ZitatUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v.MICHAEL T. FLYNN,Defendant.Case No. 17-cr-232 (EGS)
REQUEST FOR CLARIFICATION AND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF On May 13, 2020, the Court issued an order appointing me as amicus curiae“to present arguments in opposition to the Government’s Motion to Dismiss, ECF No. 198 . . . .” ECF No.205. The Court further directed me to “address whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury pursuant to 18 U.S.C.§ 401, Federal Rule of Criminal Procedure 42, the Court’s inherent authority, and any other applicable statutes, rules, or controlling law.” Id.On May 19, 2020, the Court granted my request to submit a brief on or before June 10, 2020 and a reply brief on or before June 24, 2020.My reply brief has been completed and is ready to be filed.However, earlier todaythe D.C. Circuit granted Mr. Flynn’s petition for a writ of mandamus in part, directing the Court to grant the Government’s Rule 48(a) motion to dismiss and vacate its order appointing me as amicus curiae.Under the D.C. Circuit’s rules, an “order or judgment granting or denying the relief sought will become effective automatically 21 days after issuance in the absence of an order or other special direction of this court to the contrary.”D.C. Circuit Rule 41(a)(3).Because the D.C. Circuit candepart from this rule and give its order immediate effect by saying so Page 1 of 3
explicitly,cf.In re de Henriquez, No. 15-3054, 2015 WL 10692637, at *2 (D.C. Cir. Oct. 16, 2015) (“FURTHER ORDERED that this order become effective immediately.”), but has not done so in this case, I believe this Court’s orders appointing me and directing me to file my reply brief today remain in effect.The writ is not yet in effect, and it is conceivable that further proceedings in the circuit court may prevent it from taking effect.On the other hand, I do not wish to show disrespect for the court of appeals by filing my reply brief in the face of a decision directing this Court to vacate the order appointing me as moot. Accordingly, I seek guidance from the Court in that regard. Specifically, in light of the decision issued this morning by the court of appeals, I request clarification as to whether my reply brief should be filed.In addition, I respectfully request an extension of time to file the reply brief until this Court has provided such clarification.In the interest of filing this request as promptly as possible, I have not conferred with counsel for the Government or Mr. Flynn regarding this request. Case 1:17-cr-00232-EGS Document 232 Filed 06/24/20 Page 2 of 3
Dated: New York, NY June 24, 2020 _______/s/John Gleeson_____________ John Gleeson1 DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, New York 10022(212) 909-6000 jgleeson@debevoise.com Court-appointed Amicus Curiae
1 On May 18, 2020, the Court ordered that I be admitted pro hac viceto appear in this matter, be conferred full privileges to file and receive papers through the Court’s CM/ECF system in this proceeding, and be excused from thelocal counselrequirement of Local Criminal Rule 44.1(c)(1). SeeMinute Order of May 18, 2020.Case 1:17-cr-00232-EGS Document 232 Filed 06/24/20 Page 3 of 3
Illegitimi non Carborundum
During times of universal deceit, telling the truth becomes a revolutionary act.- Orwell
The further a society drifts from the truth, the more it will hate those who speak it - Orwell
Why is it so hard for them to let go of this prosecution? Is it because they're exasperated because they almost had him?
What's so difficult about the court order to "dismiss and vacate" this prosecution??? Hello!!! Anybody out there???
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INSIDE EVERY LIBERAL IS A TOTALITARIAN SCREAMING TO GET OUT -- Frontpage mag
Quote: ThirstyMan wrote in post #2Why is it so hard for them to let go of this prosecution? Is it because they're exasperated because they almost had him?
What's so difficult about the court order to "dismiss and vacate" this prosecution??? Hello!!! Anybody out there???
I wonder what does Flynn know ?
Illegitimi non Carborundum
During times of universal deceit, telling the truth becomes a revolutionary act.- Orwell
The further a society drifts from the truth, the more it will hate those who speak it - Orwell