Now It Is Up To Us — To Be Sure We Never Again Elect Such A Wholly Corrupted Man.
December 8, 2020

Judge Sullivan’s 43 page opinion is here — and he is quite right (paraphrasing, here): the whole Flynn pardon stinks to high heaven. This is a sad day for the American experiment — the experiment that posits that we are a nation of laws, not men.

But yes, the Flynn case is now mooted — unless he is charged with crimes not related to these past four years. Here’s some of the quite approriate angst, from the able USDC judge in DC:

. . .[T]he Court finds both stated rationales dubious to say the least, arguably overcoming the strong presumption of regularity that usually attaches to prosecutorial decisions. . . .

As an initial matter, whether or not the FBI agents thought Mr. Flynn was lying is irrelevant in a false statements case. See Brogan v. United States, 522 U.S. 398, 402 (1998). And the government has not explained how evidence that the government previously stated was “consistent and clear,” Gov’t’s Surreply, ECF No. 132 at 4-5; suddenly became “equivocal” or “indirect.” With regard to the “inconsistent records” rationale, the government has not pointed to evidence in the record in this case that contradicts the FD-302 that memorialized the FBI agents’ interview with Mr. Flynn. Furthermore, the government’s reliance on Director Comey’s opinion about whether Mr. Flynn lied is suspect given that Director Comey was not present at the interview and that there are valid questions regarding the admissibility of his personal opinion.

With regard to Mr. Flynn’s alleged “faulty memory,” Mr. Flynn is not just anyone; he was the National Security Advisor to the President, clearly in a position of trust, who claimed that he forgot, within less than a month, that he personally asked for a favor from the Russian Ambassador that undermined the policy of the sitting President prior to the President-Elect taking office. With regard to the government’s concerns about the Assistant Director for Counter Intelligence’s contemplating the goal of the interview, an objective interpretation of the notes in their entirety does not call into question the legitimacy of the interview.

Finally, and critically, under the terms of Mr. Flynn’s cooperation agreement, the government could have used his admissions at trial, see Plea Agreement, ECF No. 3 at 8 ¶ 11; but the government ignores this powerful evidence. Again, under Ammidown, the Court must be satisfied that the government undertook a “considered judgment.” 497 F.2d at 620. Asserting factual bases that are irrelevant to the legal standard, failing to explain the government’s disavowal of evidence in the record in this case, citing evidence that lacks probative value, failing to take into account the nature of Mr. Flynn’s position and his responsibilities, and failing to address powerful evidence available to the government likely do not meet this standard.

Thus, the application of Rule 48(a) to the facts of this case presents a close question. However, in view of the President’s decision to pardon Mr. Flynn, Mr. Flynn’s acceptance of the pardon, and for the reasons stated in the following section, the appropriate resolution is to deny as moot the government’s motion to dismiss pursuant to Rule 48(a). . . .

[A] pardon does not necessarily render “innocent” a defendant of any alleged violation of the law. Indeed, the Supreme Court has recognized that the acceptance of a pardon implies a “confession” of guilt. See Burdick, 236 U.S. at 94 (“[A pardon] carries an imputation of guilt; acceptance a confession of it.”); see also United States v. Schaffer, 240 F.3d 35, 38 (D.C. Cir. 2001) (“[A]cceptance of a pardon may imply a confession of guilt.” (citing In re North, 62 F.3d 1434, 1437 (D.C. Cir. 1994)). . . .

We the people must do a better job of not nominating, and electing. . . crooks. Especially to the White House. Out.

With very happy birthday wishes — here this afternoon, for an adorable, vivacious baby girl! Grin!


[U X3] Disgraced Ex-Gen. / Now Mister Michael Flynn Being Sentenced…
December 18, 2018

UPDATED @ Noon Eastern: The able Judge Emmet Sullivan to Mr. Flynn (he called him “mister” not “General”!), just a second ago at Flynn’s sentencing:

. . .. . .You were an unregistered agent of a foreign country while serving as the [incoming] National Security Adviser to the [incoming] president of the United States!. . . . [Then, on to still other crimes:] . . . .These crimes occurred. . . in the West Wing [after the inaugural]!”

“Arguably this undermines everything this flag [pointing] over here stands for!. . . .

Arguably, you sold your country out. . . .” That’s gonna’ leave a mark — on the frothy right. Judge Sullivan told Mr. Flynn he might want to speak to his lawyer — about postponing sentencing — since Judge Sullivan cannot promise Flynn he won’t order a term of incarceration.

And. . . now, at Flynn’s request, there is a break until 12:30, to talk to his lawyers. Judge Sullivan apparently also asked, from the bench, whether SC thought Flynn could have been charged with treason, for interfering in Russian sanctions imposed by Obama administration. Ouch! And, there will be a delay. Bob Kelner will dig up some more “cooperation” from Flynn, since the clear hint from Judge Sullivan was that Flynn was going to jail today. Now the defense will try to convince the Judge with more paperwork, that Flynn merits a no jail time, due to his cooperation.

[End updated portion.]

A career military man — one who betrayed his country, for avarice — acting as an undisclosed agent for Turkey, then apparently, Russian interests, in Trump’s transition to power — in a conspiracy Logan Act scheme. Then he lied brazenly about it all — to the FBI. Even so, he gets substantial credit for providing early and highly useful cooperation (for justice, against Trump), so he may yet not see the inside of a federal jail cell.

A conspiracy to defraud the US, one that implicates Trump himself, directing it, from Mar-a-Lago, in late December 2016, and January 2017. [Redacted FBI 302 report here, for ease of reference.]

Apparently paying off debts (and returning “markers”, or favors) Trump himself owed to Russian oligarchs, if not Putin himself.

No graphic. This is a quite sad day for our notions of fair play, and ordered liberty.

Even so, it is proof our system is resilient and will last. Trump himself will now soon follow. [Likely related: CNN is reporting that Donald J. Trump Foundation has agreed to administratively dissolve, and liquidate, in order to avoid NY state charges, pending — resolving them by agreement, with prosecutors, it seems.]

Meanwhile, as he did a year ago — Trump threatens to shut down the government (again echoing a year ago — on the 21st Juno makes its 16th close dive, over Jupiter — half done, then on its primary mission). What a feckless coward — that 45: