As futile as it will be, though, I will absolutely shove this brief up the ass of every AUSA who brings a bullshit 1001 charge in the future. Not that it will make a bit of difference. The fix is in.
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The Department of Justice's motion to dismiss Flynn's case is an extremely well written defense argument that would absolutely fail if made by the defense, and will be quoted extensively (to no avail) in future 1001 prosecutions. It's transparently corrupt.
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I try to predict what federal judges will do as little as possible, but I will not be in the least surprised if Judge Sullivan calls a hearing on this motion to dismiss and rakes the DoJ lawyers over the coals.
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Reading the motion, their description of materiality seems totally different from the way it's been used in the past.
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Night and day.
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Honest question: if you had your druthers, would you want the Flynn standard applied to everybody, or the current standard applied to Flynn. (I realize that does not exhaust the logical possibilities, but I sticking to the aspiration (illusion?) of equal justice under law.)
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I would want the standard reflected in this brief -- one with a robust materiality requirement that means something, instead of it being a dead letter -- to be applied to everyone. But it never well. Because this is pure corruption.
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Can Judge Sullivan deny the motion?
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In theory, yes.
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“Transparently corrupt” is perfectly put. It’s a pardon without Trump’s fingerprints. I can not believe what has happened to my once great country.
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Since a pardon is unnecessary Flynn will be able to plead the 5th if called to testify in the future
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