The DOJ lawyer is now doing a very good job. I will be curious to see what Sullivan does after all this. He might say something like he will take all the arguments under advisement, then delay another two weeks before coming up with another issue he wants some more briefing on. If he doesn’t dismiss today, Powell will appeal. She said she would go directly to the Supreme Court. I don’t know how she can bypass the DC Circuit, but if she can, that would be the way to go.
Sullivan just claimed that Gleason is not a special prosecutor, he’s just an amicus. Yet, Gleason just gave a prosecutor’s closing argument that Flynn was lying when he spoke to the FBI, and it was material and his charges were justified. The whole thing is surreal.
It’s over. Sullivan said nothing about his ruling, he mentioned something about sending a minute order, but I couldn’t tell if that was about a ruling or about some other matters in the case. Powell said she needs an immediate transcript. She didn’t say why, but she needs the transcript to go to an appellate court.
that’s good insight - Gleason stepped outside his purview - making factual assertions about facts in error before the court.