RD - Flynn, Levin, an Armadillo & a Duraflame Log
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It's informative it is Mark Levin who who were going to break down the game film on so at stay tuned for that. I detail about Tommy. John Working from home all that sitting sitting and answering emails than standing squatting down again and up again. Picking up the kids toys and Filling the dogs ball chemmy Tommy. John knows life has its ups and downs and the have their new and improved men's underwear and it's making it a two times more durable and more resilient Tommy. John the stuff is the best. I'm wearing mine right now. aware the under shirts where the lounge wear the underwears spectacular. I've told you that if worn through a pair just or to just because of how much how often I wear and how long I wear. But now they're even more durable and right now they have a memorial day sale up thirty percent off site wide. This stuff is the best the loungewear. It's all top shelf. It's the best. It's Tommy John. Right Gary that's right. Shop the Memorial Day sale at Tommy John Dot Com and get up to thirty percent off sitewide with Code Adam. That's Adam for thirty percent off sitewide at Tommy John. Dot Com. See Site for details. This is Corolla digital. This is reasonable doubt with your hosts Mark Garrison and Adam Cole. Welcome to this bonus. I guess it's almost a bonus. Round of the best. Our Universe Adam flew all the way to Texas for a haircut. I don't have that many heirs to cut. Gary's hair looks good on the long side. So we're here. We figured with this week that has happened that the least we could do is Gary It. I could get together and talk a little bit about just kind of a recap of where we are coach. I I do. I mean you know with with Adam traveling. Sometimes we've got a record a little earlier in the week than we would like and you know this is very much become a show about breaking news and what's going on you know day of and people are used to US recording on Friday. So we'll give them a little tougher. Yeah in today. Let's talk to things that I know. Our audience is pretty much usually into one. Is the Flynn case for those of you who have been following the saga at least unreasonable doubt. We had predicted two weeks ago. That this judge Judge Sullivan Jared Sullivan. Who was the District Court? Judge may not just go along with the government in their motion obviously joined by the defense to dismiss the case then last week. We talked about how that did happen. Nettie set it for a hearing. He appointed a retired judge. Judge Gleeson to look into it and now the court of Appeal the DC circuit has ordered unanimously three. Nothing that he's got the judge Sullivan. Hasn't ju I to answer what's called an se short for order to show cause as to why he shouldn't do the do what the government wants. Basically and did you notice scary by the way I sent you. The order to notice the case they cited. I didn't I I'm looking at it. United States Stigler United States versus Falker services. Fahkre Services Falker. So this is going to be a Falker case. It's Pharma case and Falker was basically a two thousand sixteen case out of the DC circuit. Where the holding in that case was a district court. Judge did not want to go along with a deferred prosecution agreement and the Court of Appeal reverse that although they did go through Sa- machinations whether or not you could do an interlocutory appeal slash rick. We talked about that last week. I personally think that there's going to be some issues procedurally as to whether or not the court can do this. Because unlike of Falker case this is a case where a plea was already entered and I my guess is Judge Sullivan is going to respond. Is GonNA respondent say yet but Falker was whether it was no plea? They wanted or not me but another district judge to exclude time. You have a right to a speedy trial. And what he what the judge in that case that? I'm going to exclude time. They told him you know. Basically the executive branch has all of the the the power when it comes to charging decisions and so that was probably an abuse of discretion. In this case. It's different in this sense. The twice the the defendant. Michael Flynn as pled guilty. Now part of the problem with this and I think what the DC circuit circuits going to have to grapple with. What are the reasons because this does not happen? Generally in the State Court but in federal court when you plead guilty just like Lori Laughlin in Moslem. Oh you raise your hand you declare under penalty of perjury. That what. You're pleading to everything you say you're under oath. The reason they do that first of all you to tell the truth second of all they don't want you getting sentenced later on coming back and doing what's called a twenty two fifty five which is already ABS Corpus and say. My lawyer promised me this. Somebody told me that. So they go through a litany of questions. They being made this record judge in order to make sure that. It's a free of all terry waiver and you Keiko Sideways. Which is what is happening. Here and the judge unsure as I've indicated on more than one occasion judge Sullivan was fed quite a bit of information. Such that at one point maybe a year ago he indicated that Flynn had betrayed the country or arguably at so. I think he wants answers as to what really happened here. Dc circuit is saying. I I think you've gotTA explain this. Because the charging decision rests with the government. It's going to be some fascinating stuff next week. If they file it by the time we record they don't you and I guarantee you're going to do another topper. Yeah we'll That one might might just have to be a supplemental episode. Because we'll come out on Saturday as always but if it should break. I think June first is a Monday. June I is ran. Actually when he's ordered to reply he could reply before then if he does. I think we're going to talk about it. Because it is a fairly fascinating issue and Oscar while it is explicit that the executive branch meaning the Department of Justice Has Dominion and control over charging decisions. This is that as much charging as it is a somebody who wants to investigate whether somebody pled guilty in his courtroom under penalty of perjury and is now going back on the factual basis in why that might be I had so there's some there's some nuances but I. I'm fascinated by this while so as Adam so stay tuned. I'm sure we will continue to cover that now. I know there's another case you alluded to earlier. That people are very interested in your thoughts on which is the The Laurie Laughlin Mosima. But before we get to that. I don't think you bring this up because you're not wanted to talk about yourself but this coming week it is addressed on adamant Dr drew and I think that you should have a chance to weigh in on it. I since it does involve you. I saw you got a nice new bike lane right outside of your restaurant. Ten by got so. We sued mayor glitter relieved Friday on a Saturday. I've never seen the city access. They put a biplane in front of and which stops our ability. Do Curbside Service without a pain. We've were make it. We're trying to do right now. Hold on let me interrupt for those who don't live in L. A. And may not be able to envision this in downtown. La would a bike lane. Looks like is not like like what it might look like in your suburban city. Where there's just a line painted on the side