I tweeted yesterday that I was going to try to resist the urge to blast out “hot takes” on the submission by Judge Sullivan in response to the Circuit Court’s Order connected to Gen. Flynn’s Petition for a Writ of Mandamus. I did post a few thoughts as I made my way through the document, and later I gave my “30,000 foot” view of the filing.
As I wrote earlier on Twitter, the submission filed by attorney Beth Wilkinson on behalf of Judge Sullivan seems to have not been interested in addressing the pointed question raised by the Court’s order, but instead would be more accurately characterized as the proverbial ranting of an old man telling the neighbor kids to “Get off my lawn!”
More than anything else, the submission seeks to retain what Judge Sullivan believes are the prerogatives of the District Court, which is to get the first crack at writing whatever it is he feels entitled to write about Gen. Flynn and the DOJ motion, and once he’s done the Circuit Court can grade his work. Until then, Judge Sullivan seems to be saying “Butt out!!”
I’m not going to cover the ground already well-worn by others and give you a full “briefing” on the arguments made by Wilkinson on Judge Sullivan’s behalf. I will refer to the DOJ brief filed several hours after Judge Sullivan’s submission where warranted, but I’m not going to take on an analysis of that brief here – that’s a separate task that will require some effort because that brief is a serious piece of legal analysis that simply sweeps the board of all the pieces Judge Sullivan and the left-wing Anti-Trump/Flynn pundits think are in play.
Instead, I’m going to simply go to some key points in the Sullivan filing – key because they are so outrageous and unsupported by authority – and point out the issues as I see them.
First – and this really surprised me – Wilkinson made a blatant mis-statement of fact on P.1 when she baldly claimed that Judge Sullivan had found the “false statements” made by Gen. Flynn to the FBI were “material.” MORE