Thread by @McAdooGordon

Flynn case: As the argument is tomorrow, I thought I'd make some remarks. I am planning to live-tweet. I've been under the weather in the last week (still some hangover of my viral illness & a recurring back/shoulder problem I've had for many years) but I was much better today./1

There were some filings recently, which I thought I'd touch on and I'll give you a little bit of insight into how things may go tomorrow, although, as we know, unexpected things can happen anytime. 🤪/2

The hearing will be by video conference. The public can hear it by dialing in with these codes: 877-336-1839 (code 5524636); 888-363-4734 (code 6114909); 877-336-1839 (code 1429888); 877-402-9753 (code 2090166); 888-557-8511 (code 4140864); 888-273-3658 (code 1773796). /3

Judge Sullivan issued a minute order permitting retired Judge Gleeson, whom he appointed as amicus, to participate in the argument. This is unusual, but not improper & was to be expected since the point of Gleeson's appointment was to argue "the other side" from Flynn & the US./4

Although Flynn's whole team I think will participate (Hi @jbinnall 👋), I think it's likely that @SidneyPowell1 will argue the case for Flynn. How much she will argue vs. just asking Sullivan to rule on the submissions, we shall see. The strategy calls will be interesting. 👍 /5

In recent days, two new government lawyers have entered their appearance for the US. One is the Acting Principal Assistant to the DC US Attorney, which is the #2 prosecutor in the Office. The other is Hashim Mooppan, from the Solicitor General's office. So, both heavy hitters./6

So the Government is sending high up prosecutors to handle the hearing instead of just the line assistant prosecutor(s). This is not because they aren't good, but because more senior lawyers have an easier time dealing w/ a judge who might not be happy with the US's position. /7

It also signals to the judge that the position being argued is the considered position of the US, that experience & seniority have gone into the decision. This has always been the case. The left & media's love for the line, career prosecutors is a new development & silly. /8

Similar to Flynn, it will be interesting to see if the US argues anything beyond "submitting on its papers."This could be another reason for the senior lawyers.They will feel more confident doing that & won't be as easily intimidated by a federal judge, which happens sometimes./9

It's the government's motion, so they should go first; then Sullivan will likely ask Sidney for Flynn's position & then Gleeson last. In the ordinary course, the party making the motion gets to have the last word. /10

As you may or may not know, I tried a criminal jury trial in front of Judge Sullivan, which was indicted in early 2016, went to trial in early 2018 (for a month) and is still in the appellate process. So, I've argued motions - for and against - in front of him many times. /11

In general, he observes the usual process of the order of arguments & he will go back&forth w/counsel & allow parties to fully argue & respond to one another's arguments until the issues are exhausted. He's not like some judges who cut lawyers off or only let them speak once. /12

Since this is a motion's hearing and not a plea or sentencing hearing, the normal rule would be that General Flynn will not himself speak. He speaks through his attorney. Still, Judge Sullivan could ask him directly if he understands things for example. /13

In that vein, a criminal defendant has a right to remain silent under the 5th Amendment all the way through the sentencing of a case, so Flynn would likely want to at least consult with his counsel (sometimes it's just a "go ahead" nod from the lawyer) before saying anything. /14

This is not an evidentiary hearing. There won't be any witnesses & no evidence will be introduced. This is an oral argument only. Whether Judge Sullivan will rule tomorrow I think is completely unknowable. It could go either way. He isn't required to, is the most I can say. /15

One thing I will be very interested to see is the argument by Gleeson & any dialogue between him & Sullivan. Gleeson's pleadings are all unhinged. He even mentions Roger Stone's case & the firing of the US Attorney (Berman) in NY recently. It's mental. /16

It's getting late, so I'll leave you guys for now. See you tomorrow at 11 am! /17