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@jgeltzer @jentaub 43/ Judge Griffith asks "what if court concerned about favoritism, the court can't ask about that?" Answer from DOJ: no. Pretty convenient. Pretty antithetical to what criminal rule says and is about.
@jgeltzer @jentaub 44/ J Millett again showing her firepower, saying Wall's rule would mean Judge can't inquire even if he is being lied to?Wall says judge can have disciplinary proceedings, but under Qs, admits he's not sure judge can do that. So, Millett says, judge has to dismiss even if lied to
@jgeltzer @jentaub 45/ Judge Pillard begins q powerfully: We agree DOJ gets massive deference, but massive cloud here. Trial judge agreed w/sentence for Flynn due to what DOJ asked for, and now you are flipping it, saying "never mind." Rule 48 requires leave of court, the judge has to participate
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Neal Katyal
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@jgeltzer @jentaub 47/ Judge Wilkins says basically you are saying judge can't inquire into anything except if the defendant is counseled. Even if the US Atty on videotape taking a suitcase of cash to dismiss a case? Wall tried first to distort hypo, but ultimately admits, judge can't do anything
@jgeltzer @jentaub 48/ That is a really extreme position. This is what Trump has done to our DOJ, backing them into such absurdities. There is no way the DC Circuit would ever accept this legal view.
@jgeltzer @jentaub 49/ Now Wall says even if the AG is on tape taking a bribe, judge still can't inquire. Oh my.
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Neal Katyal
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@jentaub @jgeltzer 2/ Flynn's lawyer has just started, offering a lot of platitudes.
@jentaub @jgeltzer 3/ I'm not sure this is an effective way to start. I've argued before this Court many times, it's an incredibly analytic court. Cute statements get nowhere.
@jentaub @jgeltzer 4/ Judge Srinivasan asks the key q: has a court anywhere granted a writ of mandamus in something like this?
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Neal Katyal
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This 1 min clip has my take. Not a mixed bag. Serious loss for Trump. Ct (incl his own appointees) rejected his immunity args as made up. Even Cong looks like will get lots. NY case can be expedited&decided before election. Regardless, will come out after election.Scary for Trump
If courts can decide a Presidential election start to finish in 36 days, &decide the Nixon tapes subpoena case start to finish in under 4 months,it's easy for courts to decide the New York case, particularly since the SCOTUS opinion today leaves Trump with very little left to say
And the public interest is overwhelming. I can't imagine a greater case for expediting a matter than we want to avoid a circumstance where this potentially criminal info comes out after the election.
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