Thread by @willchamberlain

Quick thread on the status conference in @GenFlynn's case which @jackposobiec and I just attended

Normally status conferences are boring, the lawyers just discuss briefing schedules and logistics

This was not

We saw a mini-debate between @SidneyPowell1 and Brandon Van Grack

@GenFlynn @JackPosobiec @SidneyPowell1 Context: on August 30th @SidneyPowell1 filed a bombshell motion to have the prosecutors held in contempt for failing to produce Brady material

This conference wasn't supposed to be about that, the prosecutors haven't filed an opposition

But it was

https://twitter.com/willchamberlain/status/1168249554631888898?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 Early on, Judge Emmet Sullivan made clear that he took the motion very seriously

He also noted that @GenFlynn's plea agreement would not be relevant, because that was an agreement between the parties which does not bind him

So Brady, and Sullivan's standing order, control

@GenFlynn @JackPosobiec @SidneyPowell1 When @SidneyPowell1 got up to discuss her arguments about the motion, Judge Sullivan was paying close attention

Even smiling

He was intrigued

He pushed back at times, but it was clear Judge Sullivan and Powell had great rapport

@GenFlynn @JackPosobiec @SidneyPowell1 Recall: @adamgoldmanNYT had argued ("reported") that Powell's motion "could anger" Judge Sullivan

Goldman couldn't have been more wrong

Sullivan was curious and intrigued throughout, though he was clearly reserving judgment

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT Powell pointed out a number of missing documents and Brady failures:

- failure to produce the original Pientka 302
- failure to produce Strzok/Page text messages in a timely fashion

She argued that Flynn would never have pled guilty if prosecutors met their Brady obligations

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT Judge Sullivan was trying to push Powell on whether she would withdraw Flynn's plea

@SidneyPowell1 declined to answer, but suggested that Flynn *probably* wouldn't withdraw the plea

Instead, she wants the whole case thrown out bc of misconduct

https://twitter.com/ZoeTillman/status/1171445186024497152?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT This was a very interesting moment

Judge Sullivan - ON HIS OWN INITIATIVE - articulated how some of the undisclosed Brady material would have influenced his sentencing decision

https://twitter.com/ZoeTillman/status/1171446513936912390?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT On an ominous note - Prosecutors did indeed suggest that they would "refile" their sentencing memorandum

This suggests that they are no longer going to recommend only probation if Flynn sticks to his plea

Ups the stakes considerably

https://twitter.com/ZoeTillman/status/1171448053246480385?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT Next big date is October 31st - that's when the motion hearing will be (for Powell's demand for Brady material, and whether the prosecutors will be held in contempt)

https://twitter.com/ZoeTillman/status/1171456193342033921?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT For other info, the rest of @ZoeTillman's thread is solid reporting, accurately describes what I heard in the courtroom

This is definitely one of the more fascinating cases I've ever seen in court

And the MSM's read on Sullivan has been totally wrong

https://twitter.com/ZoeTillman/status/1171439799141429249?s=20

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT @ZoeTillman Back in December, at his sentencing hearing, everyone thought Judge Sullivan hated @GenFlynn

I had a different take

I thought Sullivan was being theatrical for effect, trying to troll Flynn into withdrawing his plea, because he suspected govt misconduct

pscp.tv/w/1rmxPQEmYZMKN

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT @ZoeTillman Now, today, Sullivan couldn't wipe the smile off his face while he was talking to @SidneyPowell1

He's going to get to see whether or not his instincts were right

And if there was a failure to disclose Brady material...well, I wouldn't want to be the prosecutors

FIN

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT @ZoeTillman UPDATE:

It took a while for @adamgoldmanNYT to put his spin together but he's done it

Imagine focusing on this as the lede - and not the fact that Judge Sullivan was taking @SidneyPowell1's Brady motion very seriously

nytimes.com/2019/09/10/us/…

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT @ZoeTillman Hey @adamgoldmanNYT!

Who are these brave anonymous "criminal lawyers" you are relying on for...analysis?

And why did an @nytimes editor permit you to give them anonymity?

@GenFlynn @JackPosobiec @SidneyPowell1 @adamgoldmanNYT @ZoeTillman @nytimes Also, @adamgoldmanNYT, are you incapable of reading a transcript?

You say that Flynn's lawyers were "given" the Strzok/Page text messages before he pled guilty

Van Grack said only that Flynn's lawyers were "made aware" of the text messages

When can we expect a correction?