Thread by @nonsequitur2787

Judge Sullivan is reading the Amicus arguments right now.

#FlynnHearing

Now he is reading the government’s argument.

“The principle object of the leave of court requirement has been understood to be a narrow one, only to protect the defendant...”

“A court cannot deny dismissal...”-Fokker

“The courts generally lack authority to question prosecution’s request to drop the case”

The principle object of the leave of court requirement is to protect the defendant against prosecutorial harassment.

Even if the court believes that a refusal to prosecute amounts to abuse, it would lack any practical mechanism to force the executive to prosecute a case.

Now Sullivan is focusing on the power of the court to deny rule 48a.

Cases relied upon by amicus, Ammidown, Fokker.

Gleeson’s arguments essentially amount to the government is only dismissing b/c Trump interfered.-my opinion, not on record.

It is becoming very difficult to listen because someone has their microphone on, and endless background chatter is making my brain hurt.

MUTE YOUR DAMN MICROPHONE!

@SidneyPowell1
@molmccann
@KerriKupecDOJ

It appears Judge Sullivan is following me as he just told them to MUTE THEIR DAMN MICS!

Almost an hour into this hearing it seems Sullivan wants to make sure he reads Gleeson’s amicus brief into the record.

We’ve all read the filings, so it is odd that he has spent an hour reading the written filings into the record when he has all parties present for questioning

Gleason argues its is “doubtful” that the government can’t prove their case beyond a reasonable doubt.

How he can make such an argument is beyond ridiculous. He doesn’t know what the government has to use against Flynn, so his entire argument is absurd.

Sullivan is doing this so the MSMhas nice soundbites in which to play out of context for the casual follower of the news.

This entire reading is for one reason only.

Soundbites for the media.

Still no updates beyond JS reading written filings.

Now Sullivan is finally asking the government if they have any objections to what he has just read.

Government says they have a few points to address...

1st. Disagrees w/Sullivan about article 3 says 48a motion should be granted.

Now audio issues again

Someone needs to MUTE THEIR DAMN MICROPHONES AGAIN!

@KerriKupecDOJ
@SidneyPowell1
@molmccann

Mr. Muffon is the likely culprit. Needs to mute his microphone and call in to conference using landline.

MUTE YOUR MIC MR. MUFON!

Now Sullivan is calling a recess for 30 minutes b/c people can’t figure out video conferences.

12:35 resume.

Sidney Powell says she has a number of objections she wants to put on the record when they return.

Now Sullivan is on a hot mic...hopefully he doesn’t realize this.

Court back in session.

Government speaking.

Arguing article 3 renders dc appeals court footnote is moot.

Quoting FOKKER rule 48a gives the court NO POWER to deny motion to dismiss.

Now government counsel Mr. Cole speaking, saying in his 3 decades of experience he has never seen the government move to dismiss for current reasons.

He takes umbrage to the allegations by Gleeson that the decision to drop case was somehow political and corrupt.

Now he his mentions FBI case agent’s assessment there was NO CRIME, and that the Flynn case was designed to “get Trump” and there was no case.

Also, FBI notes revealed Flynn has bad memory.

Comey saying “I don’t know” when asked if Flynn lied in HPSCI testimony.

“We don’t prosecute people to see what sticks”.

“We prosecute when we know there is evidence of a crime”.

“We have no audio recording of what Flynn said on 1/24/2017 that false statements charge was based”

2 agents from FBI present...Pete Strzok was 1.

Mentioning texts w page

Asking about Horowitz IG reports findings.

McCabe fired after he lied.

Saying the DOJ didn’t prosecute McCabe for same charge that Flynn faces...

How can we prosecute 1 but not the other?

All witnesses have major credibility issues, we can’t call them to prove our case.

FBI agent Barnett “never saw a problem” with Flynn actions, his assessment was “no crime has occurred” and he asks Sullivan “when has our office been forced to prosecute under those circumstances “

Now Sullivan is asking about letter to AG Barr’s from @SidneyPowell1 and having his clerk retrieve it.

Now reading letter into record.