of the road in downtown. La they basically step off about four feet from the curb and they put up these giant. You know eight inch wide pylons so that a car can not physically come anywhere near the bike lane which is secure for bikers but when you're in the midst of a pandemic in all restaurant can do as curbside service. It really impedes your chances of getting anywhere near a curb or having anywhere that you could presumably even stop a car and now to add insult to injury there now. Our food trucks that park emp blocked the street saw on the outside. So that not only am I paying taxes by the way I've searched and I don't find a valid license for either of these trucks that are parked out there which means they're not paying city of La tax the probably not paying firmly fees. I doubt the health department is going over there doing anything. I doubt they're paying county of Los Angeles Property Tax. I know they're not paying any rent. But they're parked directly in front of where the curbside service would be and they blocked a full lane of seven street. My do if I did that with my car. Oh by the way I have in front of my restaurant on Figura you get the ticket you get told. The food truck just sits there that part. They don't They they get tickets. That are slapped on the windshield or they put up only tickets on the windshield. And they're they're from eight the morning till midnight so free rent courtesy of Seven Street. Absolutely ridiculous for those who are interested. You can go to mark's twitter and you can see pictures of both the new bike lane and one of the Spending food trucks. But I just want to give you a chance to address that because it is absolutely you just want it. Friday fright late Friday afternoon. Blood pressure rising for this back. I'M GONNA go there after this. I've got a couple of got a couple of little surprises in store for this food truck but the other Lori Laughlin so a lot of people asked. Are You surprised I know? They made a calculated decision. They had they being Their lawyers I thought a very good issue and their issue. Was that the the cooperating witness who was a guy named singer. Had said in real time was keeping notes of his cooperation with the prosecutors. Our prosecutorial agents and that they had told him to bend the Truth and actually I think it included the prosecutors and in order to get this as not a donation that it was characterizes. A bribe If I saw that you would be hard pressed to get me to advised clients to plead however there's also been the government in response. Kinda put into a motion embedded some pictures that I think they had supplied of the two young ladies rowing on the rowing machine. Yes yes I rowing machine as if they were Rowing Stars on their scholarship. So there's arguments both ways. The problem was they took their best shot. The judge said it was irresponsible. But it didn't rise to level prosecutorial misconduct. That's a nice book and to. I wonder what would have happened. If president trump had a microphone on that JAS or a megaphone on back case whether or not a judge Or the Department of Justice might have taken a different view. That's part of the problem with the Flynn. Case is you can pick case. I discussed this before. You think the Waffler case you can take my case in Utah. Which is we've already had By the way one. Fbi agent indicted another homeland. Security agent convicted another implicated homeland security agent and eat the AJ agent implicated. We've got I R S agency or Ogden. Utah Tipping off in advance that we can advance a search work. I mean you WanNa talk about corruption at the core of the federal law enforcement. That case in Utah has got a quick. It's the Quinnell of of Prosecutorial misconduct but we don't have the megaphone of the president flew once again going back to what the DC circuit says. The executive branch has discharging decisions and they've got Dominion and control. If you will over that I would be adamant in support of what's happening in. Flynn applied across the board. But it's not applied across the board and that's part of the conundrum of what's going on in the country in the Department of Justice will be the kinds of things that the president complains about. He complains about when it is a case. It's close to him. I get that but if the Department of Justice is going to be even handed they need to take a look at cases like Lori Laughlin in the agents notes cases like mine in Utah. Which by the way was prosecuted straight out of Maine Justice which is outrageous in my opinion. What's happening there and I will tell you. I filed another motion. Us last night government rain into get it sealed because they didn't want the exposure of it In my humble opinion We'll deal with that over the weekend. So there's very the the way you fight the government you take a risk. Flint took a risk Lori Laughlin took a risk because if they had just pled guilty originally or even a couple of months ago coronas started. She wouldn't be looking at begging for two months house arrest in the government looking for something else five months or whatever else they would presumably. Justin sent home because corona the department. Ajay Adjusts Directive. So they took a gamble they lost and now they figure they're going Because by the way the only thing more extinct than some endangered species are the federal criminal jury trials. They just rarely happened. I don't lawyers. Who Haven't tried three of them in their career Who Do nothing but criminal defense? So it's a it's a rare thing. Most lawyers will not try most plants. Don't want to risk it because the the the odds are stacked against you more so than any other area of the law. Were you surprised? I'll rephrase I was somewhat surprised based on some Some of the things you have said on this show along the lines of the Laurie Laughlin case that they really are only looking at a couple of months. Probably as opposed to the government going after them fully which you had posited that if they kept going down this road every day that they tried to fight would be a stiffer sentence when they either did eventually go to trial. Or you know I. I guess I presumed when they settled they would be treated more harshly because they had made this go on especially being so public for so long so did were you corona. Not No not surprised. In the least in fact it's still have given their landscape module. We talked about this case. I believe it was a while ago. Pre Corona that was before the Department of Justice started emptying out the Bureau prison directing the bureau prisons to start emptying out. They no matter what would have happened absent going to trial. Where if they had taken the stand then you can really get hammered if you lose because if you take the stand you lose then you get an obstruction enhancement. That really is painful. But you know you saw this week. Michael Owen of all people was released. Paul Manafort had already been released so in the federal prison because of just the you know right here in La County. We've got the biggest hotspot down to terminal island. Six hundred some odd cases testing positive down there. The prison system is rife with corona. And I don't even know that we're getting accurate figures. But clearly there's no social distancing going on if it's in there it's a disaster because it spreads and you don't really have access the ability if you're a prisoner to