This AM's program: Mark Zuckerberg, @SenatorLankford @SenMikeLee, @RepGallagher and @jonathanvswan of @Axios. Also talking the Writ if Mandamus filed on behalf of General Flynn in the D.C. Circuit: documentcloud.org/documents/6894… That's the second most powerful court in land. 1
It is also my old court, and I have no doubt that the D.C. Circuit of 1983-84, full of "old school" law-and-order conservatives like my judges George MacKinnon and Roger Robb, and civil rights champions like Skelly Wright, David Bazelon and Spottswood Robinson, plus "new" style 2
judges named Bork, Edwards, Ginsburg, Mikva, Scalia, Starr, Wald, and Wilkey. Any 3 would grant writ, remove Judge Sullivan from General Flynn's case. D.C. Cir. of my era wasn't known for 3-0 decisions, or even lopsided en banc opinions, but its judges believed in real justice. 3
What Judge Sullivan is doing to General Flynn, like what the FBI and perhaps others did to him, is a stain on the federal justice system --investigators, prosecutors and judiciary all. The proceeding is now a circus of sort we associate w/ show trials, disappearing defendants. 4
The more quickly the Circuit moves the louder the message it will send that rogue agents and over-zealous prosecutors are rare exceptions and that innocent defendants should not despair of justice finally arriving, even if it takes years.