June 6, 2019

Dear AG Barr, and deputy attorney general Rosen...

The role of the United States is to seek justice.

He is excoriating Sidney Powell for her letter to AG.

He threatens her with answering to the Bar association because he claims the letter was inappropriate.

This is the reason he has been delaying for so long.

Sullivan doesn’t like the fact she wrote that letter.

When Sidney Powell interjected and said she could answer the questions now, Sullivan abruptly interrupts and shouts “I didn’t ask you!”

Sidney Powell was asked by Sullivan if he had any discussions with the President.

Powell says “I’m sorry but I can’t answer that”.

Sullivan asks why not.

She says b/c of executive privilege.

Sullivan asking how many discussions has she had with the President.

Sullivan asking Powell what specifically he discussed with the President, and was it ethically appropriate to send a letter.

Sullivan then sarcastically says “oh, so you think it was ethical”?

Now Powell is objecting to every order from the court, and the appointment of the amicus.

Powell asks for Sullivan to immediately recuse himself from the case.

💥 FIREWORKS between Sullivan and Powell.

Sullivan is shouting at Powell

Sullivan tells Powell to “put it in writing” because he’s not gonna waste everyone else’s time.

“Counsel, what’s your next point!!!!!?”-Sullivan with raised voice to Powell.

Sullivan asking government “if the court were to deny this motion...”

Also Sullivan asked Gleeson if they had ever had prior discussions w/ each other.

Forgot to add, Sidney Powell told the court that Brandon VanGrack asked Flynn to lie.

Now talking about allowing Flynn the ability to withdraw his plea.

Also saying no case in the history of this country where a federal appellate court has allowed a private prosecutor to prosecute a defendant in federal court.

Now Sullivan is repeating liberal talking points disguised a San honest query.

“Is there any other case in the history of the country that is exactly the same on all fours as this case”?

Also saying “Flynn plead guilty two times while under oath, under penalty of perjury”.

“To the best of my awareness and to the best of Judge Gleeson’s briefing, I do not believe there is a single appellate case in the history of this country, where an appellate court had upheld the denial of a rule 48 motion over the opposition, where the defend agrees...”

“On what authority could the court deny the motion without prejudice”? -Judge Sullivan

Sullivan now saying the government doesn’t care if dismissed with or without prejudice, to which government clarifies and says with prejudice.

Now Sullivan is asking if uncharged crimes would be impacted if dismissed due to other cases in which the government considered.

Discussion of conflict of interest by first lawyer regarding FARA and Rafeikien case.

The government is saying that Sullivan’s questions about materiality during Flynn plea hearing, actually made the DOJ step back and realize they had no evidence against him so they dropped the case.

I’m writing quickly while listening, so forgive the typos.

Blaming JS for 48a

Motion to dismiss is brilliant.

Basically if not for the questions by Sullivan during what was supposed to be a plea sentencing, caused the government to examine the file and realize they had no evidence & the agents involved were corrupt.

What a great response by government!!

The past 8 minutes by DOJ’S Mr. Cole have been BRILLIANT!

Reading into the record the misconduct of Comey, Preistap, Strzok, and entire Crossfire Hurricane investigation.

This is destroying Gleeson, and Sullivan.

And it’s all due to Sullivan’s initial questions at 12/2018 plea

Now Sullivan is asking why didn’t the defense file a motion for reconsideration because no Giglio/Brady material.

The judge is second guessing (yet again) why the DOJ didn’t do things another way.

In essence, the judge disagrees with the Executive branches decision making...exactly why we are here today.

“The evidence just wasn’t matching up with what’s alleged in the Statement of Offense” and that’s why the DOJ dropped the case.

Plus IG report showing corruption destroyed the witnesses against Flynn.

Mr. Cole is on Fire!

He is still discussing recent documents re: Barnett,etc

Mueller was told “there is nothing there” by FBI case agent Bill Barnett.

The DOJ is not going to prosecute an innocent man!

Despite Sullivan’s wish for continued persecution, he will be hard pressed to justify anything except dismissal.

