June 11, 2020

We’ve all been waiting for Judge John Gleeson’s amicus brief on the Michael Flynn case, and it finally dropped on Wednesday. Sure enough, this “friend of the court” is no friend of Flynn, or apparently of justice being served in this case.

Recall that Judge Emmet Sullivan personally asked Gleeson to write it; this was just a couple of days after the op-ed Gleeson had co-authored on the subject that happened to appear in the WASHINGTON POST. Entitled “The Flynn case is over when the judge says it’s over,” this commentary told us all we needed to know about where Gleeson was going to stand and why the judge chose him to write the brief.

"The record reeks of improper political influence,” Gleeson stated on May 11, without even bothering to make that case. In fact, as I said weeks ago after reading the piece, he might as well have just made a copy of that and filed it as his amicus brief. That’s pretty much what he did, except the brief is a LOT more of the same.

If you have the time and inclination to read this 80-page pile of nonsense, here’s a pdf of the brief filed by Judge Gleeson.

Gleeson asserts in his brief that the DOJ’s decision to drop the Flynn case is “a gross abuse of prosecutorial power’ and, unbelievably, accuses them of “attempting to provide special treatment to a favored friend and political ally of the President of the United States.” This is such a politicized and wrongheaded piece of bilge, it’s hard to even know where to start.

Byron York, speaking with Martha MacCallum Wednesday evening, pointed out that it’s the “sole responsibility” of the Department of Justice to withdraw charges if it so chooses. It is NOT within the judge’s authority to deny that.

I'll add this: We've seen before that judges who don’t like the President can’t seem to help attributing the worst motives to everything he or his administration does, and this case is one more example. They just make it up and go with that. Where does Judge Gleeson get off with this “special treatment” garbage? President Trump has stood back and let the wheels of so-called justice turn ever-so-slowly while his “favored friend and political ally” was financially and professionally ruined. If that’s “special treatment,” I sure wouldn’t want it. The attorney general has solid motives for wanting to drop this case, ample reason to be troubled by what he has seen in the prosecution –- and persecution –- of General Flynn. Gleeson’s brief does not speculate about these, even though he has no trouble speculating about the President’s motives.

Gleeson makes three arguments: 1) that Sullivan’s court has the authority to deny the AG’s motion to dismiss, 2) that it SHOULD deny the AG’s motion to dismiss, and 3) that in sentencing Flynn, the court should “consider the defendant’s perjury,” a reference to his earlier guilty plea. Unbelievable.

To make this argument, Gleeson must maintain that the predicate for investigating Flynn was sound. As explained well in a piece at, he has to defend not only the origins of “Spygate” but also everything else that stemmed from that. How does he do that when so much that has presumably been learned about it by U.S. Attorney John Durham is still under wraps?

"When you read the brief,” this article says, “if does make you wonder if Gleeson might be attempting to frame the current Flynn argument from the perspective of justifying the total Spygate operation. This approach would be of benefit to the corrupt DOJ and FBI small group who are viewed to have purposefully weaponized their agencies for political intents.”

To counter this, the DOJ might have to open up about why the predicate for the investigation of Flynn is invalid. After all, that’s what the DOJ is claiming in its decision to drop the case. If the investigation was corrupt, then the questioning of Flynn on January 24, 2017, was “materially and fundamentally flawed.” I would add that this is especially true considering FBI investigators recommended closing the case on January 4.

In suggesting that Flynn perjured himself by reversing his guilty plea, Judge Gleeson conveniently avoids the claim that Flynn's plea was coerced. He’s saying Flynn should be punished for lying about a crime he was coerced to plead guilty to. “Flynn has indeed committed perjury in these proceedings,” Judge Gleeson says, “for which he deserves punishment, and the Court has the authority to initiate a prosecution for that crime.”

Oh, but Judge Gleeson doesn’t say that Judge Sullivan should go THAT far, even though he could. Gleeson magnanimously recommends that Sullivan merely “take Flynn’s perjury into account in sentencing him on the offense to which he has already admitted guilt.” Perhaps the thinking is that this is a good way to justify prison for Flynn, which goads President Trump into pardoning him. Flynn, once again, is collateral damage in the effort to hurt Trump politically.

An article at RedState makes some strong additional points.

For one thing, it points out that Gleeson’s brief cites media reports --- which “are sourced to anonymous government officials, which we now know were former Obama administration officials who fed the entire false fantasy “Trump-Russian” collusion argument to gullible and willing anti-Trump media for the past nearly four years.”

Also, it notes that the IG report Gleeson used in his brief was necessarily limited, as “there is NO DOUBT that DOJ has more information available to it than the information reported in the IG report that Gleeson relies on.” In other words, Barr knows a lot more about this case than Gleeson does.

Gleeson also relies on that Intelligence Community Assessment from January 2017, which, as the RedState article says, “reached certain ‘conclusions’ that have been determined to not have been factually accurate.” As an example I would add that John Brennan argued strongly in favor of including the fictitious Steele “dossier” in that report and was able to get a summary in.

The RedState article goes into legal precedent as well, noting language from the Fifth Circuit Court of Appeals that Judge Gleeson conveniently left out when he cited the case the U.S. v. Hamm: “As the district judge acknowledged, the prosecutor is the first and presumptively the best judge of where the public interest lies. The trial judge cannot simply substitute his judgment for that of the prosecutor.”

And this, from the same ruling: “...[T]his is a case in which the Government...decided that it would best serve the public interest to dismiss the indictments against the appellants. Neither this court on appeal nor the trial court may properly reassess the prosecutor’s evaluation of the public interest.” In other words, it’s Barr’s call.

Perhaps Gleeson’s insane, politically-charged argument won’t matter except to show the world even more of what is going on in Judge Sullivan’s kangaroo court. The case now goes to the D.C. Court of Appeals, and oral arguments are set for this Friday.

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Comments 1-25 of 40

  • Diane Rowlands

    06/12/2020 05:47 PM

    I can’t believe Sullivan and his cronies. This is so political. Who’s going to refund Flynn’s money that he lost??? As far as I can see, judge Sullivan lost.

  • Rosemary W Tomy

    06/12/2020 03:55 PM

    Another little person in a position of power misusing that power. While he looks down his nose at the underlings, by punishing one he reaches out to the rest of us to exact his rage and revenge.
    What he hasn't figured out yet is he's stupid. And it will all come back to him one day, his misuse of power. And that day might not be too far off. I believe that good will always win out in the fight between good and evil.

  • Dusty

    06/12/2020 03:15 PM

    SAD! For this President and the attacks now to our Gen and even Milley goes back on he was so wrong to have walked with the Pres to the church. I guess maybe to have walked over after it was burned down? Where are the true Generals of the past. That this Pres had called out the guard and much of our country was being burned and looted. Did they not see the whole news and places I did not even know. Gen WHY and you are not there to protect us the US? Really per my own family who were in. How many of you Gen would now say that Iraq was wrong. Now we have part of a city Seattle occupied per people with guns. Could be my home so what would you know Generals? How would you have handled this as thousands pushed to the White HOuse your home and your family as over a 100 Secret Service injured. Our police we want to protect us attacked now. NO I want my police or I get my Permit to carry in Ga. Movies are to be changed, change our base names these are names of families so they are scum this is our HX do not like it leave. I have dual with Ireland I love both. Have other places to go not a prisoner like in China Russia go so terrible here. Who is our military and these Gen now . Pres Obama was tearing down our military and none of you spoke out. My family in then 32 years was disgusted on the booting out? So the lower soldiers maybe note who are these generals who cannot back this Pres who tried to rebuild? Who are we to trust now not the State Dept ask Flynn . You Gen think what happened to him was fair per the one group in the FBI? Do you all have book deals coming up.? No this Pres is not a shut up and take whatever and not say what he feels is wrong. Now you lose your job and can speak out and right or wrong this is all okay. What I saw the day he went to this church to me watching was to say they di dnot get to burn at least this part of hx. All . Not to not stand for Police to not be like this guy in Minneapolis. Watched COPS as I did with my volunteer for Vietnam husband, and see their jobs rather be in the military. Now take off PD Live for possible one terrible police event per all that go down daily even in my city of Atlanta no longer safe in many areas? ASK VOTERS where is this so called Deep State and what they can do and our now possible Pentagon on what they honestly stand for. I want a gutsy General not a wimp and Milley turned out to be a wimp. Gov maybe talk to the President if his family I would now say please give this up and go have a life. Let the inmates take over after all? Pray.

  • alicia Cervera

    06/12/2020 01:12 PM

    Judge Sullivan is COVER[ING for obama, because he was not like that when I read Sydney Powells Licence to <lie, yet, Now hes LYING, stonewaling and covering for the faux pres. Disgusting.,

  • Pamela Blythe

    06/12/2020 11:34 AM

    ALL of these crooked Judges should be FIRED now.

  • Janet Pingston

    06/12/2020 10:11 AM

    We have had the greatest generation, the x generation, and not the Outrageous Generation. They are mad fighting their fellow countrymen with humiliation. This has been going on for a long time. The bank teller, the grocery clerk, the parent vs teacher- treating customers and teachers with distain- oh … the hair salon owner not apologizing the in the correct way- Thank you Hiliary for showing us how to resist- I mean disdain.

    The United States - it seems- has the world world trying to live within its shores. The country has had to put a cap on entry to citizenship - it is so overwhelming. The country even has ingenious ways to get around the cap. Students- Temporary Visas- Extended Family Connection- Lottery. And these applicants all go back to their home country when the special application expires

    The United States for all its goodness, does have a evil side that at first was hidden for far to long Our civil war brought to close this horrible practice of owning other people. (by the way - Add me to the list or retribution because my great grandfather did not come back from this war. and he fought for freedom of slaves). I know it has not been an easy path for the newly freed. I know I can not totally understand because I do not walk in those shoes.

    Like any parent you always wish better for your children. The slaves once free were also parents that worked very very hard to make better for their children. As each generation continued to do so and make strides. However, instead of having a next generation moving forward on what has been EARNED by their ancestors the opportunity to become a better person to then make a better society. They have learned disdain (throwing money at a problem does not produce a solution) for the countries prior mistakes.

    Two wrongs do not make a Right.

  • Clyde Mathews

    06/12/2020 09:42 AM

    one thig about the "swamp" is that instead of water and mushy it is more like granite and has to be chipped away a little at a time. A swamp can be drained but a stone has to be broken up and sometimes blasted. If Flynn is set free that gives more time to go after the others. The longer Flynn fight has to be fought, the more time they buy and hope Trump will loose and they will never be prosecuted and can even pursue the destruction of America as a "free" country.

  • Torpy Skinner

    06/11/2020 10:39 PM

    How do we get Huckabee.TV? We watch your program each Saturday night but don’t know how to get Huckabee.TV

  • Beverly Stotts

    06/11/2020 07:18 PM

    When is this going to stop!
    Why Isn’t Judge Sullivan removed from the Bench!
    This whole thing disturbs my soul!

  • Linda Wolfe

    06/11/2020 05:57 PM

    All liars will be thrown into the lake of fire ! God is much more merciful than me, as I would have zapped them long ago.

  • Robbie Mize

    06/11/2020 03:53 PM

    Most times, it seems there are more in the swamp than on the banks of the muck. I am not at all convinced justice will be done until God's final judgment day....on that day we shall see who is right and who is wrong. Maybe I will around to see it.

  • Jim L

    06/11/2020 03:46 PM

    I am so sick of ALL this hate for Trump. He has done more for this country than any President in my life time. These people need to get over it and get over themselves as someday they will answer for all the wrong they have done for almost four years. I didn't like Obama, but when they elected him, I accepted it and moved on. I didn't even like the way they gave him the Nobel Peace Prize for doing nothing, but I moved on from that as well. Even though I still believe that that prize has no value any more. Flynn needs to be exonerated from this whole mess, as in my opinion he did nothing wrong. Flynn and many others has paid such a dear price because of all these haters that can't get over the thought of their "Queen Clinton" didn't win. I could go on, but I don't have 24 or more hours to discuss all this, and I'm sure people don't have 24 or more hours to sit and read it.
    God Bless you Mike Huckabee, and God Bless the United States of America.

  • Douglas Swafford

    06/11/2020 02:19 PM

    I am deeply disappointed in the Republican leadership. Democrats have a strong united voice on the racial tension we are experiencing but Republicans are deafly silent. Why isn’t McConnell hitting back? Why does Graham talk tough on FNC but doesn’t ask the tough questions? Scaliese isn’t saying anything. Democrats have the upper hand because they are effectively pushing their narrative. What’s wrong?

  • HelenC

    06/11/2020 02:19 PM

    What a farce judicial system has become. Innocent are proclaimed guilty by judge, as in Flynn’s case. Guilty go free—Comey, Brennan, McCabe, Struck, Rosenstein, Clapper, HClinton and list is growing.

  • Floyd A Unger

    06/11/2020 01:46 PM

    We just must not quit

  • Sidney Patin

    06/11/2020 01:44 PM

    Gleeson's so-called amicus brief, and the actions of Judge Sullivan, reek of political bias. Gleeson has a lot of nerve to suggest that the actions of the DOJ were political. Sullivan should be impeached, and that may yet come to pass.

  • Gregory G Keller

    06/11/2020 01:43 PM

    After this moron of a judge is done and has given him his sentence then Trump can pardon him

  • Ronald H Cok

    06/11/2020 12:58 PM

    Ridiculous nonsense and unconstitutional brief filed only to baffle the American people with BS, delay long enough to for Biden to be elected, force additional expenses for Michael Flynn, collect mega dollars for themselves and force the President to issue a pardon. And they think it is so cute.

  • Robin Rebhan

    06/11/2020 12:49 PM

    After reading the Gleeson's brief it seems quite apparent that windbags are still thriving in the swamp of legal and political jargon.

  • Rita Randolph

    06/11/2020 12:41 PM

    Can't wait for the judge to get impeached. THAT will be justice.

  • Ann C. Rhodes

    06/11/2020 12:39 PM

    I expect little these days with those "O" administration left-overs. And they are still his. Justice is not and has not been served. Justice is amok.....look to the cities and "rioters". Same groups.

  • Phillip S Wood

    06/11/2020 12:24 PM

    What happened to Sydney Powell’s appeal to take this case out of Sullivan’s hands?

  • Carolyn Sammons

    06/11/2020 12:13 PM

    Never in a millions years, would I have thought our country (good old USA) could come to this. Judges ruling cases not according to the laws but by THEIR political views siding with liberals. FBI and CIA putting their heads together with liberals to destroy our President and our country. Social Media only reporting and featuring news that makes their political party look good. Mayors standing by (and ordering the police to stand by) and watch their city burn to appease a group of rioters and protesters. Letting these same people decide to get rid of the history of the US as if it would all go away if they destroyed our monuments. And last but not least, what ignorant leaders would want to abolish the police departments to keep their cities safe. They have lost their minds. Where did common sense go? I guess since it hasn't been used the past few years, it just dissolved into dust.

  • Deborah McClure

    06/11/2020 12:02 PM

    Along the same line as the disclaimer to GWTW, I caught the ending of the movie Mr. Magoo and there’s been a disclaimer added to it so as not to offend the visually impaired. And on the note of Elmer not carrying a shotgun does that mean all those westerns need to be altered and the war shows? Whoa wait we won’t have any action films to see because they shouldn’t have guns either oh and video games. They just opened up a can of worms. But I forgot there’s a double standard.

  • william sanders

    06/11/2020 11:41 AM

    Justice in America seems to have disappeared thanks to "activist judges" who appear to be politicians with a robe.