FOUR UPDATES: Flynn Case: There WILL Be En Banc Review
Below is Techno Fog's tweet. We'll undoubtedly be getting analysis later. Here's my take for now.
Obviously this is all about politics. Duh! It's all about delay. Duh!
But delay of what?
Delay to prevent Michael Flynn being free to participate very vocally in the Trump campaign? Maybe.
Or could it be ... or could it also be ...
Delay to prevent Michael Flynn being used as a witness in the expected developments of the Durham investigations--expected by Labor Day? A witness under investigation for false statements isn't a very useful witness--even when DoJ has moved to drop the prosecution.
What will AG Barr do to deal with this? We're gonna find out soon enough. It's hard to believe he hasn't been thinking ahead on how to deal with this development.
Flynn update:
The Order compelling Judge Sullivan to dismiss the case is vacated.
The case will be reheard by the court sitting en banc.
Oral argument is set for August 11.
One issue of note: whether there are "no other adequate means to attain the relief" desired. pic.twitter.com/rhdp3CePud
— Techno Fog (@Techno_Fog) July 30, 2020
UPDATE 1: I hadn't read Lee Smith's new article before dashing off this post, so I didn't have Susan Rice in mind. However, reading Smith's article, it dovetails nicely:
Obama’s National Security Advisor is on the short list, but why?
Nominating Rice as Biden’s VP would virtually ensure her immunity, protecting her from investigation or prosecution during the campaign. In February, Barr issued a memo stating that no investigation of a presidential or vice presidential candidate can be undertaken without his written approval. Because it is nearly inconceivable that Barr would expose himself to this type of scrutiny or risk compromising the election, Rice would be safe. Crucially, it would also cut off the investigation at the rung below her, thereby insulating Obama and Biden.
So, Keep Flynn quiet before the election--no "lock 'em up"--and keep Obama, Biden, Rice safe. Make's sense. And hope for a miracle in November--if Dems beliefe in miracles.
There's also the unmasking angle that plays into both Flynn and Rice. Barr is definitely definitely doing a deep dive into the unmasking.
UPDATE 2: Obama Today:
"Bull Connor might be gone, but today we witness with our own eyes, police officers kneeling on the necks of Black Americans. George Wallace may be gone, but we can witness our federal government sending agents to use tear gas and batons against peaceful demonstrators."
And there are still Republicans who think that by joining in the false accusations of "murder" against Derek Chauvin they would somehow buy immunity from sleazy vilification?
UPDATE 3: Shipwreckedcrew finds Lee Smith's hypothesis plausible :
And that brings us back to the merits of picking Rice. Yes, she doesn’t offer much by way of electoral politics, and its an unknown on how she will impact voters as a candidate herself. But if there is a real fear in the Biden camp for what Durham might do, Rice is as close as they can come to an “inoculation” to keep him at bay.
UPDATE 4: Devin Nunes weighs in--very worthwhile: