Breaking: Flynn’s Attorney Files Emergency Appeal

This is Jay Sekulow an extraordinary movable motion for mandamus to the DC Court of Appeals Gen.: live from Washington DC. I wish I knew what was going on with all of that. I can't say that I do, other than he has gone way out into left field by himself, as we say in our mandamus petition on this notion that he can appoint an amicus for himself and solicit other amicus briefs and not rule on our motion on the government's motion to dismiss, which we consented to phone lines are open for your questions right now: 1-800-684-3110 law is clear there's a new Supreme Court decision unanimously decided just within the last two weeks. That makes it clear he cannot invite the amicus briefs that he has done have that authority is a District Court judge and now chief counsel for the American Center for Law and Justice, everybody will figure quoted 800 684 31 so an emergency writ of mandamus, up to the DC Court of Appeals, in the case involving Gen. Flynn just hurts and the problem. The general's lawyer talking about this there was in fact a Supreme Court decision that came out just about two weeks ago was before I made the argument for the President on the cases involvingand what's really fascinating about this is was unanimous 90 and he basically said that would judge Sullivan is doing a District Court judge cannot do. In other words, the parties litigate cases before them, not third parties at the District Court level during a criminal proceeding, which is precisely what's happening in the way judge Sullivan's move the case for the other interesting fact I will tell you is that James Comey has not sent out a tweet. Since my seventh note that we were just talking about that before one on the air. I think it significant. Maybe he's finally wise and update decided to keep silent eyes. I would suggest you probably should have done that a long time ago but look just a couple of faxes. We set this up January 5 White House meeting with talk so much about J James Comey was the only holdover there.

In other words, he was the only one that was going to continue on to the next administration and the newly declassified portion of this email from Susan Rice that she decided right after the fact to memorialize the meeting shows that James Comey clearly plans to continue this mission continue to plan to withhold information from Gen. Flynn. Even though he admitted he was not aware of any wrongdoing of Gen. Flynn and J. The most interesting thing to me about that whole fact is he was going to continue doing that while at the same time intentionally leaking memos that he wrote to himself about meetings with the incoming President J if I were James Comey, I probably have an attorney. Guess I'd probably be doing it probably wouldn't be saying anything yet. I think I'm a pretty quiet and accomplishing your counsel for the ACLJ were to get into this writ of mandamus in the moment, but I couldn't resist the fact that your favorite warrior favorites James Comey silent since May 7 rather ordinary on the part of St. James of the Pirates to be silence for so long and not saying anything, and I think the reason is that the laws are closing in on J and is beginning to see that he is the focus of a lot of things sneaking FBI agents into the White House without talking to White House counsel interview Gen. Flynn and doing all these other things that are now slowly coming out. I keep my mouth shut.

If I was into yet you say correct not working to get into this is an emergency writ of mandamus to basically stop the trial judge from engaging in the activity that he did by appointing this third-party amicus curiae basically to prosecute as a special prosecutor Gen. Flynn.

This is remember after the Department of Justice decided that they would support the withdrawal of the plea and not prosecute the case were to take your call at your reaction to all of the stunning developments at 1-800-684-3110. That's 800-684-3110. I'll tell you every day something else common. I guess if you want to talk to us on air. It's easy to do as you know, 800-681-3110 if you want to get her question by Facebook or periscope easy as well Facebook bears may purchase share this with your friend.

We've a lot of people that are watching. We encourage you to do that all right also stay engaged with the ACLJ you can do that by Facebook periscope Twitter at Jay Sekulow at Jordan secular at ACLJ and your support of the ACLJ allows us to bring you this broadcast every single day will be back with more including your call just about the challenges facing Americans for substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.

Thank you.

If you're not well this is the perfect time to stand with us.

ACLJ.org where you can learn more about her life changing work, become a member today ACLJ only when a society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activists. The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership in the ACLJ is empowering the right to life questionnaire free copy of mission life today online ACLJ/federal judge indicates that Wichita Kansas and I appeared with me on television which is not supposed to do in the debate format and I would tell you something I said you're supposed to be the umpire, not a cheerleader for the other side and Andy here judge Sullivan situation as it relates to Gen. Flynn is even more than that it's appointing someone the sole purpose of using this in the motions of the papers had been filed basically to re-prosecute Gen. Flynn Gen. where he has the authority to do that and at the same time. This is after the adjuster said were to support the withdrawal of the plate were not prosecuted with misconduct or removed by an extraordinarily active the district. I have never been anything like it is the separation of powers, laughing and in the law school 101 civil procedure of criminal procedure.

