I submitted the ToI essay published on Sunday as a Filing to the District Court, in anticipation that the case will be “live” after the Circuit Court Hearing tomorrow, that is entitled: BRIEF AMICUS CURIAE SUPPORTING *PARTIAL* DENIAL OF THE GOVERNMENT’S MOTION TO DISMISS.
It is anticipated that “Flynn/DoJ vs. Sullivan” colloquy will not result in honoring the Mandamus filing, yielding ongoing assessment of the possibility of a contempt charge by Judge Sullivan; that’s why the brief was only filed in the latter (anticipating that any such claim of perjury would not survive scrutiny).
Nevertheless, copies thereof were circulated to 11 attorneys who obviously overlap, so it’s possible that its unique existence could influence the proceedings; candidly, my goal is to provide Judge Sullivan an “exit ramp” after he documents the inability to sentence Flynn for “Perjury,” mirroring what he did after discovering DoJ errors when Senator Ted Stevens was inappropriately prosecuted.
He could again explore prosecutorial misconduct, potentially unearthing a declassified document showing that the Intel Community knew the Steele Dossier was unreliable by 2017; this again dramatizes the concern expressed yesterday by Lara Logan that Barr/Durham appear to be slow-rolling the DoJ’s investigation.
My perspective was supported on Fox News [“Fox and Friends”] this-a.m. [Flynn brief says judge ‘exceeded’ power in not dismissing case: ‘This Court should order the umpire to leave the field’] by Judge Andrew Napolitano; he had adopted a comparable position a month ago [Judge Napolitano: Why Bill Barr actually did the ‘unthinkable].
None of this is countered by anticipated filings from Sullivan (painstakingly documented, if the reader ignores injection of politics); after I filed my brief, others including House Judiciary Dems submitted their input.
After the D.C. Circuit ordered Sullivan to respond to the Flynn petition, Sullivan directed Flynn’s fired lawyers to reappear in his case, suggesting that he feels they may have some ‘splainin’ to do; my initiative is consistent with what Tom Fitton desires: “I Would Like Judge Sullivan to Institute Criminal Contempt Proceedings Against the Justice Dept. and FBI Officials” behind framing of Flynn.
Two extended essays explore the Railroading of Michael Flynn (how it happened and why it matters) by Eli Lake and How Russiagate Began With Obama’s Iran Deal Domestic Spying Campaign (because Michael Flynn posed a threat to the former president’s legacy and was made to pay for it) BY LEE SMITH; this latter essay (claiming ObamaGate began with Obama’s Iran Deal and his domestic spying campaign on Flynn who promised to publicize Obama’s Secret Deals with Iran) harkens back to multiple essays I wrote against the JCPOA (“Iran-Nuke Capitulation-Pact”) starting more than a half-decade ago (e.g., The House must sue to block illegal Iran pact).
Sullivan has his supporters (Sullivan is handling the Flynn case just fine), but here are Sullivan critics who are attacking his politics (Sullivan Is Left’s New Hero; Sullivan’s Appointed ‘Stand-in’ Judge Gleeson Represented Crooked Sally Yates and Worked with Mueller’s Pitbull Andrew Weissmann; Sullivan Needs To Recuse Himself; Undercover Huber Busts Sullivan for ‘Stall Tactics Waiting for a Biden DOJ’; Sullivan’s apparent motive is to prolong the court process; Sullivan Arranged Speaking Gig for James Comey at Howard University for $100,000) and his professionalism (By Refusing DoJ Decision to Drop Flynn Case Sullivan Ignored UNANIMOUS Supreme Court Decision from LAST WEEK; The Constitution Requires Sullivan’s Lawless Amicus Order Against Flynn Be Overturned; Attorney Sol Wisenberg claimed, “If the Government Wants to Dismiss a Case – The District Court Cannot Refuse to Do So!”; Sidney Powell Hits Back Against Sullivan’s Dirty Political Move to Delay Flynn Case, ‘Proposed Amicus Brief Has No Place in This Court’).
One blogger at “RedState.com” (Shipwreckedcrew) has generated extensive critique of Sullivan’s posture; careful review thereof yields NO contradiction between these assertions and my filing: