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June 12, 2020

Two of the Judges in Sullivan Hearing Appear Relunctant to Stop the Rogue Judge's Calvinball Inquisition

The judges are the ones appointed by Obama (of course) and George H.W. Bush (also of course).

This is the Washington Post, and it is a highly biased source and is unprofessional enough to let its political rooting interests influence its "analysis" of the hearing, like an 8 year old cheering his favorite baseball team.

But the quotes (assuming they're accurate) do seem negative for Flynn and his lawyer Powell.

Of course, this could always be judges employing the Devil's Advocate style of questioning, but this seems a little too committed to a specific position to be that.

But also note -- this is just one brief back-and-forth. It doesn't tell us about other questions they might have asked.

Also, the judges are hearing Powell's arguments-- so they're interrogating her.

This doesn't mean that they won't have some tough questions for Sullivan, when he argues his case -- whoops, he's a fucking incompetent idiot so he's hired a high-price attorney to explain his reasoning to the court for him -- when she argues his case to the judges.

"If Judge Sullivan had just kept this motion waiting and languishing, that’s one thing," Henderson told Flynn attorney Sidney Powell. "But he has set a hearing for mid-July. For all we know, by the end of July he will have granted the motion. You also know courts have said he's not a 'mere rubber stamp' either. There's nothing wrong with him holding a hearing -- there’s no authority I know of that says he can't hold a hearing."

Wilkins agreed, citing two cases in which he said the Supreme Court upheld the authority of federal judges "to perform an independent evaluation" before granting a government motion to drop a prosecution.

"You're saying the Supreme Court got it wrong," he asked.

A court can always conduct an "evaluation" -- and make its own judgement based on the motions and filings already submitted.

No one doubts that. That is not at issue.

But that's not what Sullivan is doing -- Sullivan is not asking to merely review the fillings and record on his own, as any judge can do.

He's demanded his own prosecutor to argue his own already-set position back to him and invited filings from third party "amici" -- although no amici are permitted in criminal hearings, so this is just another twist Sullivan is putting on things.

He's essentially created an entirely new procedure in federal court, the Judge-Directed Impromptu Grand Jury Investigation.

But Obama and Bush judges, so.

Cancel Kennebunkport "Conservatism"

Three generations of imbeciles are enough, as Judge Oliver Wendel Holmes sagely observed.

Also see Margot Cleveland's informative thread about how the hearing will go today, procedurally.

There will be additional updates through the day. I'll post them if they seem important.

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posted by Ace at 12:08 PM

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