Sullivan now addressing Peter Strozk’s lawyers letter alleging evidence produced was altered, Sullivan says he was shocked at that letter and asked DOJ to certify nothing was altered.

It seems Sullivan thinks Strozks letter was BS.

Now I’m gonna switch my opinion slightly of Sullivan...it seems he might be somewhat fair.

At least with a few of his recent comments.

Everything else makes him seem biased and corrupt.

Sullivan asked why no attorney from Mueller team didn’t support motion to dismiss, to which DOJ replied “you should not give that any weight whatsoever as career lawyers, the Solicitor General, the AG, all support it, & argued it to appeals court.

Now Sullivan is “switching gears” asking Gleeson “on what authority can the court deny motion without prejudice”?

Gleeson saying 48a motions limit judges to almost always grant without prejudice & the government has crafted an entirely different set of rules specifically 4 flynn

Now Gleeson (amicus curaie) is bringing up all the other potential charges against Flynn, and suggesting the government prosecute Flynn for Perjury and a host of others.

Gleeson is a giant POS.

SAYING W/O PREJUDICE if he grants motion to dismiss.

Gleeson claiming he has many issues he wants to address.

He says Sullivan doesn’t need evidentiary hearing.

The contempt Gleeson has in his voice is obvious.

“I can’t believe some of the things I’m hearing”

“This defendant knowingly and voluntarily and in the face of evidence that proves his guilt every which way, plead guilty not once, but twice”-Gleeson

“People can’t plead guilty and then change their plea at sentencing”-Gleeson

“What about the tweets”?-Sullivan

“You should give a lot of weight to the potus tweets”-Gleeson.

Gleeson accusing DOJ of keeping the “real” reasons for dropping case are being kept from the court.

Now he is talking about “over 100 tweets” by President Trump.

He said Flynn has powerful friends in high places...the AG & President.

Just said the Presidents remarks “got ugly”

Said Trump tweeted another “false narrative”.

Gleeson is defending the FBI’s corruption by saying the interview was designed to help Flynn!

We see yet another reason for his appointment by Sullivan...protect the dirty cops by attacking Flynn.

Lost audio.

Gleeson is such a never Trumper it’s disgusting.

He is also making many outrageous claims.

I wouldn’t be surprised if he accuses Chestnuts of being lazy, or claiming he invented the question mark.

Now Gleeson is explaining the history of rule 48A.

He is reading an opinion stating the law requires a judge grant the government’s motion despite not liking the law.

That original decision paved the way for SCOTUS to include “leave of court” provision.

“To empower courts in the rare case...the rare case like the one today...

In which the prosecution has ABUSED THEIR POWER like they have in this case”-Gleeson.

The government is scuttling the case simply b/c the defendant is a friend of the President.-Gleeson

15 minute recess...court reporter needs to pee.

Returning from break.

Gleeson left off accusing the DOJ of corruption and caving to pressure by Trump.

He also reminded the court of a host of other crimes that Flynn should be charged with.

Sullivan is asking Gleeson if he has discretion to deny.

Says he has 4 questions for @SidneyPowell1

Also tried to shut up Gleeson

Gleeson stating the importance of the governments “real reasons” for dismissal.

Again, he is hinting not so subtlety that the government is hiding the real reasons because they are corrupt.

The government is hiding behind interest of the public interest for reason to dismiss. -Gleeson

Gleeson asks Judge for ability to ramble and accuse.

Now Gleeson is offering “evidence” that he assumes is true.

He is smearing Flynn.

He is contradicting the DOJ’S evidence and claiming the Trump campaign was working with Russia.

Saying the FBI lacking proper prediction don’t matter, and they have changed the rules for Flynn.

Everything Gleeson has said is opinion, not based on evidence, and solely designed for media soundbites to interfere in the election.

He has said “plead guilty twice” about 9 times.

Again he claims the materiality doesn’t matter. False statements matter despite not mattering.

The government says they can’t prove he lied, and Gleeson says it doesn’t matter b/c he pleaded guilty 2 times.

He says Flynn lied when he said he was trying to protect his son.

