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You're about to hear a lot of something you've heard once before (remember Ukraine?): "Read the transcript! It's pitch-perfect!" But if it was so perfect, why was Pres.-elect Trump infuriated when word of it leaked in January 2017--why'd he direct Flynn to "kill the story"? /1
Because he and everyone else then knew how inappropriate the calls were and what they suggested about the Trump/Russia relationship and Trump's attitude to Russia's effort to sabotage our election.

See my Point 3 here:

justsecurity.org/70431/understa…

/2

@just_security
As I explain there, it was both procedurally and substantively outrageous--so much so that Flynn thought he had to lie to Mike Pence and Sean Spicer about it--and even to the FBI, knowing that they knew he was lying! This call was just *hours* after the U.S. issued sanctions.
Just to prepare you for what's to come: *No one* in the Trump 43% or the GOP will be troubled by this. And *that's* the problem (not that Flynn committed a 1001 offense). See the final four grafs of my post:

justsecurity.org/70431/understa…
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Marty Lederman
@marty_lederman
Wait a sec: The reason her obsessive, multi-year coverage of the so-called "campus culture wars" (hmm: "wars" on campus; "war" in the NYT) "always mattered" was that one day, years later, part of the NYT staff would be upset because @nytopinion chose to publish, ...
... from among thousands of submissions, an Op-Ed by the most belligerent member of the Senate--someone hardly lacking for fora--urging an "overwhelming" and (probably) unlawful use of military force in the midst of a public uprising to protest . . .
... police violence against African-Americans? An Op-Ed that had the audacity to invoke 1957 Little Rock as an analogy?

Boy, she sure was prescient.
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Marty Lederman
@marty_lederman
Judge Sullivan's brief to the D.C. Circuit in the Flynn case.

justsecurity.org/wp-content/upl…

@just_security
This brief doesn't really get into the most important questions relating to Flynn--namely, whether his conduct (and the President's) respecting Russia and Turkey was problematic; whether DOJ, the FBI and the IC had reason to be alarmed by, and investigate, it; and ... /2
... why AG Barr now insists that Flynn did nothing problematic and that the FBI had no basis to investigate the threat he possibly posed. For much more on all of that, see my post from last week:

justsecurity.org/70431/understa…

/3
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Marty Lederman
@marty_lederman
@kewhittington, I agree with your primary point, namely, that the Court will (& should) be less deferential if a Governor leaves restrictions in place for many months on end, w/o reassessment. But of course they won't do--and aren't doing--any such thing: /1
The Governors are adjusting the restrictions virtually weekly as the evidence and medical needs change. As Roberts wrote, it's very dynamic.

Three objections, however:

First, Kavanaugh wasn't "raising real issues." He made unfounded assertions, ... /2
... such as that there was discrimination against church gatherings, when in fact California was treating churches more favorably than most such analogous gatherings. /3
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