Today Judge Sullivan’s attorney replied to the DC Court of Appeals order that the Judge respond to defense counsel’s petition for writ of mandamus.
Attorney Beth Wilkinson is worth every penny. Her job was to defend the District Court’s indefensible behavior in trying to branch the Flynn case clown show into a full blown Cirque du Soleil. She gave it a heck of a shot.
It is still no sale. Like any legal brief arguing one side, it was Wilkinson’s job not to present a balanced discussion, but to convince the Court that her side is right.
So she harped on a couple of points (repeatedly, kind of that “pound the table” legal proverb). That Flynn repeatedly “admitted” he lied (“admitted”, considering what has been uncovered, requires a little chutzpah); that the government’s motion to dismiss was signed only by a political appointee and not by career “line attorneys” in the DOJ; claiming (quite on thin ice) that the government’s arguments for why reversing their course were thinly sourced (OMG); that the government withdrawing after a guilty plea was pretty unusual (but not rare and certainly not unheard of).
There was more but I took a fast read, and I don’t want to over-detail this.
All of her arguments, every single one, are countered by (1) the government motion’s offered proof, and I am saying proof, of no predicate, which means no investigation, which means no “material matter”, which means no crime of lying to the FBI in a material matter. (also, he didn’t lie) and (2) the unbreakable tenet that it is entirely, 100%, within the discretion of the government, and not the District Court, as to whether or not to prosecute an innocent man for perjury who claimed under oath to be guilty because he was being extorted by the prosecution into saying that.
And I am just totally leaving out the egregious government misconduct from begining to almost end.
Emmet, you are going to lose, but at least you were not so stupid as to try to write this brief yourself.