Here Comes The Judge

This is why ethical, competent Judges matter.

The linked article from The Washington Post is one of many similar stories we awoke to on May 12th. The “back story” –William Barr’s frontal assault on both the rule of law and the integrity of the Department of Justice by petitioning to drop the case against Michael Flynn–enraged patriotic Americans; it outraged lawyers in particular. (Lawyers and former lawyers tend to think that the rule of law matters. A lot.)

When news broke of this unprecedented and dishonest pleading, my hope was that the judge presiding over the case–who had shown no particular sympathy for Flynn–would deny it. I assumed that Barr knew such a denial was probable. However, Barr also knew that the mere fact that the DOJ had filed such a pleading would add plausibility to the President’s multiple lies about the Mueller investigation and the wacko conspiracy theory he’s calling “Obamagate.”

In other words, no matter what the judge ruled, the mere fact that Barr submitted the pleading would be a “win/win” for the forces of obfuscation, and would become part of  Trump’s Big Lie about a nefarious “Obamagate” plot.

The judge outsmarted him. Bigly.

A U.S. judge put on hold the Justice Department’s move to drop charges against Michael Flynn, saying he expects independent groups and legal experts to argue against the bid to exonerate President Trump’s former national security adviser of lying to the FBI.

U.S. District Judge Emmet G. Sullivan said in an order Tuesday that he expects individuals and organizations will seek to intervene in the politically charged case. Having others weigh in could preface more aggressive steps that the federal judge in Washington could take, including — as many outside observers have called for — holding a hearing to consider what to do.

Sullivan also appointed a retired judge to argue against the DOJ’s request.

Judge Sullivan said he will set a schedule for outside parties to argue against the claims made in the Justice Department’s effort to drop the charges. Amicus briefs will be allowed from parties who believe they have interests that would be affected by the ruling, or from
parties or organizations with “unique information or perspective that can help the court.”

The nearly 2000 lawyers who formerly worked for the DOJ and recently signed a letter demanding Barr’s resignation would certainly qualify as having a “unique perspective.”

So would a group that identified itself as “Watergate Prosecutors,” who had filed a unique request a day earlier. They asked permission to file a friend-of-the-court brief addressing the need for independent scrutiny and oversight to “ensure that crucial decisions about prosecutions of high-ranking government officials are made in the public interest.”

“The integrity of prosecutorial decision making is a cornerstone of the rule of law,” they wrote. “Amici have a special interest in restoring the public trust in prosecutorial decision making and in public confidence in the viability of future independent investigations and prosecutions if the results of such work are likely to be subjected to reversal by transparent political influence.”

What is especially gratifying is that the Judge’s order not only allows these and other parties to file objections to the Justice Department’s move, but that such objections could open the door for adversarial proceedings in which arguments for and against Barr’s effort to dismiss the case would be heard.

Especially gratifying is the conclusion that such objections would also permit, if the judge chooses, requiring both sides to produce evidence and revisit the case for and against Flynn.

Instead of allowing Trump to use Barr’s pleading to confuse voters and sow even more distrust of the government he was elected to manage, the Judge’s move might allow re-litigation of the charges and re-airing of the evidence–something quite contrary to what Trump and Barr were hoping to accomplish.

As Jean-Luc Picard might say, “Make it so.”

Karma’s a bitch. I love it.


  1. Maybe the year 2020 will be the year of Karma. Karma for those public figures who divide, for those who have abandoned the Constitution, for those who deny science, for those who put themselves above the law, and for those who have wrecked havoc on the nation. And for those private citizens who have consistently put money ahead of human life, I suspect there is marching toward them a special kind of Karma, the Karma that buries their lives and the lives of their loved ones in squalor and deprivation.

  2. Confusing as it may be to most lay persons, Rule of Law is a beautiful thing to see when enacted by the “good guys”. Barr’s actual reason for filing this motion (Trump told him to) is obvious to those who have been paying attention throughout this deconstruction of our entire governmental body at the federal level…and in SCOTUS and federal courts with Trump’s appointed judges. And now intrusion into the medical world and its authorities who are trusted world wide; when will these cases begin to overload court calendars at all judicial levels? And what will the death count ultimately be?

    “Instead of allowing Trump to use Barr’s pleading to confuse voters and sow even more distrust of the government he was elected to manage, the Judge’s move might allow re-litigation of the charges and re-airing of the evidence–something quite contrary to what Trump and Barr were hoping to accomplish.”

    The timing of this assault by Barr and the DOJ is crucial; Judge Sullivan has put on the brakes prior to November 3rd but Trump will still have until January 20, 2021 to Pardon his buddy Mike Flynn as well as Manafort and Roger Stone who is yet to be sentenced. No chance of a pardon for Mike Cohen; that was a personal money matter between Trump, Cohen and Stormy Daniels.

