Blog

  • Where We Are Now In The Michael Flynn Case

               The full United States Court of Appeals for the D.C. Circuit yesterday granted Judge Emmet Sullivan’s Motion for Rehearing En Banc, vacating a decision by one its three-judge panels, and will soon decide whether to grant General Michael Flynn’s Petition for a Writ of Mandamus against Judge Sullivan. Flynn seeks the Writ

    Read more

  • Court Refuses to Tolerate “Retaliation” Against Micheal Cohen

    Check out – Tom McParland, 'It's Retaliation': US Judge Orders Michael Cohen Released From Prison, Finding Free Speech Rights Were Curtailed, law.com – "U.S. District Judge Alvin K. Hellerstein of the Southern District of New York said in a hearing that in his 21 years on the bench, he had “never seen” a clause requiring that

    Read more

  • New Filings in Flynn Mandamus Action

    Michael T. Flynn's Opposition to Rehearing En Banc has been filed today in the United States Court of Appeals for the D.C. Circuit. This is in opposition to Judge Emmet G. Sullivan's Petition for Rehearing En Banc, filed on July 9. The Department of Justice was invited by the Court to respond and did so

    Read more

  • Robert Mueller Speaks Out!

    We are finally seeing former Special Counsel Robert Mueller defending his investigation.  Check out his op ed: Robert Mueller: Roger Stone Remains a Convicted Felon, And Rightly So, Wash Post (esp)

    Read more

  • Commentary – Trump v. Mazars, Trump v. Deutsche Bank, Trump v. Vance

    The Supreme Court issued two opinions on the last day of the Court, all pertaining to the non-release of taxes and documents of President Trump. The questions presented (here) had different entities seeking business records or tax returns of the President for oversight or investigations. Some points from the Mazars/Duetsche Bank cases: A president contesting

    Read more

  • Judge Sullivan Requests Rehearing En Banc in Flynn Case

    The Flynn case has proved to be interesting, with first a guilty plea by Flynn, and then the government trying to dismiss the case.  Prior posts are here, here, here, here, here, here, here, and here.   The latest is that Judge Emmet G. Sullivan has filed a Petition for Rehearing En Banc.  The issues include

    Read more

  • Trump v. Mazars, Trump v. Deutsche Bank, Trump v. Vance

    These cases come at it from different angles, but all involve subpoenaed records of Donald Trump.  In the Mazur case the U.S. House Committee on Oversight and Reform issued a subpoena to Trump's accounting firm and some of his businesses for financial records. In the Deutsche Bank case the Committee on Financial Services and the

    Read more

  • NY Department of Financial Services and Deutsche Bank – Jeffrey Epstein

    The NY Department of Financial Services entered into a Consent Order with Deutsche Bank AG (NY Branch) and Deutsche Bank Trust Company America with the Bank agreeing "to pay $150 million in penalties" "for significant compliance failures in connection with the Bank's relationship with Jeffrey Epstein and correspondent banking relationships with Danske Bank Estonia and

    Read more

  • Supreme Court Accepts Cert on Redaction Issue in Mueller Report

    Will the Court allow the release of the redactions in the Mueller Report?  The issue accepted by the Supreme Court is  "[w]hether an impeachment trial before a legislative body is a 'judicial proceeding' under Rule 6(e)(E)(i)?    The briefs on the Cert Petition are: Government Brief  on Petition for Cert here House Judiciary Committee Brief

    Read more

  • Short Take: Flynn and FARA

    A frequent accusation hurled at the Michael Flynn camp is that Flynn’s plea deal was a tremendous boon to him, because Flynn faced possible charges, or, in the words of Lawfare’s Ben Wittes, “massive criminal liability”, for failing to register as a foreign agent for Turkey, during the transition period, in violation of the Foreign

    Read more