J Gen. plan has filed a motion to withdraw his plea. The government is agree that he should not be prosecuted, and now the job is decided that he is going to become the prosecutor in the case. The reality is I'm sure he'd make a good US attorney judge Sullivan. Unfortunately that position is already been filled in the US attorney has made a decision that they're not going to go forward with the case where in the world is this judge added what kinds of things could possibly be in his mind.

I think the DC circuit is going to take up the writ of mandamus, and I think it's going to embarrass him. As well it should.

I'm afraid to say and I hate to say judge of these many years of service. Acting in this unhinged fashion Gloria on Facebook at a meeting this rights.

Why isn't judge Sullivan reprimanding the prosecutors that lied to the court when they insisted insisted repeatedly that there was no exculpatory evidence. In other words, Andy no Brady material that I wanted to be under the hot spotlight right now, not Gen. Flynn yeah you know when you material under the Brady decision which says you gotta give a donative and exculpatory material to be looking at those prosecutors and saying to them, you came before this court and you did not disclose to the other side, the defense that there was material in your possession that exonerated him plan and it said that he was not guilty. You are the one that should be good for me.

You are the ones you should be health and criminal contempt show cause why that shouldn't be my order not telling the government you can prosecute a man who then want to prosecute anymore and I know that Kyler is very percipient so it's interesting because Cindy Powell files this almost writ of mandamus, which I mean they're not fired all that often, but clearly the need for automatic that's self-evident. But what's also interesting at the same time that this risk it filed yesterday, Sen. Graham Vance as a way to minute we got also look at this. We got to talk to James Comey Klapper Brennan, Susan Rice, others.

This is a pretty breathtaking announcement from the chairman of the Senate Judiciary Committee J he has announced that on May 21. He will his committee will hold the convening in accordance with the rules that they have for issuing subpoenas and then on June 4 they will vote on issuing no subpoenas to 53 individuals in JI can't go through the entire list because it's so lengthy but it's all the people we talked about on this broadcast is the on Masters it's those who were planning behind the scenes about the Carter page case the Pfizer Cates and Michael Flynn case it's it's James Klapper, James Comey, Jacob live.

I know Andy is really excited to know about since date he doesn't know what Jacob Lew would do unmasking individuals and yet he was doing it. But here's the significance.

J that would raise a question go at that. Well, he the secretary, the Treasury Secretary is not at the answer to the United States Senate.

That exact question, as will the other 52 individuals on this list.

J this is a dramatic ins expansion of the investigation, and I will tell you. Typically these subpoenas come in a bipartisan fashion.

Sen. Feinstein has not been willing to go along but Skinner chairman Graham J. He has announced the date of the vote, assuming there's a majority in the committee. These 53 subpoenas to be issued 53 subpoenas that tell you something right there in nature what was going on here I would check in your closet, one 800 684 31 Timothy thought about that when you mandamus what it means. Let's take Daniel's call on New Mexico first is on line 1 hi Daniel hello my call later they could start making better about authority judicial oversight board in obedient block order was not a judicial oversight board. It is a Court of Appeals so let's get right to go to great question. Yes, Daniel. It's a three-judge Court of Appeals, a writ of mandamus has been filed and that will be heard by a three-judge panel now again, if the briefs have been filed by the lab arguments or not. We don't know whether those arguments will be. They would certainly be by phone, but let's talk about what a writ of mandamus is other people that are not familiar with it okay mandamus is simply an order under the already fact, federal courts have the power to issue orders. Like all of them to implement their jurisdiction and to see that things are done right, consistent with the law when someone goes off in the left field of judge Sullivan is done a writ of mandamus is a Latin word and what it stands for is we order you to what mandamus means we order you to do or not to do something and what Sydney Powell, Lieut. Gen. Flynn's lawyer is doing is asking the DC circuit Court of Appeals, which is the court directly above judge Sullivan, the district court to order judge Sullivan to comply with the law and to grant the government's motion to dismiss Flynn as a defendant, and in this case that's exactly what she is asking the court to do and I hope they act on an expedited basis.