    “Karma’s a bitch. I love it.”

    So do I; but it ain’t over till its over and there is always something new from this administration to distract us from today’s tragedies. And we have arrived at another Trump Friday!

  3. Was Flynn guilty or entrapped. On Jan 4th 2017 washing post ran an article he was cleared of all wrong doing. On Jan 5th Comey used the Logan act and the FBI opened up a new investigation with the use of a false FISA application that wasn’t verified. Oops

  4. Well said, Theresa. Yeah. All those guys and women who are flaunting their loyalty to Trump’s idiotic avoidance of mask wearing must also hear the hoofbeats of the four horsemen.

    It is now clear to anyone not sleeping with their confirmation bias that Wm. Barr is a thug and consiglieri to an outright gangster, a psychopath and a proven criminal. Mario Puzo only wishes he could have come up with this plot for his last novel.

    Did I mention the 18,000 lies coming from our so-called president? Has anyone ever seen a more pathetic figure than Donald Trump masquerading as our national leader? His last presser meltdown (Why don’t you ask China?) is a clear indication that Trump is losing his ability to hold it together. He’s a very sick man. Barr is his tool for more criminality.

    Now we have Senator Burr under DOJ’s microscope for having the audacity to tell the truth and support our intelligence community about Russian coordination with Trump’s campaign. Why would that come out now? Retribution. Disloyalty to the dear leader. It’s no longer a metaphor. We ARE a third-world, tin-pot dictatorship and the tin pots are going to get us all sick or killed or groveling in abject poverty.

  5. Did anyone watch Joe Biden’s dismal performance on last night’s “The Last Word”? His word salads and truncated sentences were painful to watch and listen to. Lawrence O’Donnell tried several times to tee it up for Joe, and each time he whiffed or shanked the question.

    On the other hand, Tracey Abrams was articulate, on point and showed us what our candidate should be like.

    What the hell do we do now?

  6. would someone wake me up from the nightmare? ive been looking from the outside too long. how in hell did we allow this to happen as a whole? on pancake upon another..we need a serious makeover,and a stand up voice of reason..

    Marv,in relation to yestedays comment,, there is still a universal voice to speak out,its in every person,I have a job that gets down in the trenches,literally, you can chip,away piece by piece,and feel you did the job,and responsively made a effort.yesterday i had such a conversation at a parts store,the item,the cash i hold to pay for that part,its my freedom to use cash,and a freedom,they overlook.they agreed,that no one else had the right to demand i use a card,and make someone else money who sits on thie kister getting rich from my work.i discussed why this is a freedom… I havent a clue where you live or work,or? but every word in defense of our freedom,is never wasted,its another word to respond to the/this fight,and keep the freedoms alive..
    best wishes..gotta get back to work,all of it..

  7. The retired judge appointed to the case by Sullivan can also recommend new charges of perjury be filed against Flynn because he withdrew his guilty pleas for which he swore were true and accurate in the courtroom at least twice.

    For those like John above, I’ve been recommending a GoFundMe account be started by Friends of Flynn to pay for his legal fees since his case isn’t quite over.

    Of course, Trump thinks #ObamaGate is all about him because he’s a narcissist. The world revolves around him 24/7. The less approval he gets from the media, the more he Tweets. His Ego is never satisfied.

    I would recommend cleaning up Julian Assange so we can bring him home and allow him to speak to Congress about what he knows about Russian inference in the 2016 election as opposed to hoping a freak “Epstein Hanging” would take place. The mere fact we haven’t speaks volumes to the world and to those who value the rule of law.

    And look at how this country (the servants of the Oligarchy) treats Chelsea Manning versus a war criminal like GWB, including the “well-respected” Obamas.

    And yes, karma is a bitch, and it doesn’t care if you are a believer or not.

  8. Vernon,

    “What the hell do we do now?”


    By the way, yesterday, I received your book: “Killing the Dream: America’s Flirtation With Third World Status” from Amazon. I’m sort of using it as my POLITICAL BIBLE. It’s a shame that I purchased the last copy available from Amazon.

  9. I am a retired DOJ lawyer who has known of Judge Sullivan since he was first appoint to the bench as a Judge of the Superior Court of the District of Columbia. He also served as a judge of the District of Columbia Court of Appeals before going to the federal bench. I have personally appeared before him several times. I am not surprised at all that Judge Sullivan has responded the way he has, and I laud him for not rubber stamping this outrageous motion. Stay tuned.

  10. Well done Todd.

    id like to request everyone at the fox news go to the streets of NYC and shake hands and pat people on the back,sans the PPE…after all, they said its not serious,or its fake.. do they have a naysayers stats?