protect yourself I doubt there up masked maybe could be above my pay grade but now that does not surprise me that people are asking for two or five and remembrance all the judge sentences. We still don't know whether or not a lot of these judges taken upon themselves to do sentences well in excess of what they normally would because of the what they say the Exalted Position. Generally of the defendant or the accused on last thing before we go one last thing. I think has been the you've seen today that the president has issued some orders. One of the orders was for heart meets cases on religious liberty mentioned. Three of her cases just came out right before I got on the video with you and issued a letter a to mayor. Garcetti telling him that is these stay. Borders are draconian. Were Hoping I've got a hearing on Wednesday. I'm hoping we get some action based upon that. I've been talking with the with the team here but it's apparent that many of these orders now we're getting scrutiny from the Department of Justice so it's an interesting time that we live in strange bedfellows yet absolutely is and I can't wait to To hear from Adam when he comes back next week I've already spoken to one of the guys that he took on the trip and You know they're they're getting haircut already. Got Both on haircuts. They went to Mastro's last night. There headed to Morton's tonight so they're they're back living in the last words. I had a for Adam. Yesterday would have a bone in rib by and a very cold Martini. Dry Up. Yes I believe he did. And I a little Birdie told me that. He ordered the 35-ounce Tomahawk last night. Not for the table for himself just for himself. I could not be more jealous. Well market was good. Good to catch up with you sir. Thank you gary. Next week. All right well hold hold on there and Marketing will be coming out with fresh episode. Right now get on got to get onto the mandate get it on and welcome to the best hour or so in the universe. It's reasonable marquette. Goes over there. I WanNa thank Tommy John for sponsoring this show. So we've talked in the past and kind of built up this Emmet Sullivan judge shipped thing and and the Flynn General. Flynn situation and I also since people seem to enjoy when you break down the game film. I Have Mark Levin. Who's a very conservative? Talk show hosts kind of breaking. But I he's he's got a legal background sort of breaking down what Emmet solvent should or shouldn't be doing and every time I see something like that I think I wonder what mark would have to say about that point that point and let me give you a little for those who didn't live listen two weeks ago when you as was the usually the case when legal matters are reported actually win any matters are reported. Reporters don't really understand Absence some sharp legal reporters. What's really going on when the government agreed to jointly dismiss the case against General Flynn? Everybody was like a fait accompli. And you'll remember two weeks ago. We talked about the facts. Not so fast. This judge judge. Emmet Sullivan is an independent thinker. And I'd send this before and I'll say it again I've done. This is the judge and when I met him the first time we were on a panel together in Washington. Dc He's in the I believe he's in Washington DC. At least that's where the panel was. He had just excoriating the Department of Justice Way. Back when for the Ted Stevens the Senator Prosecution by the Department of Justice and mind you? That was guess you know that. Was the Obama Department of Justice. It was Eric holder was the was the GDP so to speak and a lot of people. Forget the fact that as a result of that case because he had listened to that trial and he was very upset about the fact that the Department of Justice had not turned over Brady material which is exculpatory evidence of somebody's innocence. And that is the to my mind. That's verboten the first commandment of a prosecutor you turn over Brady material. And he made it. Part of his kind of standard court ruled courtroom rules. You're in my government when you come into my courtroom you turnover brady material so when everybody was talking about this I was like wait a second I saw because I was. I've always been as you know as you are very interested. In case he excoriated on the record once Michael Flynn for potentially betraying the flag. Now my the a general so he must have seen something. We talked about it under seal which troubled him greatly and this Michael Flynn in the federal system. Unlike most state courts. When you plead guilty you raise your right hand you take an oath and you tell the judge. I'm doing this. I'm pleading guilty because I did this. Factual basis and they've got a detailed factual basis of what you did. And you swear to the judge that you you haven't been unduly influenced there's nothing else that's been promised to you. You're you're not under the influence of this. There's no secret deals bub-bubba and you're pleading guilty because you are guilty. And why do they do that because they understand the background? This the judges. What inevitably what happens. Guys plead guilty. They get sentenced. They don't like their sons but they've pled guilty. What can they do so then file? What's called a twenty to fifty five Ruta Habeas Corpus? Once they get to prison some other prisoner tells them this is how you get out and they say my lawyers a piece of Shit my Lord and tell me this this or this. I didn't know this. I'm not guilty by and that clogs up the system number one and number two. They don't want to have to deal with those things just as wrote so when they put you under oath and they lead you through all of these questions. Federal judges have believed that they then have a pretty fulsome record of the fact that you've admitted to all the elements of the crime. You've are in your own words. A factual basis to the crime. And therefore you're not gonNA come back to be a year two years ten years later and say I wasn't guilty so when everybody's saying Oh Emmett Sullivan. The judge is just GonNa Dismisses first thing I'm saying Hello. He did this once not once but twice and this. This is going to be fascinating. Because is he going to hammer the government for hiding this stuff and or is he going to hammer Covington and burling and I'll get to that in a second. Which is the law firm that I represented Flynn that entered the plea where there's notes where they were playing games with the government to not disclose the fact that Michael Flynn's son was not being charged. Why is that important guests? Who was a lawyer at Covington and burling in Washington DC one of the managing partners during the Flynn Prosecution? Where they were doing. This sub Rosa Agreement with the government. Don't know Eric holder. Oh that's right. I get into conspiracy theories here by the way guests who as Eric holder is the one of the managing partners at the Washington. Dc office guess who is representing the NFL against the in that office at the very same time they worked hand in glove with the DOJ. Guess who they were representing steadman. Because he looks like Eric holder the NFL the NFL against Colin Kaepernick Baiju. I sat in the DC office. As I've got probably the most iconic civil rights figure of his generation and the COVINGTON and burling has gotten their conference room Luther King and other posters up their third fighting the good fight for civil rights as their