NEW: Michael Flynn's defense is trying a 'Hail Mary' legal maneuver to shut down the criminal case against him. The unorthodox appeals court petition calls Flynn a victim of a 'Kafkaesque nightmare' being gratuitously prolonged by biased trial-court judge politi.co/2Tpkg0G
Some have said DOJ never dismisses a case after a guilty plea. Flynn's lawyers cite an instance in DC from 2012: 22-defendant FCPA case that ended for some with judge-issued acquittals. 3 who pleaded guilty had their pleas dropped on govt motion politi.co/2XaOS77
case was a fairly famous #FCPA sting seen as a major blow to government. Here's a story on it by @DelWilberwapo.st/3g1kPY6
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THREAD: Just finished listening to back-to-back oral arguments at 9thCircuit on sanctions for lawyers involved in GOP Arizona gubernatorial candidate Kari Lake’s failed suit seeking to prohibit use of electronic voting machines in 2022 election. (1/X)
Bottom line: sounded like panel is inclined to uphold the $110,000 penalty on Andrew Parker and Kurt Olsen, but may lift the $12,000 imposed on famed Harvard law professor emeritus Alan Dershowitz. (2/X)
Judge Patrick Bumatay sounded sympathetic to all three sanctioned lawyers. Judge Kim Wardlaw (Clinton) seemed generally unsympathetic. Judge Ronald Gould (Clinton) was somewhere in middle, seeming inclined to uphold sanctions against Parker & Olsen, while sparing Dershowitz. 3/X
HAPPENING NOW: 1st hearing in 10 months in Trump DC election case. Judge Chutkan says she won't set a schedule for the case during this session but hopes to do so later today.
Trump has entered not guilty pleas through his defense attorneys to the new indictment in the case (which contains the same basic charges). Trump is not here today. He was excused.
Chutkan is now noting how many deadlines were days or a few weeks away when the appeal was taken by Trump and froze the case by appealing. But sounds like she isn't inclined to give Trump a ton of time beyond what was left then. That's her baseline.
JUST IN: Epic benchslapping of TX Atty General's office by USDJ David Ezra at hearing he called to chastise them for an unusual letter they sent to 5th Cir. Tuesday suggesting he was insubordinate. Starts p. 44 of PDF storage.courtlistener.com/recap/gov.usco…
For 2nd day in a row, GOP lawmakers hit Garland for proposing only 4 new DEA agents as Fentanyl deaths surge. But AG says real no. is 131, counting agents OK'd this year but not yet hired. Garland: 'The budget math and the actual math doesn’t always add up.'
Democrats are pointing out that across-the-board cuts GOP would impose government-wide as part of debt limit extension would actually slash spending by about 22%. Garland says: 'It would be devastating for our efforts to combat drug trafficking. Totally devastating.'
Garland says that would lead to 11,000 jobs at FBI being eliminated.
ON STAND NOW at Proud Boys trial as defense witness: S. Fla. rabbi Former Proud Boy George Meza. Meza on his exit: 'We in some way turned on each other and I was voted out of the club.' But generally presenting a flattering view of Proud Boys & their ideology
Meza says Proud Boys rules barred those 'currently identified' as white nationalists. They're kicked out 'or they're supposed to be,' he says
More Meza: 'The average minority, the average foreigner felt very comfortable around the proud boys because we put our lives in danger to protect them.'