Thread by @DawsonSField

Judge Gleeson's Amicus Curiae brief to Judge Sullivan in the @GenFlynn case is out!
Let's break it down!

(pasted wrong link in a previous tweet)
scribd.com/document/46512…

As I have pointed to previously, the DOJ chose to not retract any of the previous filings in the case. I think to prevent the quick dismissal.
But you could argue DOJ did it to avoid saying Van Grack lied in all of those filings... Which would hurt DOJ in many future cases.

This entire brief sounds like a set up to set a precedent that courts can act to prevent corrupt DOJ officials from releasing Swamp creatures by abusing their discretion. This is only bad for Flynn if you think that is what DOJ is doing in this case, but it will be misinterpreted

LOL! This requires unleashing the evidence of how Flynn was pressured into committing perjury! Rather than quietly letting Van Grack & the Covington lawyers escape from justice!

The Background section makes the entire Russian collusion scheme relevant to the rebuttal of this. It is going to force DOJ to release all the evidence to prove why it knows Flynn isn't guilty!

Gleeson is repeating exactly what Van Grack's filings in the case allege. Filing DOJ chose to not retract, so DOJ has not yet argued that these filing were false. It also looks like Gleeson was not shown the sealed documents behind the DOJ & Powell filings...

Gleeson points to the record that shows that if Flynn was lying because he was pressured by his defense attorneys, his defense attorneys denied that in the 12/18/18 sentencing hearing too!
Must prove his Covington lawyers were lying too! Oh goody!

Section G is where it gets most interesting. If you believe Flynn (I do) this is where Van Grack attempted to get him to commit perjury to convict others as part of his cooperation. Rebutting this section requires exposing that misconduct!

Unless Sidney Powell is lying (she is not!) then her filings show us there is sealed eidence that those improprieties did occur. Including a secret 'lawyers' agreement' between Covington & Van Grack to conceal the terms of the plea deal from the court.

Again, Gleeson's statement is only quoting Van Grack's filings. Filings DOJ has not retracted or rejected (yet).

So it is still the record of the case until DOJ proves it was false...

This again requires that DOJ expose that Flynn was coerced into pleading guilty to rebut the arguments made by Van Grack!

Again taking Van Grack's word, requiring DOJ to prove that he was lying when he said there was no misconduct by the prosecution in this case...

This seems solid proof that Gleeson was not given access to the sealed evidence, he only got to see the heavily redacted evidence relied upon by Powell & Shea to reach their conclusions. I expected that would happen but Gleeson was kept in the dark about the facts.

He fails to mention Van Grack by name, but connects his withdraw from the case & the motion to dismiss. Forcing exposure of why Van Grack had to be removed from this case! If you think Van Grack screwed over Flynn, that is a good thing!

Notes that Rule 48 was adopted in response to prosecutors dismissing charges against Swamp creatures to let them escape. Which is why prosecutors now require "leave of the court" to withdraw a case...

A precedent in favor of district judges having to be convinced of the reasons for dismissals will prevent Swamp creatures at DOJ from protecting Swampy defendants. It would not hurt Flynn as he is innocent of the charges...

GLeeson's brief requires DOJ to prove that Flynn is innocent of the charges & disprove the Democrats allegation that there were "corrupt, politically motivated reasons" to dismiss the Flynn charges.

Can't wait until they get to the part of this case where DOJ has to prove "gross abuse of prosecutorial power".
Because it wasn't in the decision to clear Flynn, it was in the decisions to prosecute him for "corrupt, politically motivated reasons."

Of goodie! DOJ must prove the reasons for dropping the charges are both "real & credible".

If you think Flynn is guilty & DOJ is right to dismiss the charges, you should have every confidence that DOJ can prove that Flynn's innocence is "real & credible".

The fact that Barr's DOJ chose not to provide the reasons & underlying factual basis for clearing Flynn was their decision. It's like they set this up to expose the evidence against their will rather than volunteering it up front...

Oh no, they are going to throw AG Barr into the briar patch, making him show the evidence of the misconduct against Flynn in the sunlight! LOL!

Oh no, Rule 48 requires Barr's DOJ to prove the reasons for exonerating General Flynn are true!

As I have said all along, when there is "clear evidence of gross prosecutorial abuse" the court has authority to not let DOJ escape from exposing that abuse to the court & the public.

