If you have ~2 hrs of time on your hands, the oral arguments in the Flynn mandamus petition are here:

My non-lawyer take is that 2 of the 3 judges on the panel are deeply skeptical that the appeals court should issue any orders now, and that the district court should be permitted to hold its hearing and decide on the motion to dismiss. The 3rd judge seemed less skeptical.

As to the broader question, one judge seems quite clearly to believe that there are circumstances under which a court could, perhaps should deny a motion to dismiss charges; that ‘leave of court’ has some actual meaning. The middle judge seemed to be punting the question as not before the court now. And the third was unreadable. The first two judges repeatedly characterized the argument of the DOJ as more appropriate to an appeal than a mandamus hearing.

Of the lawyers, I thought Flynn’s counsel was quite bad, the DOJ’s counsel was good, and Sullivan’s counsel was also good.

Yeah, occasionally I read something that makes me want to reach into my screen and wring a neck through the Internet, and that qualified.

Briefly I wonder “what is wrong with me” as I eagerly hit play.

Interview with Fiona Hill.

In her view populist governments are useless at handling complex problems of governance, almost by definition. If leaders are fit to govern, they generally don’t need populism to get elected.

“It’s all about style and swagger and atmospherics, with superficial solutions to things, with lots of sloganeering, and obviously dealing with a pandemic is pretty methodical and boring. It requires an awful lot of planning and logistical organization and you can’t just sort of do it on the fly with an ad hoc coalition.”

What interests Hill is how the three such different countries end up in the same boat, run by populists and significantly less able to cope with a pandemic than their neighbours. She believes the critical common factor is the heady rise, and then the catastrophic collapse, of heavy industry and the failure of their governments to manage the fall and cushion the impact on their people.

She remembers only having her running shoes on, having left home in a rush, leaving her work shoes behind, and trying to hide her feet under her chair. She need not have worried.

“Trump didn’t look up when I came in and I don’t think he looked up the whole time I was giving my spiel about the terrorist attack,” Hill said. The president was busy writing something on a pad on his desk. “And then Ivanka came in and sat down next to me, the first thing she did was look at my shoes.”

The next meeting with Trump was even worse. McFarland tried to introduce her to the president in a crowded room and tell him she was his senior director for Russia, but Trump just waved towards the secretary of state.

“He said: Rex Tillerson is working on Russia, and I thought: this is not going to work,” she recalled. “I never really imprinted.”

That much was clear on her next visit to the Oval Office. Trump was making a call with Putin, and as is customary, relevant White House officials were sitting around the president’s desk.

Hill had listened to what the Russian president had said and was preparing some notes of analysis, when she suddenly became aware everyone was looking at her. Trump had decided he wanted a press release and assumed Hill, one of the few women in the room, was there to type it up.

“The president thought I was part of the executive secretariat taking notes,” she said. “He was basically saying: ‘Can she go do this?’ and I had no idea what they’re talking about. I was like a deer in the headlights, and thinking: You’re talking to me?

And the Kremlin was constantly outmanoeuvring the White House, arranging events so that Trump would be alone with Putin with only the Russian president’s translator in the room. The state department, which stuck to rigid protocol rules on whose translator should be where and when, was being played.

“Putin doesn’t operate like that. Putin takes translators with him for every occasion,” she said. “The Russians are incredibly organized. They take advantage of every opportunity, every vulnerability, every open door they can walk through.”

In her efforts to have US career officials included in Trump’s meetings with Putin, she found herself facing determined resistance from inside the president’s entourage, as they became more and more distrustful of career officials as disloyal potential whistleblowers.

“I was saying to the people around him it’s the president’s own security here, because then they [the Russians] can say that he said things that he didn’t say. And they did that repeatedly,” she said. “They could be recording things in big meetings like the G20 where we don’t control the site. It gave Russians unnecessary leverage, and made it much more difficult for us to get ahead of things.”

And Flynn walks

Disgusting.

My wife is a recruiter for a company that is willing to accept people with a criminal record depending on the circumstances. The shit people have spent the last five years in jail for are just ridiculous while this fucking asshole skates. Fuck, I’m mad.

Will they hear it en banc? Not that it will matter. There isn’t any court protection against DOJ refusal to enforce the law, I guess.

Also, this means Sullivan fucked up mightily, by not sentencing Flynn months ago when he had multiple chances to do it.

This is an astonishingly bad opinion. It’s also surprising, not in turns of Trump Judges being bad judges, in terms of a judges actually writing an opinion that turns the judicial branch into a rubber stamp for prosecutors. I’ve only had the chance to briefly read the opinion but that “rubber stamp” issue frankly shocked me.

This case may not be completely done. I’m not sure about the possibility of further appeals, but there is also the issue of contempt of court. Given the DOJ’s sycophancy, I don’t expect much would come of Sullivan referring Flynn for perjury charges, but Sullivan does have the authority to hold Flynn in contempt. That may well result in a pardon for Flynn, like Sheriff Arpaio, but Sullivan may hold Flynn in contempt.

First of all - a link that includes the opinion:

Who actually decides if it goes to the full Court? Just the Chief Judge? A vote of the 12? Something else?

We need a list of all compromised judges.

Yeah, Rao was a shit DJT toadie from the start, and everyone knew it.

What’s the recourse now though? Just wait for her to die?

McConnell has confirmed 200 judges.

We’re boned for generations to come.

Your daily reminder that it’s never okay for anyone to vote for a Republican at any level, full stop. They are all in on their status as a capitalist death cult beholden to whatever will keep them in power. Those who vote Republican are your mortal foes.

I concur with this.

Not for the same communist reasons as Armando, but because to fix the GOP, the GOP needs to die, and the only way for that to happen is to vote for the Dems in every election until the GOP dies entirely.

Any judge on the court can request an en-banc hearing, and if a majority on the court want that then the will be an en-banc hearing. I don’t know if the litigants themselves can request one.

Since replacing Jeff Sessions in the official role as attorney general, Barr’s words and actions have provided a rich store of controversy for the Trump administration. Ayer outlined a few such instances.

He referred to Barr’s “litigation, legal opinions and his own speeches” as efforts “to defeat meaningful oversight” by Congress and the federal courts–adding that the attorney general has also refused to testify before Congress “multiple times.”

The Roger Stone , Michael Flynn and John Bolton controversies were also cited as evidence that Barr routinely uses the “great powers of the Department of Justice to advance the president’s narrow political interests and gravely undermine constitutional rights and the functioning of our democracy.”

Remember the Russian bounties on US troops?

Why would the Russian government think it could get away with paying bounties to the Taliban to kill American soldiers? One answer to that question may be the extraordinary response that Moscow received when the Trump administration learned of a precursor to the bounty operation. From mid-2017 and into 2018, Pentagon officials became increasingly confident in intelligence reports that the Kremlin was arming the Taliban, which posed a significant threat to American and coalition forces on the ground in Afghanistan.

President Trump’s actions in the face of the Russia-Taliban arms program likely signaled a weak US resolve in the eyes of Putin and Russian military intelligence.

Three dimensions of Trump’s response are described in detail in this article, relying on several former Trump administration officials who spoke to Just Security on the record.

First, President Trump decided not to confront Putin about supplying arms to the terrorist group. Second, during the very times in which U.S. military officials publicly raised concerns about the program’s threat to US forces, Trump undercut them. He embraced Putin, overtly and repeatedly, including at the historic summit in Helsinki. Third, behind the scenes, Trump directed the CIA to share intelligence information on counterterrorism with the Kremlin despite no discernible reward , former intelligence officials who served in the Trump administration told Just Security .