billing the NFL. God knows how much they spend at the NFL. The hypocrisy of big firms never ceases to amaze me. I'm sure I'll get some kind of missive from somebody for exposing this kind of bullshit. But that's what that's the kind of Inner Nessin Quality of big firm law firms and by the way department of Justice the revolving door that is the Department of Justice. Well I also WanNa talk to you about the term unmasking. Because I've heard it a bunch of times as it pertains to Flynn and I think he had forty eight like unmasked request and I think why all the unmasking. And how does that work? And I'd never really heard about it before this and then there are things like Gary. I'm trying to think of what the female ambassador was. She asked she had seven different unmasking requests for Flynn and you think about why she asking for all of this stuff. It all seems bizarre. Anyway Gary you've got Hannity up here which is Great. Because we're going to do the game film if you can find Hannity years ago mocking me about Mark Levin because we do have a history will we could follow the Mark Levin. So Yeah Yeah and. Hannity has cited has talked about it on air because for those who don't know Fox News when they first started was right smack DAB in the middle of the nineties. Cnn was then a juggernaut. I was doing the Whitewater stuff. Fox just came kind of online was the upstart and mark. Levin has a glorious history along with some of these other guys on the right as being kind of the The soldiers for the Whitewater investigation. That's a whole different thing. Let's see the sleigh the Game Samantha power former. Us Right Asser to the United States. So they're saying why she asked for Flynn to be on. That don't get me started on Samantha. Patterns Nations Yeah United Nations. Who by the way prior do Obama was a big proponent of the Armenian genocide than she then take a look at her history as well as on recognize the genocide and now apologizing for the fact that she checked her more morality as to recognize the genocide at the door when she was in the administration? Why would she want to ask? Make seven request. Unmasked Flynn I. There's there's so many cross-currents here. I don't even know where to begin. I don't WanNa get into the yet. Because we're GONNA do the tape. And Gal certain stop so mark Levin. He's crazy but smart but kind of funny conservative talk show host. I was on a show about fifteen years ago because he was a huge crank yankers fan really and he wanted me to call into his radio show and I called in any basis yell that time and then we hung up you and I both share that experience and I yelled at each other like you wouldn't believe in Hannity has made fun of me over it. I hear ago reaction. He's the host of Sunday night's Life Liberty Lavigne. Apm number one show and his time slot by far author of the Number One New York Times bestseller freedom of the press. I call him a great one mark Levin Mark. He testified in so many others. They all we all know they said to the House Intel Committee. No evidence of all right. So he's he's responding to the James Clapper Right. Thanks to all these people all said we didn't know anything about flint or we didn't do anything about now. You Yell Stop Motion. That's not what the mob set in the media about what he said. Take a wing and put all these guys and there's what they have done to this country the rule of law the constitution. Okay wait clerks with this weekend right here on the Spartan how in the world you know if we gary. We should find because he wasn't as popular. We should find him twenty years ago with him and David Bossie who I forget which Super Pac bossy runs. These two were equally as ridiculous as what they're complaining about when they were attacking Clinton. I mean the idea that he's going to say we want to wing in Leavenworth. The I've been talking about the lack of shame. But go on Judge Emmet Sullivan and I WanNa talk about him in particular. What is the judge? And what is the judge supposed to to you know? My first book was on judges. Called men in black have. The Supreme Court is Destroying America we'll actually. It's worse than that. Judges are human beings that are perfect human beings. When you look at judges history some have been great. Some have been morons. Some been freedom fighters some have been racists and bigots and corrupt and. I'm just talking about the Supreme Court. Justices that say that's a fair. That's a fair price. Appraisal I mean by the way there's Supreme Court decisions that are demonstrably racist. So yeah that's a fair appraisal couple things you'd like to be called your honor you're on you're an American citizen and it's your job to protect what goes on in that courtroom and protected defendant protected defendant under the fourth amendment of the Constitution Fourth Amendment. Judge the right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation particularly describing the place to be searched and the persons are things to be seized. Put aside this counterintelligence crap. That was a fiction from day one. Mr Flynn is first and foremost an American citizen. As as everybody else who's been unmasked by the Obama Administration they used the surveillance of the Russian ambassador. I suspect many others as an excuse to back door their way in the eavesdropping on American citizens particularly those who work for the trump. Now we got us up. Okay this has. I don't know why he's got a picture of Emmett. Sullivan up there. Because what that was was a FIS. Application had nothing to do with Sullivan. Pfizer has their own set of judges. We've been for those of us on the on the side of criminal defense. We've been complaining about Pfizer. I have specifically since one thousand nine hundred eighty three when I was sworn in because we had a FIS a case here in the central district of California. I've been saying it's a star chamber for almost forty years. That has nothing to do with the Michael Flynn complaint or if you will investigation that had been sly that Emmet Sullivan is conducting. So this is a good preamble to you up. But it's complete diversion in clear violation of the purpose intent of the bill of rights in the fourth amendment. Let me explain another amendment to the judge that would be amendment five the fifth amendment. No person should be deprived of life liberty and property without due process of law. We stop again. Okay look this is what you gotta set the table for. What actually is happening here. Michael Flynn was represented by lawyers. Covington and burling. Okay you can with go in any way you want with the conspiracy theories the fact is when they they kind of put you in a Who's the old thing where you got the balls out hopper hopper right? That's how you get a judge. The federal judge in federal court. They file an indictment or criminal. Complaint it goes you get assigned to a to an article. Three judge a magistrate. When they got emmett Sullivan the coveted burling. They were in the people in the right were ecstatic. And why were they ecstatic? That's why I went through that whole thing about Ted Stevens. So then now talking about the fourth and Fifth Amendment he waived his Fifth Amendment. Michael Flynn did when he pled guilty. Not once but twice. He waved it. Because that's what you do you get your rights. They Hanjour your rights. You Waive your rights. That's what a guilty plea is. So I understand the wind up and what he's trying to do to fire you up but this is beside the point if you WanNa talk about what the inception of the investigation was I get it but that is a different motion. That's not a motion to dismiss and the judge understand what judge solvent since. He's got his picture up there. Judge Sullivan is faced with this. He's somebody who's seen the Department of Justice. Play hide the ball with another Republican senator right before his election. Which is you know. Arguably interfering with the democracy he was an equal opportunity slammer when it comes to a democratic run. Doj now. He's got a situation where he has gone out of his way to make his rules in his courtroom that you have to disclose brady materials told. The prosecutors sat in a Department of Justice say trump run bar run department of Justice to his credit the attorney general appoints another. Us Attorney to look over this case and he comes to the conclusion that there was material that should have been disclosed and that the inception of the case was tainted which is what Levin is talking about. But they're stipulating to dismiss it and as I said two weeks ago. This judge isn't going to just say no harm. No Foul. A lot of judges might have. That's not the judge I want. If I'm in a courtroom I want to judge it's GonNa say wait. Wait wait you had this guy. Plead guilty twice in front of me. Now you're just GONNA come in and dismiss it is this because of political influence by the president or are you trying to cover up something that happened at the DOJ or war was the were the lawyers for Flynn before were they engaging in some kind of subterfuge no matter what you say. This guy had somebody standing before him pleading and under oath that he had committed an act. And now you're saying okay. We're letting it go. So are you saying while the van in many are saying leave Flynn alone? The man deserves to go free. They've dropped their case. Both sides have dropped their case. Were you to keep the case alive. You saying that Emmet Sullivan with call. Mammoth Smith. Emmitt Sullivan is saying I'm not. I'm not dropping this and walking away because I need flynn punished. I'm just not walking away from this crazy process as if it never happened. It's if you don't understand his history sitting there and he is the only one in this whole thing that although I'll give Sydney Powell credit she wrote a memo. She hadn't made it such a kind of a screw. It has screened like qualities. But she wrote a memo to Obama which I sent two carrier early by quality. Well she was. She's writing a memo to Obama like he works for her right Sydney Pollen. It's Brian his Flynn's attorney get corrects and Bronco Hussein Obama if she just said President Obama. But when you say Barack Hussein Obama it's got a dog whistle contrived and it so but there were it's an excellent so parts of that memo are excellent. It's got some great stuff in it but I'm complaining about. Is You want a federal judge who's going to take this seriously. It's going to get to the bottom of by the way he. He doesn't want to be the one to decide because he may have to either grant the dismissal or sentence. Flynn depending on what he does so he appoints somebody a judge. Gary I WANNA make sure I've got. His name is judge Gleeson from the Eastern District retired. I believe that is Chris. Gleason who they're saying. Wow this is not a good judge judge Gleeson wrote an OP. Ed Judge Gleeson during the Obama. Administration's DOJ is on the record using one of my favorite lines in an opinion telling the Obama DOJ they. They're using the sentencing guidelines like a two by four between the forehead or to the forehead of defendants to get them to plead. This is not a guy. There's a guy who is always embraced the idea that the prosecution's got this enormous power. And you shouldn't be misused and they shouldn't be gaming the system so these guys are trying to do what everybody wants. They don't want you want somebody a judge like this and for them to understand though is for Expediency Sake to say well he should just sign off on this and dismiss no. I don't think he's doing God's work here all right. Let's continue to listen. Can you look at the documents that have been released? Recently on what the government debts to Michael Flynn among others and say that there was due process of law. You have these phony former federal prosecutors these phony former Democrats who worked in the Justice Department. You have these clowns on TV. Who ARE SPLITTING HAIRS? He pleaded guilty. He pleaded guilty. The man never had to process under the Fifth Amendment. Let me go see. There's parts of this that make sense. Yes there's people who are complaining. He pled guilty. I'm the first one to agree with and we now see that one of the reasons. He pled guilty. Which wasn't articulated was in the notes the COVINGTON and burling lawyer notes was. They had an informal not express not on the record agreement. Not to prosecute Flynn's son so Michael Flynn did. The honorable flooded Flynn's son. Do he was involved in this part of this Turkish contract and the lobbying for Turkey and so they were going to drag him into that. All roads lead to Turkey. That's why I'm so interested in but my Jew part of the overarching problem with this as they need to get the judge. Selva needs get to the bottom of this. Because for instance that case I've got in Utah that started in the Mueller investigation. Turkey was involved in that they were screaming about Turkey at all times. There's classified information at CPA as they say that was invoked in that case in Utah. I just don't have trump with a megaphone screaming about it because they because they're it's somewhere in. Salt Lake City and my client is not a trump confident. There is something that if you WanNa be screaming Mike Levin you should be saying where are the? Why isn't what Flynn got? Was He got department of Justice to have another. Us Attorney from another district conceivably not affiliated. Look over the shoulders of the guys who were prosecuted. Flynn guess what? I'm all for that. If you WANNA do that. In other cases I calling for in Utah. Do it in Salt Lake City. Have Somebody look over these four guys. The for the gang of four prosecuted my guy in Salt Lake City. If you're going to say that you want justice due process all with you. I'm there with you but you don't just get it when the president's finger and whether it what I'm saying President I'm not necessarily saying trump. I'm saying this happened with Obama. Happens with every the president's finger should not be on the scale of justice. What about the concept of plead guilty or were going to prosecute your son? I've said it before I'll say it again. The difference between the DOJ and the Mafias a Mafia spares. The women and children continue to help the judge a little bit further. You need what's called a case or controversy? You don't have a case and you don't have cocker very. This is just okay. That is insanity. You've got a case or controversy. Because you've got a Dude Department of Justice who indicts may not only indicted this Guy Flynn. They indicted his business partner. He actually went to trial. He went to trial a jury convicted him and the judge a different judge threw the case out said that they hadn't proved their case. Throw it out after jury trial so there is a case. There is a controversy. That is kind of a misnomer. He knows better