Judge Luttig writes:John Sexton at Hot Air, Judge Sullivan Has Hired A Defense Attorney, Here’s What Could Happen Next finds a better quote:
The rule of law instructs that U.S. District Court Judge Emmet G. Sullivan has the power — indeed, the obligation — to determine whether dismissal of Flynn's case would be in the public interest and whether the integrity of the judicial process would be compromised by granting the government's dismissal request. This authority stems from the federal criminal rules of procedure and the trial judge's inherent authority. If this authority were properly exercised, the judge's refusal to dismiss the case would not impermissibly usurp the executive's exclusive constitutional power to decide whether to bring or maintain a criminal prosecution.Judge Luttig believes Judge Sullivan erred by inviting amici submissions and appointing Judge Gleeson to argue against dismissal. In his view the D.C. Circuit should grant the writ insofar as it seeks a reversal of these orders. According to Judge Luttig, the D.C. Circuit should also consider whether the case should be remanded to a different district court judge.
Judge Luttig concludes:
Were either Sullivan or another judge eventually to decide that it would be contrary to the public interest to dismiss the prosecution or that to do so would undermine the integrity of the judicial process, that judgment could be appealed.The appeals court would then confront a novel and nettlesome question. The trial court has indisputable, but very limited, power to refuse the government's request. Here, because the government contends that the case should be dismissed because of its own confessed misconduct, and therefore the government's prosecutorial interest is at its zenith, it would be exceedingly difficult for a court to substitute its view and override the government's contrary assessment. Under our Constitution, the decision whether to prosecute to the final stages of conviction and sentence is committed wholly and exclusively to the executive branch of the government — almost.
The court of appeals should therefore proceed as follows: grant the writ of mandamus; disallow amicus briefs; have the judge select a different adviser to assist him confidentially, if necessary and the court of appeals agrees; and urge that the judge rule promptly on the motion to dismiss, explaining his reasoning in full for appellate review.Just dismiss the damn case and be done with it. As Margot Cleveland at Da Fed notes It’s Not The Trump Administration Politicizing Flynn’s Case, It’s Judge Sullivan. Lawfarers Quinta Jurecic and Ben Wittes at the Atlantic worry that Worse Than a Pardon The decision to drop charges against Michael Flynn implicates the whole justice system. Yep, from our perspective an exoneration is much better than a pardon. Their world is upside down.
There are ample grounds in the actions the district court has already taken for the appeals court to order that the government’s motion to dismiss be heard by a different judge, and it should so order.
Julie Kelly at AmGreat floats in interesting theory The Curious Flynn-Kislyak Call Gets Curiouser
It is likely that Kislyak, like so many other Obama-friendly foreigners, was in cahoots with the Democrats to entrap Team Trump before and after the election. Yes, we know the Russians really favored Hillary, and Team Obama cooked the books to find otherwise. Possible. The Russians are sneaky that way. They prefer a scenario under which they win something no matter what happens.
In his final act as DNI, Ric Grenell left behind a test for John Ratcliffe (Sundance at CTH) Ric Grenell Declassifies Wiretapped Flynn-Kislyak Transcripts, and “Other Russia Probe Origination Documents” – Leaves Release Option for Incoming DNI Ratcliffe… so we can find out how Ratcliffe is going to be from the get go.
Additionally, it appears that Grenell has declassified some of the origination documents from the CIA and U.S. intel community that were manipulated in the assembly of the Intelligence Community Assessment (an aspect of particular importance to USAO John John Durham). As we suspected Ric Grenell is leaving the decision, and timing for their release to incoming DNI John Ratcliffe.Twitchy, What’s he HIDING?! Catherine Herridge shares BRUTAL letter Richard Grenell sent Sen. Mark Warner who tried to STOP declassifying of #FLYNN docs
...a declassification that posed no conceivable risks to sources or methods, only to then request the declassification of actual intelligence reports” #MyHighlighter @CBSNews pic.twitter.com/vWQ89qBW9w— Catherine Herridge (@CBS_Herridge) May 26, 2020
Mark Warner, the Senior Senator from Richard Burr, demanded to know why Richard Grenell was publishing the names of Obama officials who had unmasked Michael Flynn.At Da Caller, Christian Datok has the canonical ‘Unclassified’ List Of Actions Ric Grenell Took As DNI To ‘Break The Deep State’. John Ratcliffe has big shoes to fill.
His response is great. His basic answers are, 1., Classification is for the protection of sources and methods, not to spare political hacks sunlight, and 2., Go fuck yourself.
Dan Chaitin at WaEx, Devin Nunes: Republicans expanding investigation into Mueller team. Matt Margolis, PJ Media Everyone Involved in the Obamagate Scandal Ought to Be Very Worried About What Nunes Just Announced. Nunes has a great reputation for being right, but a horrible one for getting anything done about. Hopefully he'll prove me wrong this time, but I doubt it.
John Solomon at JTN reviews The FBI documents that put Barack Obama in the ‘Obamagate’ narrative. Matt Margolis again, What Did Obama Know and When Did He Know It? FBI Docs Shed Light on His Involvement in 'Obamagate'
Christopher Chantrill at AmGreat, The Obama People Turned the Whole Philosophy of the American Founding Upside Down. Not Because They're Evil, but Because They're Idiots. Embrace the healing power of "and." They're evil and idiots.
Daniel Greenfield at Front Page, How Susan Rice’s Role in the Rwandan Genocide Predicted Obamagate, "A woman who can turn her back on genocide would hardly blink at spying on Republicans."
Tyler O"Neil at PJ Media recounts how Michael Atkinson 'Weaponized' Whistleblower Law to Impeach Trump, CIA Agent-Turned-Whistleblower Says. Some whistle blowers appear to be more worthy of protection than others, if Atkinson's actions are any guide.
Breitbart, Twitter Verification Purge Targets Mediaite Journalist Who Reported on Obama Spying
Twitter appears to have removed its blue “verified” checkmark from a number of users on the platform over the past few days, a purge that included Rudy Takala, a journalist for Mediaite who reported on former President Obama’s abuse of government surveillance powers.
Takala reported that Twitter removed his “verified status” an hour after he tweeted out his column about the Obama spying allegations.
Something needs to happen to Twitter. In the meantime, just assume the blue check means "certified liberal asshole."This person is the “head of site integrity” at Twitter pic.twitter.com/hyZcl5VIe0— Jon Levine (@LevineJonathan) May 27, 2020