Thread by @willchamberlain

Listening in, the audio is absolutely abysmal, Judge Sullivan is using an old school phone teleconference

https://twitter.com/McAdooGordon/status/1310958648676540417

Court is now in session, it sounds like there's a video feed we do not have access to, we're just getting the audio

Sullivan says he's going to "spend some time capturing the essence of the main arguments," and then he'll give everyone a chance to comment/make their arguments

Sullivan will not address either the standing question OR the question of whether Flynn could be held in contempt

Suggesting strongly that Sullivan does not believe he has that power

Also will not examine whether he had the authority to appoint an amicus

So Sullivan will focus on the question that he should have all along - that the government has moved to dismiss the case under 48(a), and whether Judge Sullivan is legally required to grant the motion (narrator: he is)

Judge Sullivan lays it out a little more clearly: he thinks there are two questions:

1) whether he can investigate prosecutorial abuse in evaluating a Rule 48(a) motion (narrator: under Fokker Services, he can't)

2) whether he can deny leave of court (narrator: he can't)

Now Sullivan is going through the case history - Flynn's guilty pleas, the sentencing, etc.

Now we're on to some legal analysis of Rule 48(a) - Sullivan is reading the rule (linked below) and characterizing the various parties' positions

law.cornell.edu/rules/frcrmp/r…

He starts with Gleeson's brief, he's framing Gleeson's argument very charitably, citing Ammidown and suggesting that the purpose of the rule is to investigate prosecutorial abuse

He still hasn't mentioned the Fokker case

To be fair - Sullivan is just restating Gleeson's arguments at this point, we'll see how he characterizes the arguments from Powell and the government

Honestly at this point nothing really that interesting has happened, Sullivan is basically summarizing the briefs

Only thing to note is that Sullivan's framing of Gleeson's arguments is pretty charitable/favorable

Ok, now he's rereading the government's arguments, and characterizing the government's arguments pretty fairly too

Seems like Sullivan is just trying to demonstrate that he understands all the relevant arguments

This is my reading as well

https://twitter.com/reeveslawstl/status/1310966760120684548?s=20

Understand - right now Judge Sullivan is just reading from a statement (almost certainly prepared by his clerks)

We haven't really gotten to the interesting part of the hearing yet

Now the government attorney is speaking with massive reverb

That attorney needs to put on his headphones

Now it sounds like aliens have attacked the Prettyman courthouse

It's literally just painful, unlistenable static

Our betters cannot handle a zoom call

The government attorney still has reverb because HE ISNT USING HEADPHONES AND HIS SPEAKERS ARE ON.

Apparently we're taking a 30 minute recess so the government attorney can learn how teleconferencing works

Ok I'm back - I missed some of the government lawyer's arguments, but now we're listening to the senior-most attorney in the DC office saying that nothing untoward happened here and explaining factually why

Now the US Attorney is going in on Strzok

Pointing out that if they were to bring this case, they would have to call Strzok to the stand to prove Flynn's false statement, and that Strzok isn't credible

Reeves also does a good job explaining how devastating Kohl's presentation was

https://twitter.com/reeveslawstl/status/1310985910117425152?s=20

Now Sullivan is on a fishing expedition

He brings up a letter from Sidney Powell to Barr from June 2019, where Powell urges Barr to dismiss the case

He suggests it was improper without any explanation as to why, and demands that DOJ provide any response Barr made

Obscene

Now @SidneyPowell is speaking, it's clear she is (rightfully) very angry about Sullivan

Sullivan demands to know whether Powell spoke with Trump about the case

Powell says she did, once, a month ago, asking Trump to not pardon Flynn and updating him on the litigation

This is the most contentious court hearing I have ever heard in my life, a complete spectacle

Powell moves to disqualify, Sullivan says put it in writing

Both Powell and Sullivan are just incredibly angry at each other and losing their patience

Now Sullivan is poo-poohing the ineffective assistance of counsel claims, saying that Covington was doing good work and diligently trying to resolve the case

Bias, bias, bias

Now Sullivan asks a bizarre question - can the government point to any case "identical to this one on all fours" to the Flynn case?

Sounds like he's trying to say "this is a totally unique situation so I can do a totally unique thing and deny the rule 48 motion"

John Gleeson's performance here is appalling

Just nothing by hyperbole and exasperation: "He's clearly guilty your honor! This is ridiculous!"

Never mind the clear explanation from AUSA Kohl, explaining why they can't prove the case

Shameful

Reminder John Gleeson is not a party to this case

He's a private citizen who just wants to see General Flynn in jail

We don't have private prosecutors in this country

And it's Judge Sullivan who's responsible for this spectacle, it's a disgrace to the judiciary