These three judges who will be sitting as overseers, but there's not a board of overseers at the court of appeals and issue this writ of mandamus. That's what the law requires. You know what is existing about this we moved to have judges removed is called recusal, and you make motions. I hear it's very mandamus because the judges issue the pending order, but realize what this judges.he's issued a pending order and that pending order says I'm appointing a special counsel basically make a friend of the court.

Please call the friend of the court what he wants to argue the way in which is to do this. This is unprecedented and as I said, it comes on the heels of a supreme court opinion issued two weeks ago by Justice Ginsburg unanimous 920920, where Justice Ginsburg, writing for the court said when it comes to litigation.

This kind of litigation others as well.

Parties brief. It the parties raise the issue, the parties put the case forward to. The parties agree that the case should no longer go forward you what the judge is supposed to do any the judge is supposed to issue an order and enter an order of dismissal. That's right I am.

I numbed by the judge is not a player in the case. He is supposed to be acting as a neutral arbiter simply overseeing the litigation before him or her and judge Ginsburg Justice Ginsburg, as you correctly pointed out, writing for a unanimous Supreme Court held the Ninth Circuit the famous Ninth Circuit. They always reversed. The Ninth Circuit reversed yet again stay out of litigation. Let the parties litigate. You are not there to take sides in the controversy. You are there to rule on motions as an umpire and not to be a litigant participating in the in the baseball game. That's not your job so that we got that and then again let's set up with the Senate hearings good visa people understand exactly what supply yesterday.

Senate Judiciary Committee J they hold. What are called executive business meetings. That's when they consider the official business of the committee. Whether it's legislation or judicial nominations are in this case investigations and where they would issue subpoenas in J if there is not bipartisan consensus between the chairman and the ranking member. In this case Diane Feinstein on a subpoena.

The committee has to hold a vote and they have to go through a process chairman Graham has announced that he is initiating that process for subpoenas on a list of 53 individuals and he has announced those 53 names I've been thrown.

It's all the names we talked about on this broadcast. So here's how it's gonna work J on May 21. The committee is gonna meet us tomorrow and there get up there gonna bring this matter up for debate and for consideration figure here some sound out of the Senate Judiciary Committee tomorrow on that and then on June 4 is when that list of subpoenas will be eligible to have a vote inside the committee. There is every indication that a majority of the committee J will vote to issue those subpoenas to just about two weeks from now. The Senate Judiciary Committee will be issuing 53 subpoenas to James Comey, Dennis McDonough, Susan Rice, Glenn Simpson, Sally Yates and many many others. J is about dreading what Henry Aaron is in a district that is a cast of characters. Let me tell you after we went to the mall report that's like bring back a great the greatest hits from the 19 this I guess will be by the greatest 2015.

Unbelievable. But we also say that we were testing for on Monday it working again over the phone on arguments on the issue of unmasking the cost of litigation. We have on very gray seal J at the forefront of these critical cases, defending America we greatest work the work of the AC work and shared want to talk was on air 800 3110 only one.

A society can agree that the most vulnerable. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called mission will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications of Roe V Wade, 40 years later, when Obama care means to discover the many ways your membership is empowering the right question for copy mission life today online/challenges facing Americans as time and are now stored constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about our life changing work, member today ACLJ hundred 5430 110-800-6431 10 writ of mandamus, up to the DC Court of Appeals for Gen. Flynn. What's the issue with the task basically is the judge judge. The judge in the trial court. Emmett Sullivan has exceeded his constitutional authority and is a Supreme Court decision that just came out two weeks ago unanimous by Justice Ginsburg and it is right on point exactly on point here is what Sydney palaces Mrs. Lieut. Gen. Flynn's lawyer sent a phenomenal job on this case is what she said.

I wish I knew what was going on with Ted Sullivan.

