Judge Sullivan says DOJ's reasons for seeking to dismiss its case against Mike Flynn "appear pretextual, particularly in view of the surrounding circumstances."
Sullivan rejects DOJ's argument that Flynn's false statements weren't "material" to any investigation. He says they plainly were. (It's unusual for a district judge to take a more expansive view of what's illegal than DOJ does, but this is an unusual DOJ argument.)
Sullivan says DOJ doesn't use this standard in other cases, making the point that the government's legal arguments in Flynn's case is "perplexing" and appears to be a rule that applies to his case alone.
Sullivan: "Where, as here, the government justifies its motion by ignoring applicable law to now question the strength of its case, substantial doubt arises about the government's stated reasons for seeking dismissal."
Sullivan he is skeptical that Flynn, "the National Security Adviser to the President, clearly in a position of trust, who claimed that he forgot ... that he personally asked for a favor from the Russian Ambassador that undermined the policy of the sitting President."
So, as everybody expected, Judge Sullivan says the DOJ was full of it when the government argued this year that it needed to drop its case against Mike Flynn, but President Trump's pardon means the case is now over. courtlistener.com/recap/gov.usco…
Judge Sullivan pretty clearly thought that the Justice Department's stated reasons for dropping the charges against Mike Flynn were "pretextual" and this was basically a political favor to President Trump.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Pennsylvania has filed its response to Texas' Supreme Court lawsuit. Texas, it says "added its voice to the cacophony of bogus claims. Texas seeks to invalidate elections in four states for yielding results with which it disagrees."
Pennsylvania: "What Texas is doing in this proceeding is to ask this Court to reconsider a mass of baseless claims about problems with the election that have already been considered, and rejected, by this Court and other courts."
Wow: Pennsylvania says Texas' request to invalidate its election is a "seditious abuse of the judicial process" and urges the court to "send a clear and unmistakable signal that such abuse must never be replicated."
"Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona’s 2020 General Election."
Judge Humetewa says the lawsuit seeking to overturn Arizona's presidential election result is "sorely wanting of relevant or reliable evidence."
Now President Trump has moved to intervene in Texas' Supreme Court lawsuit seeking to overturn the results of the presidential election in four states to keep Trump in power.
Trump's motion is to intervene so he can file his own complaint against the various states. This would basically undermine the entire premise of filing at SCOTUS, since he can -- and has -- litigated these issues in the various states. And lost.
Trump's brief argues that many Americans now mistrust the outcome of the presidential election. He has indeed worked hard to undermine that confidence, repeating a boatload of misinformation to persuade Americans he didn't lose the election he actually lost.
Seventeen states filed a brief in the Supreme Court just now in support of Texas' request that the justices throw out the results of the presidential election in four other states that didn't support President Trump.
Here's the amicus brief, which is led by Missouri.
This is the product of a lot Republicans in a lot of states using their offices to try to throw out the votes of millions of people in other states who failed to support President Trump. supremecourt.gov/DocketPDF/22/2…
A lot of this brief is people in glass houses casting stones. It argues that allowing absentee ballots to arrive after Election Day undermines faith in democracy. But Kansas and Mississippi, which both signed on, also count mail-in ballots that arrive late.
Sidney Powell & Co. told a federal court today they want to seal the identity of the mysterious witness they codenamed "Spider" (despite accidentally revealing his name by not redacting their PDFs correctly).
Even opposing wouldn't get to know Spider's true identity.
They also want to make sure the public never learns the true identity of an "expert" who "opines at great risk to himself" about various statistical tests.
It's sweet to give witnesses cool codenames and stuff, but I don't know how you can possibly move to seal somebody's declaration -- especially your cybersecurity expert! -- when you've already done this: courtlistener.com/recap/gov.usco…
This is the Supreme Court order denying the request by Rep. @MikeKellyPA and others to invalidate Pennsylvania's presidential election. That's the whole thing. It was denied by the full court with no public dissents.
Perhaps the justices had not yet seen the glowing-eye meme.
The case Rep. @MikeKellyPA and others filed remains notable for the fact that a U.S. Congressman sought - unsuccessfully - to invalidate the votes of millions of people in his state in the hopes that his preferred candidate would win the presidency.