  11. I was expecting Judge Sullivan to do something like this. Remember that Flynn’s guilty plea also included an admission of the violations that brought about the lying to the FBI. The plea deal was that he wouldn’t be charged with them if he pled guilty to a single, lesser charge and provided helpful information to the prosecutors. Sullivan castigated Flynn when he appeared before the court last year. That was before he hired his new FOX approved lawyer.

  12. Marv,

    Many thanks. If there was enough demand, Amazon would fire up the presses. That was my second best seller at almost 200 copies; chicken feed in the publishing world. Fortunately, the book will still be available for Kindle users.

    I’m flattered that you bought the book. Your critique will be very much appreciated. I can’t get better without it.

  13. So, either Flynn lied to the FBI about his contacts with Russians (as charged), or perjured himself when he took the plea and said he did.

    Did I get that right?

  14. Vernon, what we can do is vote for Bernie Sanders on the primary ballot. That’s what I did, anyway. I’ll vote for Biden if I must, but not giving up yet.

  15. I am so glad this judge has found a way to counter an administration that believes it is above the law. And in the meantime, SCOTUS might be leaning toward making Trump send his tax returns etc to Congress. I sure hope so.

  16. Jack,

    I love your suggestion. I’d extend it to the idiots with guns tromping around Lansing trying not to drool on their cammos as well as the bar patrons in Wisconsin. Let them breathe on each other for awhile and let’s see what happens.

    Oh, the protest organizer in NC just tested positive. Oh dear. That damned hoax. It just keeps popping up. I wonder how the families of the 86,000+ dead people feel about the hoax.

  17. Vernon – I too was mortified last night with Biden’s ‘performance’. I wish the Democratic Establishment would mobilize again the way they did when it looked like Bernie Sanders had a chance to become the candidate. That was an all hands on deck moment, because ‘socialism’. Now they’re sitting on their hands as if there is no emergency. It seems they were more afraid of Bernie than they are of another 4 years of Trump. (Follow the money!)

  18. Joan White
    May 15, 2020 at 8:25 am

    Vernon, what we can do is vote for Bernie Sanders on the primary ballot. That’s what I did, anyway. I’ll vote for Biden if I must, but not giving up yet.
    Agree 100%. You could see this coming.

    Judicial partisanship still going full-speed ahead.

    A conservative majority on the Wisconsin supreme court struck down a stay-at-home order from the state’s Democratic governor on Wednesday, further illustrating the remarkable amount of power Republicans have in the state and the way they have been able to curb the authority of their Democratic rivals.

    The Wisconsin decision is the most significant legal victory for conservatives, egged on by Donald Trump, who are beginning to challenge stay-at-home orders across the country through protests and legal actions.

    The Trumpter’s on Facebook are all up in arms about “stay at home orders” violating personal freedoms of choice in the Constitution. Stop signs, traffic signals, seat belts, interstate highways, radios, TV’s are not mentioned in the Constitution and are all regulated.

    The Trumpet throws out his bait and The Trumpter fish all gather around circling.

  19. When the DOJ filed its motion to dismiss a charge for which the defendant twice acknowledged his guilt under oath I blogged elsewhere that the court would either deny the motion or call in the parties for an explanation of this most unusual maneuver. I was partly right but I did not anticipate that the court would appoint a retired federal judge to argue the case or openly invite third parties to file briefs in the public interest.

    I think but cannot prove that defense counsel colluded with Barr to file the motion knowing that Flynn stood to be held in criminal contempt for lying under oath to the court but that time spent in jail for the contempt would be far less than time spent for the crime for which Barr was excusing him. It is noteworthy in such connection that Flynn copped a plea to the lying charge in return for dismissal of other heavier charges that the prosecution could have brought, so what it amounts to is that he plea-bargained but doesn’t want to keep his agreement, and Barr upon orders from Trump (who is busy rewriting the history of Russian non-involvement in our 2016 election) agrees with him.

    If so, and if the court denies the DOJ’s motion but holds Flynn in criminal contempt (or not), I would hope that we come up with a special prosecutor (good luck) who treats the plea bargain agreement as void and re-indicts Flynn for the crimes the prosecution dismissed plus an additional count of perjury. I don’t know that what I have here suggested is possible and I
    greatly fear what may be the necessary cooperation of Barr in the appointment and backing of a special prosecutor inasmuch as he is clearly involved in the plot to see a convicted criminal walk. Perhaps Marv has some ideas on how to rescue the rule of law from this morass. Marv?

  20. Has anyone questioned, other than another distraction from the Pandemic with almost 1.5 MILLION suffering and 90,000 deaths, why does Trump need to free Flynn at this particular time? He has stated the possibility of another appointment somewhere in his administration.

    OK, return to destroying Joe Biden’s chance of election as that seems to have become the issue this morning. And no, I didn’t watch last night but have seen many other interviews with reason enough to seek unity within the Democratic party and to support our presumptive presidential nominee. If you want perfection; write the name Jesus Christ on your ballot, mail-in or at the polls.