I can't say that I do, other than he has gone way out into left field by himself. This way, say in our mandamus petition on this notion that he can appoint an amicus for himself and solicit other amicus briefs and not rule on our motions on the government's motion to dismiss, which we consented to. So there you have made any. I want to go back to this point because I still cannot for the life of me figure out why in the world. Judge summa been doing this well. I like the means that you and I we can look at the politics of the day. We should not always overlook the politics of the Clinton appointee. The judge that he appointed Gleason as the Clinton appointee that judge that he appointed as his amicus curiae wrote a scathing article on the President that was in the Washington Post.

Politics plays a role. We can say that the district judges who are political appointees. Ultimately, even though by the Senate don't have political agendas and unfortunately they're supposed to suppress those once they get on the bench and act like umpires but the polluted political aspects keep coming up suddenly the guy again and Gleason are getting together and they're going to be acute pain matched against Gen. Flynn. Why the government says we don't want to prosecuting the defendant as we agree we don't want them prosecuted rule 28 of the Federal rules of criminal procedure say if you don't want to prosecute government you can dismiss the case and the judge is a ministerial act simply said fine. The case is over with what you want to hear judge Sullivan what's going on.

I think the 11th skews me the DC circuit is going to get to the bottom of it is coming from New York she's alignment. By the way, if you want to talk was an error. It's 1-800-684-3110 Diane all the great work you got that keeping, that's bull clout well are you having on your end or is it just me writing it. Diane going.

Sorry about that. I just wanted to say thank you again just salad and I think he pointed to the Flynn case the first one had to recuse himself in the entrance that wound up coming out and it was some type of stock going to happen to this judge gets reversed. I mean, you know, sometimes I get asked in case.

What exactly would you like us to do. Mr. secular when I lost the case below.

I will say sometimes somewhere in the opinion. I'd like to say reversed here. What what you want to have happened is for the writ of mandamus Andy issue. The caller is very, very smart, very intelligent this play was taken by Judge contrarily originally recuse himself because he had a conflict of interest. Knowing one of the FBI that was involved in the case. Yet Sullivan was reassigned to the case and judge Sullivan then took it upon himself to play the role not only of the District Judge of the US attorney as well that your your trainer you use to frame the flag.

The minute he made those statements. During the course of the prosecution before this case was ultimately dismissed or sought to be dismissed by the Justice Department. He jumped the fence from being a judge and impartial and neutral to being a prosecutor that's just wrong. You don't say that is so this is an interesting one. In 2013, Judge Gleason, who is now this kind of special prosecutor to help out himself held that a read from his opinion the government has near absolute power under the federal rules of criminal procedure to extinguish the case that it has brought apparently now as this point that apparently now he has changed his mind. Not only that I had a situation where they changed you know that they decided to go in a different direction. But this judge and the actions taken by this judge stand have highlighted the irregularities that you're dealing with the now will be dealing with with the United States Senate.

So J. Now you've got Justice Ginsburg and Judge Gleason, who by the way, is anything but neutral. His firm represented Sally Yates in front of the house Intel committee that might be a conflict of interest as well. But you got Judge Gleason and Justice Ginsburg. These bastions of conservative ideology saying that the parties have to decide who gets to argue the case and yet you have judge Sullivan arguing the opposite. RJ, I think it's pretty clear. The only reason that they had a change of opinion is because there is a desired outcome. In this case and look I will tell you the committee with oversight of the judicial branch of the coequal branches, of course, but the ones that will inquire of them. The ones will confirm judges. The Senate Judiciary Committee may that's the same one that's about ready to issue 53 subpoena so I don't don't think that the legislative branches can sit quietly on this one to follow up on that with you because you think about this. 53.

Subpoena's some of the top 10 of who was McCall okay, how about Baker okay I James Klapper, this is probably number one in my book James Comey he's got a lot a lot to answer for Peter Strock, Lisa page and list let's go with this one day. Let's go with this.

And because this is news today. Susan Rice newly declassified email what you think she's gonna say about the email that was declassified today.

Why did she write it as President, Trump was getting inaugurated into office and trying to make it clear that Pres. Obama while they change their story.

He did know about it. He was involved, but J he was quote playing it by the book why does she feel the need to write that email what email actually say we have the exact wording of that email. Yes we do that most of it was most of it was released before now. But the the newly portion the new portion that is now been declassified says that director Comey affirmed. This is in response to the President that he is proceeding quote by the book as it relates to law enforcement. It goes on from there.

