,
24 tweets,
5 min read
Read on Twitter
The cameras largely disappeared at the DC federal courthouse after Mueller wrapped up his investigation, but they're back today – Michael Flynn is due for a status hearing at 11. First up, though, there's a hearing at 9:30 on how John Hinckley is doing, if anyone is interested 
In court this morning, John Hinckley's lawyer said they're going to be moving in the near future (no definite timeline) for full, unconditional release — he's been out of St. Elizabeth's Hospital for several years, but with a number of conditions re: his movement and treatment
Hinckley's lawyer said one of the things they're considering is that he might want to move out to California at some point to pursue a job in the music industry — music therapy has been a big part of his treatment in Virginia
Nothing has been formally proposed yet — it might start with a request to remove some conditions, followed by a push for no conditions. The govt said it would wait to see what exactly is proposed, but would have some concerns about a dramatic change w/out a new risk assessment
Re: the idea that Hinckley might want to move to CA to pursue a career in the music industry, for instance, the lawyer for the govt noted that was one of Hinckley's aspirations at the time of the "underlying offense" — that is, when he attempted to assassinate Reagan in 1981
Any potential future disagreements over changing Hinckley's release conditions aside, however, a common theme at court hearings in recent years has been his compliance with the conditions in place, the lack of manifestations of danger/mental illness, and progress in treatment
Next steps: Hinckley's lawyer said they'll file something re: a request to change his release conditions, at which point the govt can respond and the judge will decide how to proceed (Hinckley was not in court today, fyi — he hasn't come to status conferences in recent years)
Okay, this thread is now shifting back from a John Hinckley update thread to a Michael Flynn status hearing thread.
Flynn is due in court at 11am. For a refresher on the new accusations of prosecutorial misconduct his lawyers raised in a recent filing:
Flynn is due in court at 11am. For a refresher on the new accusations of prosecutorial misconduct his lawyers raised in a recent filing:
We're not expecting much about Flynn's misconduct claims (but you never know) — the judge issued an order saying he'd set a briefing sched and separate date for args on that at today's hearing. We do expect to hear about the disagreement re: whether he's ready for sentencing
For background on the government saying they think Flynn is ready for sentencing and Flynn's lawyers saying he's not (they all agree he's done cooperating):
Michael Flynn's status hearing is underway, US District Judge Emmet Sullivan is on the bench
Sullivan begins by saying he will be setting a sentencing date for Flynn today, and then takes a step back to go over how we got here re: status updates in recent months
Re: Flynn's request for Brady material — the judge notes that Flynn's plea deal said he forgoes any right to pursue additional discovery from the time he entered the plea, but says that's not binding on the *court* and that it doesn't absolve the govt of its Brady obligations
If there are classified materials at issue (the govt says there aren't any it's required to disclose), the judge said he'll have to consider whether it's relevant and helpful to Flynn's sentencing. But again, he's not going to get into that today, they're discussing a schedule
Flynn's lawyer Sidney Powell starts to touch on some of their arguments for what Brady info they believe was withheld, such as the Strzok/Page texts — the judge presses her a bit on relevance, and she says it goes to their broader argument of govt misconduct
NOW: Judge asks if this is headed towards Flynn moving to withdraw his plea. Powell says she can't say exactly where it's going, but likely not a motion to withdraw his plea — rather, she says they would show the whole prosecution should be dismissed for "egregious" misconduct
Sullivan pushed back as Powell started to argue that there was evidence exonerating Flynn of being a Russian agent or or Logan Act violation, noting he wasn't charged with any of that and questioning the relevance...
...but the judge then notes that at sentencing judges consider benefits a def already received as part of plea, and if there was evidence Flynn didn't commit certain crimes that he wasn't charged with as part of a plea deal, that might be relevant (i.e. FARA violation)
In response to Flynn's arg about not getting Strzok/Page texts, prosecutor Brandon van Grack says that before Flynn's first guilty plea in Dec 2017, the govt *did* tell him that such comms existed and that they showed a preference for a presidential candidate
Van Grack says that means Flynn was aware of the Strzok texts *before* the public was. He then says that before Flynn's second time entering his guilty plea, the govt made him aware of the remaining text messages and turned over certain texts that weren't available to the public
Van Grack also says that re: args about being a Russian agent or Logan Act violations, that is not what Flynn was charged with or what the case is about - it was about Flynn lying to the FBI about certain communications with Russia
Sullivan asks if the government stands by its earlier sentencing representations. Van Grack says they'll refile something when it's appropriate — which is very different from saying they stand by what they said before
The hearing is over. Where things stand schedule-wise:
- Tentative sentencing date for Michael Flynn on Dec. 18, but that could change
- Govt's response on the Brady issues due in two weeks, Flynn's reply due Oct. 15 (all filings need to be in by noon), no date set for arguments
- Tentative sentencing date for Michael Flynn on Dec. 18, but that could change
- Govt's response on the Brady issues due in two weeks, Flynn's reply due Oct. 15 (all filings need to be in by noon), no date set for arguments
Correction, there is a hearing date for the Brady issues raised in Flynn's case, Oct. 31. The judge just issued an order laying out all the dates discussed at today's hearing
