Flynn situation - analysis
So, looking at quick succession of events:
–Sullivan orders Kislyak transcript (i.e., inexplicably withheld by prosecution, suggesting it is possible exculpatory evidence);
— DOJ defies the order;
–Sullivan (historically tenacious in holding DOJ accountable) backs down, says OK nevermind;
— Flynn fires his swampy counsel, reportedly for a high-profile figure (suggesting a shift to offense);
–DOJ files more documents under seal (timing suggests possibly the transcript and Pientka 302, which both may be exculpatory).
Also of note: this appears to be the first showdown with Judge Sullivan post-Mueller and with AG Barr in charge.
Any of the following seem like fair inferences: Barr intervened upon the clever notion of subordinates that it’s OK to “correct” a judge on the relevance of evidence, and said, yeah, not on my watch. Accepting as true that the docs are exculpatory, Barr also may have looked into just what his prosecutors had done, with a view to correcting it. It’s been suggested that they may have defied the earlier order by Sullivan to hand over all exculpatory evidence to Flynn (if they’re hiding it now, makes sense they’ve been hiding it all along).
But why would Sullivan now cooperate with receiving the evidence under seal?
And why, at precisely this moment, would Flynn replace his counsel?
Here’s another inference — more speculative: Flynn’s counsel was arguably complicit in foregoing the exculpatory evidence. Maybe in the swampish way of “gentlemans’ agreements” among colleagues — i.e., the big money lawyers, obviously cozy with DOJ (not to mention the DNC), brokered some sort of bargain with prosecutors that secured leniency for Flynn (so could retain plausible deniability on zealous advocacy for client), but at the same time was a bit of a wink-and-nod at prosecutorial conduct. In other words, you might say the Covington boys didn’t fight quite as hard for the causes of transparency, justice and Flynn’s good name than, say, DIGENOVA would have.
Barr discovers exculpatory evidence withheld, and belatedly discloses to Flynn’s team, putting his attorneys in quite an uncomfortable position for having essentially winked-and-nodded away Flynn’s lawful right to have access to such information. Obviously, they’re now fired — not to mention ethically if not criminally in trouble. So why does Sullivan now accept the documents filed under seal? Perhaps because it’s clear the docs are now relevant to unresolved matters subject to open investigation(s).
Pure speculation. The questions are interesting. I’m finally eager to see what’s next . . .