BREAKING: Acting SG Wall says Barr had secret, undisclosed reasons for dismissing Flynn case. https://t.co/VCoC1l44gi— Josh Gerstein (@joshgerstein) August 11, 2020
I'm guessing that came up because the argument to force Sullivan to recuse (which a mandamus could also do) wasn't working:
Acting solicitor general Wall tells DC Circuit it may be appropriate to order Sullivan recused from the case. Wall: 'I do think that we have reluctant come to the view that there is now at least a question about appearance of impartiality.'— Josh Gerstein (@joshgerstein) August 11, 2020
Sunshine, meanwhile, remains the best government disinfectant:
DOJ lawyer arguing now. Acting Solicitor General Wall just said the executive branch is worried about Judge Sullivan conducting an “intrusive inquiry” about why in the world Barr has joined forces w/Flynn’s defense team & is trying to dismiss Flynn’s case. Oh, I’ll but they are!— Glenn Kirschner (@glennkirschner2) August 11, 2020
Yeah, this ain't gonna work:
DOJ has the nerve to argue that Judge Sullivan holding a hearing would be “injurious to the separation of powers.” Kinda like an executive branch that REFUSES TO COMPLY WITH ALL LAWFULLY ISSUED CONGRESSIONAL SUBPOENAS! Pot, meet kettle.— Glenn Kirschner (@glennkirschner2) August 11, 2020
Both Flynn’s lawyer AND the DOJ lawyer are arguing, in substance, that Flynn and Barr are above the law in that the judge could know that there was unethical and/or criminal micdonduct prompting the motion to dismiss the case and the judge can’t even inquire about it. Absurd.— Glenn Kirschner (@glennkirschner2) August 11, 2020
Judge Pillard just said, “What self-respecting Article III judge would grant the motion to dismiss WITHOUT trying to understand what the heck is going on when Flynn pleaded guilty & all prior prosecutors (pre-Barr) assured Judge Sullivan the evidence CLEARLY proved he was guilty?— Glenn Kirschner (@glennkirschner2) August 11, 2020
GAME OVER, MAN! GAME OVER!!
ETTD.SG says DOJ may have other non-public reasons for seeking to dismiss #Flynn case. DOJ can't base a motion for leave to dismiss on "I know something you don't know and I am not going to tell you." They can submit classified declaration under seal. See you in chambers. https://t.co/3RS0GNfW9l— Barb McQuade (@BarbMcQuade) August 11, 2020
Not that it was going well, anyway:
Flynn’s lawyer just gave the game away https://t.co/I1cchc9qbd— George Conway (@gtconway3d) August 11, 2020
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