Judge Emmet G. Sullivan's Cogent Order, In Full -- Re Michael Flynn, And William Barr.

The able USDC judge is going to rule prudently -- and accept input, from former Watergate prosecutors, among other parties. Perfect.

It would seem plain that Jill Wine-Banks will lead the charge to rebuke Bill Barr. More in a minute or two. . . . still processing. But it will enrage 45.

. . . .MINUTE ORDER as to MICHAEL T. FLYNN.

Given the current posture of this case, the Court anticipates that individuals and organizations will seek leave of the Court to file amicus curiae briefs pursuant to Local Civil Rule 7(o). There is no analogous rule in the Local Criminal Rules, but "[the Local Civil] Rules govern all proceedings in the United States District Court for the District of Columbia." LCvR 1.1. "An amicus curiae, defined as friend of the court... does not represent the parties but participates only for the benefit of the Court." United States v. Microsoft Corp., No. 98-cv-1232(CKK), 2002 WL 319366, at *2 (D.D.C. Feb. 28, 2002) (internal quotation marks omitted).

Thus, "[i]t is solely within the court's discretion to determine the fact, extent, and manner of the participation." Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) (citation and internal quotation marks omitted). "'An amicus brief should normally be allowed when a party is not represented competently or is not represented at all, when the amicus has an interest in some other case that may be affected by the decision in the present case (though not enough affected to entitle the amicus to intervene and become a party in the present case), or when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide. Otherwise, leave to file an amicus curiae brief should be denied.'" Id. at 137 (quoting Ryan v. Commodity Futures Trading Comm'n, 125 F.3d 1062, 1064 (7th Cir. 1997)); see also LCvR 7(o).

Although there is no corollary in the Local Criminal Rules to Local Civil Rule 7(o), a person or entity may seek leave of the Court to file an amicus curiae brief in a criminal case. See Min. Order, United States v. Simmons, No. 18-cr-344 (EGS) (D.D.C. May 5, 2020); cf. United States v. Fokker Servs. B.V., 818 F.3d 733, 740 (D.C. Cir. 2016) (appointing amicus curiae in a criminal case). As Judge Amy Berman Jackson has observed, "while there may be individuals with an interest in this matter, a criminal proceeding is not a free for all." Min. Order, United States v. Stone, No. 19-cr-18 (ABJ) (D.D.C. Feb. 28, 2019).

Accordingly, at the appropriate time, the Court will enter a Scheduling Order governing the submission of any amicus curiae briefs.

Signed by Judge Emmet G. Sullivan on 5/12/2020. . . .

Of course, Sidney Powell [for Flynn] has already objected. She will. . . be overruled. The judge has every right to manage his docket -- especially where Flynn TWICE pled guilty, after robust warnings -- and reproaching advice, from Judge Sullivan -- about the gravity of the plea. Onward. More ssssssoooonnn.

नमस्ते