Josh Gerstein Profile picture
Sep 29, 2020 6 tweets 1 min read Read on X
Long-awaited hearing in Michael Flynn case is underway by video before Judge Emmet Sullivan. It's been 54 weeks since the parties went before him. Last big ruling in the case came last month from en banc DC Circuit politi.co/3jyuTIS
Judge says issue isn't whether case should proceed to sentencing. "Sentencing has already commenced," Sullivan notes. Such hearing took place in December 2018 and was continued...
OK BIG: Judge says Flynn 'elected not to fully cooperate with the government' last year. Flynn's position is that he did cooperate and the government decided to drop him as a witness at his business partner's trial
Sullivan again calls Gleeson a 'retired federal judge.' He's a former federal judge. Did not retire. Just quit.
Judge just declared a 25-minute recess due to technical issues and massive reverb. Just before the break, Flynn lawyer Sidney Powell indicates she doesn't agree with several points in judge's lengthy summary of the sides' arguments.
'I do have a number of objections I'd like to put on the record when we return,' Powell says. [I bet the claim he failed to cooperate last year is one. DOJ hasn't even really argued that.]

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More from @joshgerstein

Dec 20
I happened to be only reporter (far as I can tell) at detention hearing for @GeorgeMasonU student Abdullah Hassan, accused of plotting attack on Israeli consulate in NY. Magistrate judge ultimately ordered him detained pending trial. Thread 🧵
Hassan came in wearing the standard dark green Alexandria Detention Center jumpsuit. Says "Alexandria Inmate" on the back. He's strikingly skinny and young.
FBI Agent Tyler Ellefson says FBI ran a source at Hassan & Hassan urged source to mount a shooting attack on the Israeli consulate. The men discussed online weapons, tactics, getaway and specifically targeting the the lobby, he says.
Read 15 tweets
Sep 11
THREAD: Just finished listening to back-to-back oral arguments at 9thCircuit on sanctions for lawyers involved in GOP Arizona gubernatorial candidate Kari Lake’s failed suit seeking to prohibit use of electronic voting machines in 2022 election. (1/X)
Bottom line: sounded like panel is inclined to uphold the $110,000 penalty on Andrew Parker and Kurt Olsen, but may lift the $12,000 imposed on famed Harvard law professor emeritus Alan Dershowitz. (2/X)
Judge Patrick Bumatay sounded sympathetic to all three sanctioned lawyers. Judge Kim Wardlaw (Clinton) seemed generally unsympathetic. Judge Ronald Gould (Clinton) was somewhere in middle, seeming inclined to uphold sanctions against Parker & Olsen, while sparing Dershowitz. 3/X
Read 8 tweets
Sep 5
HAPPENING NOW: 1st hearing in 10 months in Trump DC election case. Judge Chutkan says she won't set a schedule for the case during this session but hopes to do so later today.
Trump has entered not guilty pleas through his defense attorneys to the new indictment in the case (which contains the same basic charges). Trump is not here today. He was excused.
Chutkan is now noting how many deadlines were days or a few weeks away when the appeal was taken by Trump and froze the case by appealing. But sounds like she isn't inclined to give Trump a ton of time beyond what was left then. That's her baseline.
Read 11 tweets
Aug 7
JUST IN: Epic benchslapping of TX Atty General's office by USDJ David Ezra at hearing he called to chastise them for an unusual letter they sent to 5th Cir. Tuesday suggesting he was insubordinate. Starts p. 44 of PDF storage.courtlistener.com/recap/gov.usco…
Samples:


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He's not done yet


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Read 5 tweets
Mar 29, 2023
For 2nd day in a row, GOP lawmakers hit Garland for proposing only 4 new DEA agents as Fentanyl deaths surge. But AG says real no. is 131, counting agents OK'd this year but not yet hired. Garland: 'The budget math and the actual math doesn’t always add up.'
Democrats are pointing out that across-the-board cuts GOP would impose government-wide as part of debt limit extension would actually slash spending by about 22%. Garland says: 'It would be devastating for our efforts to combat drug trafficking. Totally devastating.'
Garland says that would lead to 11,000 jobs at FBI being eliminated.
Read 12 tweets
Mar 24, 2023
ON STAND NOW at Proud Boys trial as defense witness: S. Fla. rabbi Former Proud Boy George Meza. Meza on his exit: 'We in some way turned on each other and I was voted out of the club.' But generally presenting a flattering view of Proud Boys & their ideology
Meza says Proud Boys rules barred those 'currently identified' as white nationalists. They're kicked out 'or they're supposed to be,' he says
More Meza: 'The average minority, the average foreigner felt very comfortable around the proud boys because we put our lives in danger to protect them.'
Read 19 tweets

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