He said he called Kislyak at the request of the Russian government.

Gleeson is vile.

He is actually saying the government can prove Flynn lied by saying “I don’t remember”.

He actually said this on the record. In his mind when someone can’t remember that is proof they are lying.

If that’s the case, Biden should be indicted when he forgets what he had for lunch

This guy was a federal judge. He is demanding the government tell the court their reasons for dropping the case.

That’s NOT how the law works, and that’s not separation of powers.

Now he misquotes the FBI letter from last week by saying the agent thought Flynn lied.

Any defense lawyers listening to this nonsense should review any adverse rulings made by this clearly unhinged former judge.

He is misrepresenting the law in order to prop up his claims.

Sullivan needs to shut him up & call him out.

3rd time he says issue a pardon.

That’s it.

They want a pardon.

Now Sidney Powell is up next. Facing questions by Sullivan now...

“Why did Mr. Flynn plead guilty twice while under oath”? - Sullivan to Powell

As @SidneyPowell1 was answering Sullivan interrupts and defends his actions.

She was saying he did not have counsel available and Sullivan interrupts...he is clearly biased.

Powell is saying FARA filing counsel had conflict of interest.

Brady violations all over this case.

Biden & Obama met with Sally Yates and McCabe were aware of politically corrupt prosecution.

6 mo this of investigations and they found NOTHING and they ramped up after DJT won.

Sullivan again cuts her off mid-sentence asking her for “specific Brady information” that has come to light.

Sidney cites IG report, Agent Barnett’s interview, NSL used in lieu of subpoena.

Only b/c of Jan. 5th WH meeting w/Obama, Yates, Brennan, Comey, McCabe.

Hideous abuse!

Sullivan says he was unaware why Rudy Contreras recused. Asks why nobody has filed a motion to reconsider.

Powell says that’s why they filed request to withdraw guilty pleas b/c recusal warranted in 1st, and not a proper plea colloquy done by Sullivan.

Sullivan just cut off @SidneyPowell1 again and said this!

“Well when he was before me he was under oath and he swore under oath that he was guilty because he WAS GUILTY and he asked for forgiveness”.

UTTER DISGRACE and he should not be on the bench.

Wow, Sidney Powell is pissed off at this shitty judge.

She says “the defendant would be subjected to continued harassment except this time it would be by the COURT and Mr. Gleeson his special prosecutor as opposed to the government who has absolutely clearly & unequivocally said

It would not continue this prosecution and they want it dropped, they don’t want to waste further resources on it”

Sullivan cuts her off twice during that blistering statement.

The DOJ is absolutely DESTROYING Gleeson’s Alice in Wonderland arguments.

They even defended the tweets by @realDonaldTrump saying “what if the President’s tweets were correct”?

“Is Mr. Gleeson really suggesting the government prosecute an innocent man”?

Sullivan now revisiting one thing...

His clerks must have found something.

He is desperately grasping at straws to justify denying the motion to dismiss with Prejudice.

If he grants motion, it will be without prejudice.

He is banking on a new AG and new President.

Now Sullivan giving crazy Gleeson the last word.

“Fokker not about rule 48A, but Ammidown was.

The government lawyers have their law wrong”.-Gleeson

Now he’s saying the agent interviewed last week makes them sound like “bad defense lawyers”.

He says the FBI induces perjury...

All the time.

He asks about racial bias and religious bias if the DOJ would consider bias next case. He says only this case has special rules.

He is continuously misrepresenting what the DOJ has said/done.

Now he says “there is an unspoken premise” and the government hasn’t said they wouldn’t continue to prosecute Flynn, if they don’t, it would be disrespectful to the court.

Now he defends the “Witch hunt” claims.

Says they were honorable & honest, & only reason is Trump’s Tweets

Gleeson closes by telling Sullivan he should deny the motion.

Sullivan ends hearing and says he will now take this under advisement with appropriate dispatch.

Powell asks for an urgent transcript.
Sullivan says “talk to the court reporter, I don’t get involved with that”.

Hearing is adjourned.