J but essentially here's here's the nutshell of it. It is, it is confirmation to the former President of the United States that Dir. Comey is going to continue to monitor the situation to see if it if inappropriate activity happens she confirms in the email J is not seen anything appropriate to this point. But even as the leaves office.

He's essentially assuring he's can stay on a sunset that basically saw nothing that was inappropriate. Any really quick, was in the last minute here, you expect it just made a yes or no is Justice Kagan asked a colleague of ours you think these witnesses testified they take the fifth amendment if the lawyers are smart. Here fifth amendment all over that committee is what I think I will take in your cause we come back in the right 1-800-684-3110. There's a lot going on 800 684 31 center support of the ACLJ is broadcast on the air that ACLJ.Ward one talk with their 800-6843 one first.

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If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life-changing work, member today ACLJ live from Washington DC and chief counsel for the American Center for Law and Justice Jay Sekulow held with the Court of Appeals that is important in order that the report that supported new charges against Carol Flynn basically to tell that stop you don't have the constitutional authority to do that now. At the same time that this writ of mandamus is pending.

There are Senate hearings that are going to go under way, led by Sen. Lindsay Graham, Chairman, district committee, the three witnesses McCall we just gave you some of the top pony Klapper credit Baker brought page pretty impressive list how many of the top five or six that I just met and will take the fifth amendment. A friend of mine very well known lawyer friend biker said 50 people are probably right exactly what ought to happen, yada. Here, the Fifth Amendment invoked many many times. If anybody got any brains and adhering of course, James Comey knows all the answers to everything. I'm sure he'll be talking and explaining the de facto prep and of the United States. You protect the country he knows everything he's everywhere.

He seemed everywhere. He is knowledgeable about all things. I'm sure you won't. I bet you he talks nine minutes and then laid out in some detail here. What the Senate is considering okay J yeah and the conversation you just had with Andy is actually in a play into this quite a bit. Let me lay out what they're gonna do. First of all, tomorrow in the Senate Judiciary Committee May 21, the committee will meet in what is called an executive business meeting and they will put these 53 subpoenas on the table for consideration. They will debate them. Sen. Feinstein has Artie said that she is going to oppose the motion they will they will continue to debate that will be amendable.

I would imagine that their changes will not be made in then it has to do what has to happen is has to be what's called held over J they have to hold the matter over until their next executive business meeting which happens to be on June 4 when they come to that executive business meeting on June 4. The committee will then have to vote on these subpoenas because again, the ranking member Diane Feinstein opposes the measure to to issue the subpoena. So at that point.

On June 4. If the majority the committee approves it. No subpoenas will be issued, but J this is the question I wanted to ask you and also maybe Andy you know you hearsay and I think you're correct on this that most or all of these 53 witnesses will plead the fifth and the committee is actually anticipating that as well.

But one of the questions they have, J is most of these 53 individuals have already given testimony on this matter, and you happen to be holding Susan Rice's testimony right here on this exact matter, and there's this question of if they've already spoken to the matter how much headway with amendment right is wait. I don't know the answer to that. I wondered if you and Andy might be able to address it what it may innovate they make.

The lawyers will I think still assert the Fifth Amendment.

Andy and the waiver issue will be what God Lindsay Graham and others would argue, but it will. If you are the Lord you would still assert yes I think it may be waived. I don't know if it is or not but if I was a lawyer and I was asked the question and I will look at my client and I would say I reviewed strands on the grounds that the response tend to incriminate me Fifth Amendment and shut your mouth because the more you say the more you can be in contempt of Congress more you committed perjury and the more you dug a hole for yourself, but these are politicians in many cases, and they can shut up.

They don't know when good advice is being given. JI take your costly come back me up one line open, 1-800-684-3110 800-684-3110 day writs of mandamus Senate Judiciary Committee hearings. Your American Center for Law and Justice in court this past Monday, just a few days ago on this issue of unmasking so when you support the ACLJ all the things were talking about in our ability to communicate on this broadcast, that's what you're supporting her to do that online at ACLJ.Ward that's ACLJ.org questions and comments and by Facebook and asked more about and I will tell you this that were also to take calls at 800 684 31 tensile drama line and online back with more just a moment, the challenges facing Americans or substantial time in our Valley freedom sort constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice on the frontline protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success.

