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Former US Attorney shocked by incoherence of Michael Flynn’s lawyer

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Michael Flynn addresses the Republican National Convention at the Quicken Arena in 2016. (mark reinstein / Shutterstock.com)

Former U.S. Attorney Barbara McQuade joined with former acting Solicitor General Neal Katyal and law professor Jennifer Taub in live-tweeting retired Lt. Gen. Michael Flynn’s hearing trying to dismiss his case, despite his guilty pleas.

Flynn has asked to withdraw his plea and multiple confessions to lying to the FBI, while Attorney General Bill Barr has moved to drop the case. It isn’t working out as the process has already gone so far that Flynn was to be sentenced after admitting guilt. Now an appeals court is hearing the case about dismissing everything.

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McQuade noted that lawyer Sidney Powell is arguing for Michael Flynn. Powell appeared frequently on Fox News, has become known as a kind of MAGA lawyer, who frequently denounced special counsel Robert Mueller’s investigation. She pledged to a 2018 conference that Flynn’s case would expose the so-called “deep state.”

But according to McQuade, Powell is having a difficult time in court Tuesday morning.

“Her arguments are a word salad that might sound good to the Fox News crowd, but do not make a coherent legal argument,” said McQuade.

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Law colleagues Joyce White Vance and Glenn Kirschner agreed with the assessment.

“Ms. Powell just argued a defendant can bribe a prosecutor to dismiss his case and the judge, even being aware of the bribe, can do NOTHING to explore it but must just dismiss the case,” said Kirschner. “Her argument is the rule REQUIRES the judge to be tacticly (sic) complicit in the bribery scheme!”

“The Flynn argument reduced to its essence: DOJ is afraid of what will come out if the judge inquires into the process that led it to dismiss charges against Flynn. This appeal is only about preventing that inquiry, as the Judge is highly likely to ultimately grant the motion,” tweeted Vance.

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Republican lawyer George Conway said she basically gave away any chance at a win.

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Health care group sponsoring South Dakota indoor country music festival that doesn’t require masks: report

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On Monday, The Daily Beast reported that South Dakota is poised to hold an indoor country music festival that won't require face masks and has not yet confirmed whether they will require social distancing — and it's being sponsored by a local nonprofit health care organization.

"Sanford Health of Sioux Falls, South Dakota, is presenting the Oct. 24 event in conjunction with the state’s governor, Kristi Noem," reported Michael Daly. "She endorsed the Sturgis motorcycle rally last month, where nearly half a million people gathered, largely without masks or social distancing, for 10 days before returning home, which a report by a team of economists with the Center for Health Economics & Policy Studies at San Diego State University estimates to have resulted in more than 260,000 COVID-19 cases. She will now be hosting the annual Governor’s Pheasant Hunt, which this year will include a musical event."

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Top Mueller deputy reveals why he chickened out of forcing Donald Trump Jr. to testify

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One of the mysteries left in the wake of special counsel Robert Mueller's investigation was why Donald Trump Jr., who infamously met with Russian agents to discuss the hacking of Hillary Clinton's stolen emails, was never forced to testify.

Andrew Weissmann, who served as one of Mueller's top deputies during the probe, has now given an answer.

In an excerpt of Weismann's upcoming book on the investigation obtained by The Atlantic, Weissmann claims that Mueller was too worried about the president shutting down the entire probe if they subpoenaed his family members to testify.

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2020 Election

‘He told us to use his words against him’: Early AM protest outside Lindsey Graham’s home over RBG replacement

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"In the spirit of RBG, we will not allow a double standard in how our Congress deals with late-term Supreme Court appointments."

Taking Sen. Lindsey Graham up on his 2016 advice to use his words opposing the nomination of Judge Merrick Garland against him should a Supreme Court seat open in the final year of a Republican president's first term, a group of demonstrators gathered outside of the South Carolina Republican's Washington, D.C. residence early Monday morning demanding that he oppose the filling of late Justice Ruth Bader Ginsburg's seat until after the November election.

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