Here we go! Flynn hearing

Sidney Powell (Flynn's lawyer): She says she's here to stop an "impermissible intrusion." She says this is a "clear abuse of discretion" and that Judge has no power to do anything further in this case.

1/
Judge Wilkinson disagrees with Powell. Citing a case called Rinaldi. While there is a presumption of regularity, it's okay to look behind the DOJ's filings.

She is also citing Fokker (which can be distinguished too)

2/
Powell said Sullivan can only look at face of documents that were filed. She says he cannot consider amicus filings (such as the one from Gleeson that was so damning).

3/
Let me note that Wilkinson was appointed by Ronald Reagan. He is very tough on Flynn's lawyer, Sidney Powell.

4/
She claims there is no "case or controversy."

Wilkinson asks Powell whether Judge Sullivan's not granting the motion is sufficient grounds to justify mandumus.

She dodged the question

5/
So you believe that Fokker which was not even a 48A case undermines the other precedent? So did SCOTUS get it wrong in Rinaldi and Thompson?

She said no, but that the record was "well-documented of prosecutorial misconduct" and withholding of Brady evidence.

6/
🔥Powell said "He doesn't have the authority to appoint an amicus. . .Of course he can look at the materials before him."

Boom! Wilkinson replied: sounds like you have an alternative avenue for review. Wait for him to deny your motion, and then appeal to us.

7/
Powell is complaining about 72-page brief and how her client has to pay her legal fees.

8/
Judge Henderson now said wait. Judge Sullivan will probably issue an opinion in July.

"You also know the courts have said he's not merely a rubber stamp either." She said there's nothing wrong with him holding a hearing "before he takes action."

9/
By the way Judge Karen Henderson was appointed by George W. Bush.

10/
She is complaining "to make us go through that process" is unfair and a waste of resources. And said it's "irreparable harm" on defendant.

Henderson says, just wait until July

11/

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More from @jentaub

Jan 17
Days before HLS commencement in 1993. Legally blonde before it was a thing.
I think you took this photo @harlan1968
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Another detail. Rachel reminded us of Donald’s unhinged statement from December happened within days of attorneys meeting with Fulton County prosecutors Image
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Fantastic speech by @VP Harris

"January 6 reflects the dual nature of Democracy; it's fragility and its strength. The strength of Democracy is the Rule of Law . . .that elections should be free and fair, that corruption should be given no quarter. . .it empowers the people."

1/
"And the fragility of Democracy is this; if we are not vigilant. If we do not defend it, Democracy simply will not stand. It will falter and fail."

2/2
Also, moving, evocative, powerful speech from @POTUS Biden. We will be listening to this again and again in the days and years to come.

Great nations "don't bury the truth, they face up to it. We are a great nation."



3/
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Jan 6
I trust Merrick Garland. Words matter to him. He gave us his word.

Here are the key promises and priorities I heard:

"Those involved must be held accountable, and there is no higher priority for us at the Department of Justice."

1/
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🩸Jury found Elizabeth Holmes guilty on three counts of Wire fraud and one count of conspiracy to commit wire fraud (18 U.S.C. 1343 and 1349 respectively).

We cover both offenses in my Corporate & White Collar Crime casebook (and class).

nytimes.com/live/2022/01/0…
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Looks like a bubble. We have been here before. “The only people to walk away unscathed are the big guys. . .If you put your money in Stablecoin, there’s no guarantee you’re going to get it back” — @SenSherrodBrown

banking.senate.gov/hearings/watch…
And Senator Toomey offers up what sounds like industry talking points. Years from now, when all this comes crashing down, pundits will say “no one saw it coming” and the taxpayer-backed bailouts for the big guys will commence

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Our first witness is @alexisgoldstein. Today stablecoins are traded, not used for purchases. Hard to redeem and convert to cash. Have no benefit for financial inclusion. Fees add up if you want to send to a friend or another wallet

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