  21. Is it prosecutorial misconduct? Did he lie under a false charge? Was he being pursued because he became a political opponent instead of an intel officer for Obama? Here’s a 33 year veteran that’s being thrown in jail that was seen as having been cleared by the FBI on 1-4-17? Why is he being thrown in jail beyond being pressured into a lie?
    On 1-5-17 and there after documents showed in conversations they were looking for dirt. Doesn’t Every person going after Flynn Under oath say they had no empirical evidence about him conspiring to effect the election? Did the Mueller report come up with anything he lied about?
    The CIA reports that almost 100% of people lie 5 times a day. Aren’t there a lot of politicians caught in lies by saying “I don’t recall” when they were holding documents saying there’s no way they wouldn’t have known about what they’re being asked?

    Haven’t Three years of falsehoods about a 33 year veteran have been reported by politicians who testified under oath exactly the opposite been enough?
    How do independent voters view this once they know it can happen to them also?

  22. Some of this controversy seems to rely on the notion: should Presidents and Administrations who are obviously in conflict with American Presidential precedents, traditions, competence, Constitutional mandates, respect for the law, performance, partisanship, global respect, in fact almost all measures of Presidential performance, be accorded the same respect as every other President in modern history?

    Anyone who did accord respect under the current extraordinary circumstances would be complicit in such an insult to democracy.

    We are challenged to treat Trump’s performance in conflict with the country’s needs with the disrespect that he’s earned.

  23. IOWs Trump’s Administration has earned the same respect from us that it has accorded us.

    The Golden Rule.


    Just take a stroll through Quora, my goodness! So many anonymous questions about Obama gate, LOL! The netminder’s if you will, at Quora, are overwhelmed! There are still quite a few liberal minded folks on the site, but they find themselves under an unprecedented onslaught refuting the ignorance being introduced. That’s their MO, modus operandi, They are like a bunch of programed micro-robots, with a micro brain, and Artificial Intelligence, and I mean artificial!

    When I answered a question about Bill Barr being a Donald Trump Lackey, I was engaged by someone with an avatar name right out of the Simpson’s. My comment was sufficient enough to elicit some sort of a response, but none was had! So my conclusion, a lot of these nitwits are probably Russian troll farm bots, and I actually informed Quora that they should do something about it. Like I said earlier, their net minders are overwhelmed.

    I am just so tired of this narcissistic and self-aggrandizing stooge, WITH HIS boot licking TOADIES trying to figure out which one can be more sycophantic than THE NEXT IN LINE! Anyway, there isn’t an author alive who could have made up what’s going on at present. I’m not going to go into history or Scripture or anything else right now, I’ll keep my powder dry for later.

  25. Gerald,

    “Perhaps Marv has some ideas on how to rescue the rule of law from this morass. Marv?”

    We have to reorganize. More specifically, we have to TRANSFORM the pro-democracy defense system [what’s left of it] in order to rescue the rule of law. As you know, I’ve been warning about this potential problem for over five years on this blog.

    That’s why I purchased the URL:, 7 days after Trump announced his run for the Presidency. And also why I developed P.E.I.S. Systems to offset the, disastrous, misdirection promulgated by the SPLC/ADL partnership.

    P.E.I.S. Systems is an arm of The Political Epidemiology Institute, This project started in 1970, right about the same time Vern Turner started tracking the vital information contained in his book which I, previously, alluded to earlier in the day.

    Vern has continued to track the surface machinations, while I have done so at the sub-surface level. You need both to accurately calibrate and thus neutralize the Trump/Pence/Bannon target, in a peaceful way.

    It’s doable.

  26. Hi Sheila –
    Can you please comment on this: Pentagon fires its point person for Defense Production Act, Jennifer Santos. The reasons for her firing don’t pass the sniff test.

  27. Thanks to Judge Sullivan for taking the lid off one of #3’s can of worms! Flynn meeting with Kysilac, and sitting with Putin was highly suspect during the 2016 transition. Having served on juries,it looks highly suspicious that #3 directed Flynn to establish diplomatic back channels to Putin/Russia, while Obama was POTUS! Pence in charge of transition had to have had inkling as to what/t/f! Also looks like money was exchanged. Subsequently (genius) Barr was appointed to AG & promotes Potus is above the law. So in retrospect they’re all trying to re-write history. #3/Barr trying to take advantage of US’s vulnerable pandemic state, issues drop charges against Flynn thinking who remembers, and promotes their goals of pleasing Putin. Thanks again judge Sullivan for your vigilance and savvy. Many Americans believe that the rule of law applies to all citizens. Let’s expose the facts again, and hope more voters are paying attention now.

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