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26 October 2020

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walrus

I’m confused. The transcript mentions Fokker as a precedent. I thought he is judging this case.

vig

I’m confused. The transcript mentions Fokker as a precedent. I thought he is judging this case.
Posted by: walrus | 26 October 2020 at 08:01 AM

Don't be, as RW writes:
It has been obvious that Sullivan is not going to rule on the request to dismiss the case until after the presidential election.

see hearing transcript: SCRIPT OF MOTIONS HEARING BEFORE THE HONORABLE EMMET G. SULLIVAN UNITED STATES DISTRICT JUDGE, (supported by John Gleeson, amicus curiae)

"under Fokker" refers to this case/decision:
United States v. Fokker Services B.V.
D.C. Circuit Holds that Courts May Not Reject Deferred-Prosecution Agreements Based on Inadequacy of Charging Decisions or Agreement Conditions.
https://harvardlawreview.org/2017/01/united-states-v-fokker-services-b-v/

Keith Harbaugh

A really nasty dispute has arisen over the exhibits DOJ provided to Judge Sullivan in support of its motion to dismiss the charges against General Flynn.

For a summary of that dispute, see
https://redstate.com/shipwreckedcrew/2020/10/27/dispute-between-doj-and-strzok-mccage-attorneys-over-their-handwritten-notes-media-ignorantly-misreports-n270719 ,
which contains particular criticism of the Politco article by Kyle Cheney on the matter.

Keith Harbaugh

The most recent Flynn/Powell motion (Dkt 261, 2020-10-07) is that Judge Sullivan should recuse himself from the case.
How will Judge Sullivan respond to that request?

Leslie McAdoo Gordon has a detailed analysis of the merits of the motion (she finds it meritorious):
https://thefederalist.com/2020/10/31/heres-why-judge-sullivan-must-disqualify-himself-from-michael-flynns-case/

"Sullivan’s apparent animus toward Flynn's attorney and his fixation on Flynn being punished demonstrate bias in this case — sufficient to require his disqualification."

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