than that. All right. The parties have dropped out. The party's WANNA get out. You don't have the right to continue to do what you're doing. So what does the judge once again? He's absolutely wrong on that. That judge had the Michael. Flynn plead guilty in front of him under penalty of perjury. He absolutely has a right to investigate. Whether or not Michael. Flynn was pressured to do that whether his lawyers misled him to do that. I've been now arguably the prior lawyers if were ineffective game him bad advice or told him to plead guilty to have advice counsel defense against perjury but that is absolutely Mike Mark. Levin is wrong. Well you know I was sitting there as a lay person listening to it and I was thinking well. He's got the right to do it because he's doing it like he's a judge he would he be the first guy to know what he has to right to do with doesn't have the right to do and the fact that he's decided to do it and is doing. It suggests Scott the right to do it. Judge Sullivan is doing what every judge is allowed to do. By the way there is a thing called a contempt of power. The content power is divided into indirect or direct contempt. S- you can have a judge not under oath. I could as an officer the court get up and make a representation to the court if I lie to the court I am subject to the power of contempt so the judge could either a point like he's done here another judge to to try to investigate or do something else. This is standard operating procedure. There are federal statutes that enable the ability to do this. So the idea that there's the parties want to agree and that the judges some rubber-stamp he knows that's not true. That's just disingenuous. I don't like what the parties are. Doing Whoa what are you doing? I don't like it. I'm going to invite anybody who wants to file a NECAS brief a homeless guy the guy at the Friar McDonald's and specifically I'm GONNA ask another former judge also appointed by Clinton as this judge was. I loved his OP. Ed in The Washington Post this Guy Gary pull it up. This guy was I. I believe appointed twice by Republicans. Judge Sullivan I two. I believe by he was originally. I WANNA say Bush. I'll let always let's see. He was appointed to the bench of this period court of the District of Columbia and eighty four by president. Ronald Reagan to the District Court of Appeals as an associate judge in nineteen ninety two by President George H W Bush and to the Federal Bench and ninety four by president. Bill Clinton right so I mean Jerry. Yeah totally Jerry that it's sixty six percent. Republican thirty three percent Democrat way. Ronald Reagan is the first guy who broke the barrier and put him on the bench Ronald Reagan. That's why we need you to break down the game film. All this power I can ignore the executive branch separation of powers. I can do whatever I want. I want him to send me a brief and tell me tell me what I can do in other words another back door way to violate the constitution's yeah he's absolutely absolutely wrong. The judge would be shirking his responsibility if the judge said or did not inquire as to why somebody swore in front of him under penalty of perjury. That he was guilty of the factual basis for it. And now there is some reason not to. You can't ignore that. And he did the right thing. He can't make the determination he being the judge. The judge is a technically as a witness to it's a direct contempt arguably because the judge is a witness to what the guy said he's got to appoint somebody a third party and here. He takes a widely respected judge who has already criticised a DOJ that was administered by the Obama Administration to make that determination the if he wanted to be fair what he would say is an. I don't know if this was before or after. I believe Gary confined this the judge. Gleeson an OP. Ed So if Judge Gleeson wrote an op Ed they. Somebody could complain well. He's already made up his mind but then again that's why that's a dangerous path Because the attorney general himself attorney general bar also wrote an Op ed before he was appointed. So if we're going to go down that road there's a tit for tat. All right you are right. He did right or not bet a few days before he was appointed. So it's the same. Sorry let's say I mean this you got you. Were brilliant by putting this up here. It just gets me fired up tonight. I just WANNA go crazy. I need fired up but also like I said I watch things with Sort of a lot of people do what what would Jesus do I do. What would mark say I? That's how I watched you follow your rulings and your opinions. You think you are the law. The United States Supreme Court as Sean Chest alluded to last week in a unanimous decision that will nine zero written by Ruth Beta. Ginsburg took a situation like this. Where the ninth circuit was using amicus. Curiae friend of Corpus to change the nature and position the case not what the parties were fighting over but what the court wanted them. The fight over okay. This once again. This he knows better than this. He's not the stupid he I mean I I know the guy. He's he's bright but he's a ideolog and a demagogue and he's not stupid. The case was reverse is not like this case. It has nothing to do with this case. So he's just citing something that's horse shit so this judge is rogue judge. He's out of control. He shouldn't wait. This judge is rogue in this sense. It you know there are not enough. Judges like Judge Sullivan enough judges. Who say you come into my courtroom government? You better turn over Brady material. You Bet if you've got something you don't deep sex it. This is a search for justice or truth by the prosecutor. And you don't play to win in my courtroom because I've seen what happens when you do that. In the Ted Stevens case that is he is demagoguing it up right now all right. Let's see if he continues themselves but he's too damn arrogant anyone so let me make a suggestion to the folks over there. At the Department of Justice they got a lot of smart attorneys in the office of Legal Counsel and elsewhere. I used to work at that. Grand Department of Justice before the left destroyed it. It's called a writ of prohibition it's almost never used because we almost never have situations like this and you filed with the court the DC circuit court and Appellate Court order to a lower court prohibiting it from acting because it lacks jurisdiction. This judge lacks jurisdiction. The do what he's doing. According to the United States Supreme Court last week according to the United States Constitution. And if you're not going to conduct yourself like a serious judge you recused herself resigned or the department has to go over his head to the DC circuit and just leverage is closed on this breaking down the tape that is as close to a tin foil hat. Screed as you will ever hear number one. No Rid of prohibition is going to be granted. That's an interlocutory writ. And interlocutory writ. There's nothing to appeal from yet. He's doing an investigation of a arguably direct content in front of him and a perjury in front of him. He does not have to accept it in fact his duty as a judge is to investigate it so this is like the rantings of a crazy man. Unfortunately Sean doesn't push back Hannity as PUSHBACK I. Well he sort it's weird because Different guys different guys so like Tucker Carlson. It'll have a guy in a studio and they'll go back and forth and then Hannity does a little of that but whenever Lavigne is on he steps back within five minutes and then he tells them it's time in yes really. That's I was just trying to signal to you. That's pretty much a second and a half left. We heard he's already. We heard the music and can we get a tin foil hat out so we can put it on him because that that ending is so crazy and the problem is people think that this guy has any credibility whatsoever when makes that argument ends with that kind of nonsense which is complete worship. All right we'll move on and I'm glad we're able to breakdown. That game film I. 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For THIRTY PERCENT OFF SITEWIDE AT. Tommy John Dot com see site for details. So how does unmasking work? The unmasking thing has become kind of a term for a term of art. That reminds me of collusion. I mean the the legal if you WANNA unredacted so to speak. Because that's basically what it is you you want to You want to get declassified so to speak where you want to expose. 'cause unmasking is generally that that's generally a give you an example. We did it Two weeks ago once again in this Utah case you talk. I've told to a my associate. I said this case is the greatest kind of primer for criminal law. You've ever seen because I've seen virtually every issue that I've ever known in one trial over eight weeks and one of the things you like to do is unseal stuff and the way you do it. Is You make an application unsealed for one reason or another one of the reasons that we do it. Generally is when the government tries to hide stuff from the press. The government loves to put out information or misinformation a lot of times or skewed information and yet. Keep other stuff under seal. The reason they do that is because it suits their purpose so to speak so generally when you want to unmask it's for somebody who's got an axe to grind or their. It suits their purpose for one particular reason or another. You'd have to give me a specific situation and I could probably speculate and it would be speculation as to why somebody would want to unmask something. Why WOULD SAMANTHA POWER WHEN UNMASK FLYNN? That's an interesting thing I you know. She's had A. I've mentioned it before earlier. She's had kind of a come to Jesus on various issues since she left the administration Gary was she when was. When did she leave? Because she wrote forcefully the one I'm intimately familiar with. She wrote forcefully on the issue of Armenian genocide and Obama famously. Before he came into office when he was a senator said. When I get into office you know. I'm going to hold those accountable. I'm going to call it a genocide eight years. You know to one basically told him what to do. He never used the term genocide. He used the Armenian term meds. Jargon trump has adopted that same methodology. Since he's been out she's come out since and said that was a mistake. I shouldn't have done it. I my opinion. It's her way of rehabilitating her image post with the basically on the road to Damascus after she's out of the administration what what is the I get. Turkey doesn't like the handle on genocide hung on them. I get that's what they want and I also get that they must have. There must be things we need from them. We've got you know. They always invoke the State Department. Always invokes we've got Incirlik. Which is the base there. The Military Basin Turkeys. Not GonNa do this. Turkeys can do that. We're not going to be able to do bombing rates. That's always what they say. There's The sky is falling. They used a little thing and air to one said that mind you earlier this year they the both the Senate and the House with the exception of Illinois on Voted almost unanimously. There was I think eleven in the house but it was unanimous the Senate to To recognize the genocide but the president didn't sign it but the State Department and signed trump. Didn't sign it for the same reason for the same reason. Obama went eight years after promising that he would They get paralyzed because the State Department tells them that this will damage relations with Turkey which is Horse Shit again. I would keep using them. Maybe that'll be our Title of the show today but the the US to talk about the deep swamp There is kind of a bureaucratic momentum where the bureaucrats tend to kind of You can't get past that Inertia so whether it's the Armenian genocide whether it's the DOJ doing this and I get I get a kick out of the fact that two thousand former department of Justice employees. Are you know they're appalled? By the fact that a that the Department of Justice is moving to dismiss against Flynn. Why are you appalled if the Department of Justice or the prosecutors played hide the ball and it appears they did and Gary Got? I think I forwarded it to him. He's got the notes where they purposely deep six. That means masked the information they weren't charging Michael Flynn's son in trade for his guilty plea if fat was that an agreement with the former lawyers. Why are you defending that if you're a former G. O. J? Why is that something? That was a wink and nod you. Were doing in a lot of other cases and we don't want it expose so those kinds of things you want to ask yourself. Why was it OK in the Obama Administration for Eric Holder to move to dismiss the Ted Stevens Prosecution? But it's not okay now and why is it? There's what is the same judge it's funny. There's an interesting thing that I noticed with like when they go. We have twenty thousand. Climate scientists all agree on two thousand former. Doj employees. All agree. I now worry a little bit when they talk about. I don't know it's like the it's the tried income. Four recommend recommend chewing gum tried it specifically. Why this brand? Oh listen you go back to the fifties and it was like nine out of ten. Physicians recommends Camel handlery housewives. Anyway you know it. It's the same thing we could go back to the pandemic everybody's while the model say this. The model sued by the way they model in the stock market nine out of ten times. They're wrong by the way. All of these bottles have been wrong so far by the way. They're all based on assumptions by the way. Put One of these guys on the stand sometime and let me just ask some questions for twenty minutes and you tell me whether you're going to risk life liberty and happiness based on what these guys are telling you well. I think I was telling drew this. I can't remember I was telling you this my life now between my cell phone calls withdrew and doing twenty eight. Podcast day. My my life has morphed into. I'm not sure when I was being recorded Saying something or when I was on my car phone saying something but I said Mark Cuban good guy I consider him a friend and nobody would argue that that guy's not a wild financial success and and if he was in your family and somebody said Like got twenty five grand saved up. I want to invest a go talk. Dunkel mark. Cuban talk talk to mark at the same way. I'd say if you need some legal advice go to uncle. Mark Airbus fine. He was on a show. I think Shortly before the election and he was basically explaining that if trump got elected he believes the stock market crash by about fifty percent and that the economics of the country and the BUBBA Blah. Here's a guy who is an expert on all things financial who was about one hundred and fifty percent off of what actually happened now doesn't mean he still not an expert