DOJ is not dropping the case against Flynn for corrupt political reasons.

This is how Flynn & Barr are exonerated!

Gleeson's Amicus briefing is like a friendly pitcher in a home run derby trying to give Sullivan pitches to knock out of the park.

Gleeson's brief argues that DOJ must show there is evidence to support the dismissal of charges. It can't just say it, DOJ has to prove it. Would make a good precedent!

Can't wait for DOJ to prove why the charges must be dropped against Flynn! Wish they had to in Epstein's case!

Imagine if the Judge in Florida forced then US Attorney Acosta to prove that Epstein "belonged to intelligence" & that it was in the public interest to let a black mailing pedophile go to avoid exposing what intelligence connections that he had!

2 reasons in Gleeson's brief.

That the dismissal is just textual, just a conclusory statement with no evidence to back it up. Prosecutors must have good faith & not be faking the dismissal, Duh.

Second with evidence of prosecutorial misconduct. Anyone think there wasn't any?

Got dropped, trying to get back in.