Before granting prosecutors leave to dismiss this case, the judge must evaluate "opposed Rule 48(A) motions by assessing evidence of prosecutorial abuse & bad fail."
Why is that important, Powell filed a opposed motion to dismiss for prosecutorial misconduct in January!

If you missed this motion which is still pending, it is to be resolved AFTER the dispute between Flynn & Covington is resolved.
So DOJ opposes dismissing the case for "Egregious Government Misconduct" but wants to drop it on the materiality issue.
courtlistener.com/docket/6234142…

DOJ could have joined Powell's motion to dismiss for misconduct making it an unopposed motion that would prevent this Rule 48 issue. But would require that DOJ & judge confirm that misconduct occurred!

It is time to prove that @GenFlynn has been the victim of prosecutorial harassment since 2017!
Unless you think Flynn is guilty, I can't fathom why you would not want DOJ to be forced to prove in court that Flynn was harassed by Van Grack & other by prosecutorial misconduct.

Do you want DOJ to disprove the allegation that Flynn's case is getting dismissed "solely on the fact that Flynn is a political ally of President Trump"?

I do!

If DOJ really wanted this case dismissed, they would have withdrawn Van Grack's filings which constitute law & facts of this case.
Give us the real & credible reasons AG Barr!

The primary means to prove why Van Grack decided it was material is to expose what lead him to decide it...
Can't wait to have sunlight on what drove Van Grack to pursue Flynn so zealously...

Come on AG Barr, prove why this wasn't material & why the entire Russia investigation was not a proper exercise of prosecutorial power!

Please!

Gleeson is almost begging Barr to prove the entire Russia investigation was pretextual in order to expose that the interview of Flynn was pretextual!

This points to 2 issues that need to be brought in, one that more intrusive measures like electronic surveillance were being used without a valid investigation.
Two exposing that the case closure memo wasn't abandoned, the finalized version was illegally buried to continue case.

Yes the DOJ did imply that the purpose of the Flynn interview was getting Flynn to lie!

Wait until they prove it in court, we've already seen Priestap's notes & know that Jensen's sealed filing convinced DOJ & Powell of that & more!

DOJ must disprove Van Grack's filings that Flynn's alleged lies go to the 'heart' of the Russia inquiry. Why did DOJ not do this in their motion to dismiss or a motion to retract the previous filings.
Without that, Court is forced to decide on conflicting DOJ assertions of fact.

Can't wait to see exposure of all of the other parallel codename cases!

Sounds like Tim Shea had evidence that purpose of the Flynn interview had nothing to do with the Russia investigation. Gleeson has set this up on a tee for DOJ to prove there was a different purpose to the interview!

Gleeson's filing repeatedly forces DOJ to prove that Van Grack's filings with the court were false.

This shifts the motive from DOJ just said it, to the Amicus demanded that we explain how many lies were told to the court over the past 3 1/2 years.

This may be the biggest opening on the case! Gleeson makes Comey's memos relevant to the rebuttal to this briefing. The "let this go" memo is very important because the classified reasons that Trump suggested Comey let it go have never been revealed, yet!

If you're not aware, Comey left the classified information out of this memo so that he could claim he was not hiding classified information at his home. But the classified reasons Trump provided (likely Flynn's work for DIA) will show why Comey let him go.

https://twitter.com/DawsonSField/status/1167118791223971842?s=20

I believe that McCabe moved forward using Comey's memo #4 as his evidence of obstruction, never realizing that Trump & Comey both knew there was a covert operation by Flynn. McCabe's haste to get Flynn lead him into an ambush opening an obstruction case on 5/10/17.

Then on 5/11/17, McCabe testified to the Senate that he had no evidence of an effort to obstruct the FBI's investigation. So either he opened the case without evidence or he committed perjury.

https://twitter.com/DawsonSField/status/1097865953034072067?s=20

Another invitation to prove that Flynn's statements were not false, I have theorized that the FBI transcript or summary of the calls used in this case differed from the DNI transcripts. That either McCabe or an FBI Intel analyst edited the transcript to make it look like he lied.

As I have said, clearing Flynn will require DOJ to prove that Flynn was coerced into his confession & guilty plea. Proving it in open court!

