Judge Sullivan is making a point to say ‘sentencing’ phase had ‘already began’ for Mike Flynn when the motion to dismiss was made. Flynn plead guilty and was being sentenced when DOJ argued they didn’t think they could prove he lied. 🤔
Sullivan seems concerned with ‘politically motivated dismissals’. That is the very issue at the heart of the case before him. He uses Judge Gleeson’s concern about not eroding integrity of the judiciary. Says rule 48a is not to serve as a rubber stamp for prosecutor decisions.
For broad definition and up to speed purposes, rule 48a has to do with the judge dismissing case the prosecution no longer wishes to bring. It’s more than that, but just level setting for today.
Judge Sullivan says the leave of court (48a) turns on two reasons: Textual reasons or proof positive of prosecutorial misconduct.
Gleeson basically argues you can’t be corrupt about politically motivated dismissals.
Like c’mon, what the hell are we doing here?
It sounds as though someone is live streaming this and there is crazy cross talk on the phone line.
Just as the judge wraps up his summation he asks if the department of justice agrees. DOJ says they agree it was ‘largely’ accurate. Judge wants to know what they disagree with. The phone cuts out. 🤬
Wondering if I try to dial back in. Might be shut out. If I stay on the line and they come back that would be great. Now hearing beeps as though some have made their decision. The longer the pause in beeps, the longer they are holding out hope for the judge to return.
I used the noodle. Called in on another phone. Stayed on the other line. No sound there either. But there are 300 of us still hanging on. #FlynnHearing
Recess called until 12:35 to address technical issues. Thank you @MMineiro_CNS
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