Congress Criminal Referral Clinton, Comey, McCabe, Lynch, Strzok, and Page to DOJ

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#7,382
ajvol01 said:
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Only Henderson and either Rogers or Tatel seemed remotely interested in the disqualification question. I think the Flynn-sympathetic media made a big deal out of something that was requested by one or two judges.

Four judges (Including Wilkins, who dissented at the panel) seemed openly skeptical of the argument that the district court just has to rubber stamp the government’s decision.

Assuming Rao, Henderson, and Wilkins aren’t changing their minds, that means, I believe, one of the remaining four judges needs to side with Wilkins et al to prevent the mandamus from issuing. Tatel and Rogers seemed focused on other issues I have no idea which way they will go. Srinivasan wrote the case relied on by Flynn, but played things pretty close to his chest. Like Srinivasan, Garland’s questions also focused on the mandamus issue, and while he wasn’t overtly adversarial, his last question did set up Powell to get drilled by the next four judges.

The best issue for Flynn is on the involvement of amicus, which I think the Circuit Court will either discharge or limit with some clear guidance.

I’m still beyond skeptical that Sullivan will develop the facts to build a bulletproof case to deny the motion. Whereas Flynn’s motion to withdraw the plea was subject to nearly unlimited judicial discretion, a denial under 48(a) would require novel recognition of judicial discretion. I think there’s a sound legal argument that the judge should have that discretion, I’ve argued that here and it was also apparent in questions from Judge Millett, but I don’t see how Sullivan will be able to develop facts that will support the argument, absent some whistleblower dropping bombs on DOJ.

So, IMO, The only real question is whether this drags out beyond a Biden victory, forcing Trump to pardon Flynn. That could happen if Flynn appeals an unfavorable circuit court decision to SCOTUS.
 
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#7,385
RockyTop85 said:
I’m not sure why.

The Biden victory isn’t presumed, it’s just a predicate event that would prompt the pardon, if it happens. If Trump wins, there’s no need to pardon Flynn before the case plays itself out.
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If Biden was involved in spying on a campaign, he might be toast. Dems are starting to wonder out loud of Durham and Barr are going to start charging people in October.
 
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#7,386
RockyTop85 said:
I’m not sure why.

The Biden victory isn’t presumed, it’s just a predicate event that would prompt the pardon, if it happens. If Trump wins, there’s no need to pardon Flynn before the case plays itself out.
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I read It as an assumption. My mistake I guess.
 
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#7,387
ajvol01 said:
I read It as an assumption. My mistake I guess.
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All the available evidence points to a Biden victory, at this point, but with about 300 news cycles remaining and Biden’s impressive ability to make gaffes that piss off the people he needs to turn out, I don’t think it can be assumed.
 
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#7,388
RockyTop85 said:
All the available evidence points to a Biden victory, at this point, but with about 300 news cycles remaining and Biden’s impressive ability to make gaffes that piss off the people he needs to turn out, I don’t think it can be assumed.
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Sounds like a re-run of 2016
 
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#7,391
Senior GOP Senate Source: Romney Blocking Sen. Ron Johnson From Subpoenaing Comey, Brennan
A Senior Republican Senate source has confirmed to Gateway Pundit that Senator Mitt Romney is leading an effort to block Senator Ron Johnson from subpoenaing James Comey and John Brennan.
Johnson, the Senate Homeland Security and Governmental Affairs Chair, said during a radio appearance on Wednesday that fellow Republicans were blocking him from subpoenaing the former FBI Director and former CIA Director, among other figures involved in the scandal.
 
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Specifically, the inspector general accused Clinesmith, though not by name, of altering an email about former Trump campaign adviser Carter Page to say that he was "not a source" for another government agency. Page has said he was a source for the CIA. The DOJ relied on that assertion as it submitted a third and final renewal application in 2017 to eavesdrop on Page under the Foreign Intelligence Surveillance Act.
 
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