Glenn Kirschner Profile picture
Frm MSNBC Legal Analyst; Fmr 30-yr fed prosecutor. https://t.co/SywEUwHLwA https://t.co/0XiMAHOeMN

Sep 29, 2020, 6 tweets

Hey All. Have been listening to the audio of today's hearing in the Mike Flynn case. The first hour was Judge Sullivan presenting a thorough, compelling overview of the positions and arguments of the parties. He highlighted several times that the court is not supposed to be

a "rubber stamp" for a DOJ/prosecution motion to dismiss. The court has an important, albeit limited, role in guarding against government corruption of the criminal justice system, including politically motivated dismissals. Indeed, Judge Sullivan noted that the court has a role

in protecting the public interest. Although perhaps not 100% verbatim, Judge Sullivan noted that the judiciary has a substantial constitutional interest in maintaining the integrity of the rule of law and guarding against politically corrupt dismissals. He seemed troubled by the

fact that the previous prosecutors (pre-Barr's involvement) told the court that Flynn's lies were material and went right to the heart of the Crossfire Hurricane investigation, a factual assertion that Flynn himself swore, under oath, was true. Thereafter, Barr's prosecutors

completely flipped the script and claimed that Flynn's lies were not relevant/material to the investigation. To be clear, Judge Sullivan has made no decisions yet (and we're presently are on a break until 12:35 p.m. ET). Still, it's clear Judge Sullivan is rightly critical of

the assertions by the current DOJ prosecutors. After the break, the parties will have an opportunity to object to Judge Sullivan's overview of the case and the arguments thus far. Based on what I've heard, it seems like things are trending toward justice. Will provide updates ...

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