and it doesn't mean he's still not a good guy but it does mean we don't have to listen to everything. He says all the time I look I will. What am I big problems with experts whether it's in civil or criminal or anything else if you've cross examined as many experts as I have INA courtroom. Where people's not just money. I'm not know civil cases just fighting over other people's money but criminal cases where they bring in experts are experts volunteer out of the goodness of their heart to testify. And if you watched a cross examination not just be anybody's cross examination of an expert you'd run for the hills. I mean the it is no different than a pundit talking. It's no different than somebody else's takes throw in front of a camera sometimes hockey when you start to question. What is this based on? What is this based on? Just simple questions. You quickly find out. Nobody's got by the way. Nobody can seize the moral high ground news. Got a kind of a corner on the truth in fact and I've said this before two years ago I had a professor in college at referred who Wyatt McAfee coup. I've thought was a genius and one of the reasons I liked him is he said you know whatever theory you're going to read and we used to study anthropology and sociology ritual my major's and say you know the best theory on the best day is probably only eighty percent right and it's something that I have used ever since then I was just telling tenny the other day. Look the you know you can try to predict what the stock market's going to do because she she's found out about they trade but the problem with it is that you don't have the ability. Nobody has ever cracked that code. Of A of a market that has got a logarithms now. His artificial intelligence. And it's it's got all kinds of things I mean. There's no reason the world why the stock market should be bouncing back. You've record unemployment that we haven't seen since the depression you've got an it's only gonNA get worse. I mean we're at where people are saying twenty percent. It's going to be thirty percent. God knows what and the market keeps in. The face of that keeps going up. Is it because Mnuchin treasury is printing money endlessly until the November election. Could be but the idea that you're going to get into that and try to play with that and try to prognosticate. We used to say in college. You might as well go out in the West Africa and try to divine jackal trucks with a twig. I mean none of this stuff at the end of the day makes any sense. And that's why you have to critically think that's why you have to have your Adam Corolla and you've got such a following you critically. Think you don't accept reflexive kind of dogma. And that's what is so infuriating about what's happening in the world right now. Well you can critically think yourself and you can surround yourself with people who are good thinkers and have a field of expertise and you know when I see things like that lavigne thing I think while I'm going to show this to another guy named mark and get his take on was like we drew on a couple of weeks ago I drew is when it comes to science and medicine. I'm care what anybody says. The trolls are the haters. Drew is one of. I've known him longer than anybody has. I'm drew for going on gets mad when I say this. Forty five years since ice cool One of the most sensitive honest Intellectually religious kinds of thinkers and he pushes back. You doesn't sugarcoat it. I mean you know. Sometimes he won't embrace. What am I ranch or your ranch? But at the end of the day he's thoughtful he's I you learn every time I talked to him and that's an. He's a critical thinker. I'll give you a perfect example of what You just expressed to me when I was doing our show in here. Couple of last week There was a tape and it was. It was a it was recording. I think it was the health director for Chicago or Illinois. I can't remember moment of color and she was sort of explaining that all this will be Cova task you now so I don't care if you're in hospice and you have two weeks to live. I was showing that tape because I thought he was going to be outraged. Because I thought it would bolster his point of this inflated number and it is true it it inflates the number for. You'RE GONNA count people that are already in hospice. I watched the same tape. I know exactly what you're talking about. So she was very up front about the fact for you haven't seen it. She said we code it as covert and rice there whether it's not. I thought I was going to tee him. Up for a nice Potato Down the middle of the plate so we could hit it out of the park because he would then have an opportunity to say. See I told you there inflating the number. I told you it wasn't as bad as it is. People are saying it is look at them attempting to make it Badin pad the numbers and he just saw the tape would seem a little outrageous to a lay person like myself as like trying to scare the shit out of everyone here. He just looked at it. Anyone yeah she's being upfront. She saying what she's doing she's Lisa letting US know about it. Not Trying to back door it and that's pretty standard. That's what everyone is doing. Everyone's doing the same thing. So He's basically saying everyone is measuring the same measuring stick. It's at least consistent and I got no beef with it and I thought Mark Levin wouldn't have done that right and that's that's the beauty of somebody like him I I have in private and I shouldn't say publicly but I will but I told him I don't know why you apologize. I really don't I mean I understand why you did. Because he's an empathetic guy like that you know. I mean he feels more than virtually anybody. I know certainly more than you're me. May I know more than me? You're somewhere between zero and a you're somewhere between an Armadillo and duraflame log in terms of how you're factored by opinions payments but drew isn't he has empathy as an open sore. Yeah I beat believe. Just he's got empathy and and you know he apologized. In retrospect in my amble opinion never should have heat argue with me and tell me yes he should have but the you know he's turned out to be a you take a look at what he said. Jesus was he you know he was spot on and a lot of ways agreed. Alright Live Tonight I'll beat the Houston Improv. Later on A. I've told everyone I'm going to get my haircut while eating steak. I don't think people think it's going to be two separate events. Now get my hair eyebrows wax my haircut while I'm eating steak and a Martini so The Rabi tickets left. I don't know it's probably sold out but you can. You can check I. You can also preorder my ebook. I'm your emotional support. Animal navigating are all woke. No joke culture. That's available for preorder. Now it's coming out on the sixteenth of June but if you pre-order it it'll get a higher up on the New York Times less than be available more places so it just helps in the audiobook six and a half hours pure bliss as well and our Youtube Channel YouTube dot com slash Mark Capri Hotel Southampton Open. Come on by taking special safety precautions. I think we've even got some igloos there to ensure the gaskin enjoy a fun getaway while staying safe practicing social distancing mentioned reasonable doubt for ten percent off your stay so until next time and across from our Garriga Mahala. Thanks for listening to reasonable doubt tune in next Saturday for an all new episode this is Corolla Digital.