Tell It to the Judge, trumpshirts

There's a lot going on today so I may blog more than once, just letting you know.

One thing I'm waking up to is a follow-up on a thing I blogged last week, about how Attorney General Barr (trump's Roy Cohn) forced the withdrawal from Michael Flynn's plea bargain in order to force the judge overseeing the matter to end the case. In order to make it look like Flynn should never have made a plea deal in the first place, in order to make it look like Obama's Department of Justice and Mueller's investigative team entrapped Flynn without cause.

You have to remember, Flynn was a major contact between a lot of foreign players, not only Russia but also Turkey, and was getting caught in a lot of questionable plots to where the entire Intel Community was waving red flags about him. Flynn was also one of trump's inner circle handlers, which made the connections between trump and Russia a lot harder to ignore.

One of the earliest moves Mueller made during the inquiry into what and how Russia did to meddle in the 2016 election, the special prosecutor was able to get Flynn to plead down to "lying to investigators" in order to avoid jury trials over some of the more flagrant stuff Flynn - and his son - was caught doing. It was a foundation on which a lot of other cases and plea deals involving trump's people was based.

When trump was able to get Barr set up as Attorney General, Flynn changed his mind on the deal, and had been trying to wrangle his way out of it. The move Barr pulled last week was the final step - so it seemed - to let Flynn off the hook. No deal, no case, and then trump and his buddies can start claiming everything Mueller did was a conspiracy, a setup by Obama and the Deep State (the whole #Obamagate thing we've been seeing re-emerge this past week by Russian Twitter Bots) to destroy trump's God-approved destiny.

However, like a lot of trumpian schemes, this one wasn't thought out well enough. Judge Sullivan overseeing this matter had ways to keep the case going, and last night he used those steps and even opened up the availability of another weapon to hold Flynn (and Barr) accountable. To Jonathan Chait at New York Magazine:

First, earlier this week, a retired judge and two former U.S. Attorneys pointed out that this apparent legal coup does not have to end the matter. In an op-ed, the three legal eminences argued that the court has the power to bring in outside legal advisers to argue the case, even if the government has dropped its prosecution, and potentially still sentence the defendant.

Then, earlier this evening, the New York Times reported that Barr’s lawyers misled the court about the testimony of a key figure in the Flynn case. The Justice Department told the judge, Emmet Sullivan, that FBI notes indicated its agents only interviewed Flynn in order to trap him into lying. An FBI agent involved in the Flynn interview told the Department this wasn’t true, a fact the DOJ failed to include in its request to let Flynn go.

Then tonight, Judge Sullivan dropped a bomb. He announced that he would not simply rubber stamp Barr’s maneuver to free Flynn. Instead, he is bringing in a judge to review the case and provide the pushback against Flynn’s defense lawyers that is missing now that the DOJ has essentially joined in with Flynn’s legal team.

What may matter even more is the judge Sullivan picked for this job: John Gleeson, a former mob-busting prosecutor and, more to the point, one of the co-authors of the Post op-ed urging Sullivan to take this step...

I'm not there in person to witness much of this, but I get the impression that Sullivan is pissed.

I get the impression that Sullivan did not like getting lied to by Barr and the DoJ lawyers undercutting their own plea deal. That Times report that lawyers misled the judge on testimony is usually the point where said judge throws people into jail for contempt of his/her court.

I recall Sullivan is someone who, when AG Barr redacted the Mueller Report, fought to get parts of it unredacted for his review of Flynn's plea deal (The Justice Department refused). Sullivan did confront Flynn back in 2018 with the words "you sold out your own country," reportedly due to information Sullivan has on Flynn's corruption that hasn't been made public (yet).

And we're looking at the possibility that Sullivan can add charges regarding Flynn's misconduct in his courtroom. The reality that Flynn changed his testimony - at least once - while the plea deal was still on the table makes him open to a contempt of court perjury charge. Via Adam Gabbatt at The Guardian:

...Sullivan... said he had asked John Gleeson, a former federal judge in New York, to recommend whether Flynn should face a new criminal contempt charge for perjury. Gleeson has also been asked to make the case for why the DoJ’s motion to dismiss the Flynn case should be rejected...

What this does mean is that Flynn's lawyers have more work on their hands. This means Barr and his DoJ team cannot wash their hands of this and walk away. This is being done with an outsider in Gleeson who can't be pressured by Barr or trump to play their game of "loyalty or fired."

What this means is that trump, his inner circle of corrupt bastards, and his Russian cronies cannot pretend this whole thing was a manufactured Obama/Hillary trap. Sullivan seems dead set on making sure someone - Flynn - is held accountable for the sins they caused.

This puts the pressure back on trump. Sure, he could pardon Flynn, he's done that for a number of people undeserving of mercy. I do question if a pardon frees someone held on a judge's contempt order, but we'll find out. And the pardon runs the risk of Flynn being vulnerable to further testimony without Fifth Amendment protections. It also means Flynn has to admit he did (some) of the things he's being pardoned for, meaning trump can't hide the connections his 2016 campaign had with foreign powers (especially Russia).

trump and Roy Cohn Bill Barr are not going to sweep this under the rug like Putin hoped they could.