Looks like it may also require DOJ to prove why the agents' notes & 302's aren't evidence of Flynn's guilt either!

This is easily dismissed by proving that the 302 is not accurate... Even better if they prove why!

Very important footnote, Gleeson asks Sullivan to get the transcripts of Flynn's discussions with the SCO about the phone calls.

Would be a shame for the prosecutors if his interviews before the guilty plea were exculpatory! Especially if they didn't hand them over under Brady!

Oh goodie! Gleeson wants DOJ to explain why it found that FBI records were inconsistent!

Can't wait to see that!

Gleeson tries to dismiss Comey's statements that DOJ used as part of their exoneration of Flynn.

GLeeson falls for the: But how can the agents not be telling the truth about his lying if they also told the truth that they didn't think he lied issue.

As always the court has to rely upon the facts in evidence before the court. At this time, DOJ has not rebutted or retracted ANY of the facts Van Grack used in the prosecution of the case. This means they have to put up the evidence to actually exonerate Flynn.

Gleeson claims DOJ's new findings are just 'assertions'. Which clearly means he was not provided the report from Jensen filed under seal that the DOJ used as factual evidence to reach those assertions.

This is getting good! Gleeson recommends denying the motion on the grounds that the Motion to Dismiss is Gross Prosecutorial Abuse. That will surely force DOJ to prove the above points are based upon ignorance of the evidence.

This makes the ruling on this motion put up or shut up time! Either DOJ conducted Gross Prosecutorial Conduct in prosecuting Flynn or they did it while trying to clear Flynn!

I am 100% certain what the evidence will show!

Let's prove in open court why President Trump asked FBI Director to let Flynn go!
Let's prove why @realDonaldTrump wants this injustice to end!
They are begging DOJ to do it!

Gleeson then uses Trump's tweets on the case to highlight his feelings on the case! Including how great it was that he dropped the Swamp creatures at Covington & hired Sidney Powell!

Oh gee, going to force DOJ to prove that the President's tweets were true! Fantastic!

I expected that Judge Sullivan would share the sealed evidence with Gleeson which would lead Gleeson to conclude the perjury by Flynn was justified. That did not happen, so Gleeson has taken a move I did not expect with the perjury issue.

Instead of saying it was justified, or calling for a show cause where evidence would be heard, he has declared that based on the record (which DOJ hasn't fixed yet) that Flynn is guilty of perjury. Instead of a fresh charge it should go onto his current sentence...

Gleeson, who has not seen the underlying evidence, is assuming that the DOJ filings by Van Grack are accurate & thus Flynn's 1/29/17 claim of being pressured to lie to the court, was perjury!
This forces proving which was true & which was the lie!

Proving his Motion to Withdraw his plea was true, requires proving that his earlier statements were false & coerced.

This requires proving that Flynn was coerced, threatened & pressured into make the earlier false statements! They will have to prove that threats were made. Threats Judge Sullivan knows exists from the sealed evidence...

We know the lawyers are guilty of this, because Powell got the evidence from Covington that they pressured Flynn with threats against his son, then the lawyers conspired to hide that from the court! They must prove which statement was true & Powell & the judge have the evidence!

Gleeson brings in the adequacy of Flynn's representation by Covington & Burlington, which should force a ruling on Sidney's January motion accusing them of misconduct in representing Flynn. You can't say they represented their client will once that is revealed.

Of course Gleeson also blames Flynn saying if he did plead guilty to a crime he didn't commit, he obstructed the court & allowed an injustice of a false guilty conviction to occur.

Yeah, that is what Van Grack & Covington coerced him into doing!

Ah, but why was Flynn lead to believe that pleading guilty for a crime he did not commit was the best that he could do at the time in November 2017? His Swampy lawyers.

As you can see, until Judge Sullivan clears Flynn of perjury in the January statement, he can't use Flynn's statements against the attorneys involved in the misconduct. The 'record' established by Van Grack will always take precedence until DOJ corrects the record w new evidence.

This invites proving that Flynn did not make a "trumped-up accusation of government misconduct..."

The misconduct by Van Grack was real & DOJ has left it as the record of the case. That must be corrected...

Gleeson wants Sullivan to sentence Flynn on the assumption of perjury, without giving Flynn a chance to defend himself on this charge.

Let's move to the evidence...

One of these days...