But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you for not well this is the perfect time to stand with us ACLJ.where you can learn more about her life changing, member today ACLJ only one. A society can agree that the most vulnerable in voice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called life will show you how you are personally Tatian includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later, planned parenthood's role in the Obama care means to serve the many ways your membership is empowering the right question free copy of mission in life today online/3100 684-3110 sharing what she is calling from California, Sharon, go ahead hello Mike, when I'll take the van that it possible for them to be painted or that much to do about nothing and just if they exercised the fifth amendment privilege. They have been subpoenaed.

I mean any person this Senate subpoena is a subpoena portability is a little bit different than a normal situation but it's a Senate subpoena enforceability second second issue I think if the committee votes on June forced the issue the subpoenas they will be issued.

In J. Here's the other point that I would make. It's not just the appearance in the verbal testimony that's being subpoenas each other evidence and documents are involved in the case and again we talked about this on this broadcast David that that's why the information we've uncovered in FOIA becomes so critical because there are other pieces that then the committee can look to and say we need that document to get to the bottom of our investigation and again the email that we had this one from Susan Rice memorializing the joint January 5 Oval Office meeting with Pres. Obama, VP Biden and others.

Most of that was out J but what we didn't have was this declassified portion that says that James Comey doesn't have any indication of wrongdoing thus far, but he's going to continue on. So again, I would just tell the caller it's not just the testimony in front of the committee. They're looking for. There also looking for evidence and documents what date is the date of that email January 20, 2017 at 1215 in the afternoon so days later when they have no no evidence of wrongdoing.

The FBI James Comey's leadership speaks to FBI agents in because I could get away with it to interview Gen. Flynn Andy.

That's called entrapment.

Among the many other things that we would be best for criminal activity.

Let's created we can get him to lie that we can get them to make admissions.

Let's see if we can get him prosecuted. No. Even better, fired.

And who knows about this. Ultimately, your good friend Bob Mahler, special counsel, he has access to the document that he turn it over to the other side to general claims people you know he does he disclose that the plea hearing. No doubt Judge Sullivan about it go contrary to taking the plate know he knows nothing about disclosure requirements under the Brady rule and yet they precedent for John with the prosecution attorney general bar comes in and says wait a minute where you think you're going here. You've got exculpatory information that you didn't get to the other side. This prosecution must and Judge Sullivan says no it's not going to and I have been to become the US attorney and were going to see where this goes and it's going to go where I wanted to go well, let's just see if the DC circuit agrees with that. Yeah, I got something that the more this goes the worse it gets. I think for judge Sullivan in the way he's doing the sort let's go ahead and take a phone call would be taking your calls and hundred 684-3110 Jerry from Rhode Island's online three hi Jerry hello team was called about the pace of mandamus and will it be faster in light of the two week but it was just that I have? If they think that the amendment they declared unavailable and all that hearsay statement you made on TV tonight all came coming on the on the issue of if they take what comes into me there's already a stamp pointed out, there's already been testimony from a lot of these witnesses so if they could just point out the inconsistencies.

If there are any inconsistencies with newly discovered information like the Susan Rice email and Dell blog explain for James Comey doing he asked her has made a lot of statements publicly so see where that would go but I will tell you, in my view it sets up a very difficult task for these witnesses stand as they are called up a lot of suspect, even though the lawyers are to say take a bath. I suspect a lot of these folks egos will get in the way they'll testify. My thinking is probably correct about James Comey. He's never resisted opportunity to try to talk to the cameras. You probably will again.

But J, I would say this to the caller. If you plead the fifth. Yes, you don't necessarily have to answer questions that you don't want to but Jake you also can't set the record straight. When facts are contradictory, as you point out, for example, is give you one example Mary McCord. This is one of the people that's been issued a subpoena. She also the transcript of her interview with House intelligence committee has been has been released. J she worked for Sally Yates at the time of this meeting in the White House.

The January 5 meeting and the testimony is that she knew about the information involving Gen. Flynn but she says she did not brief.

Sally Yates and Sir Sally HWND that meeting unaware. I know Andy is skeptical that I understand why, but where did Mary McCord go after leaving Sally Yates employee J she went to work with Adam Schiff and she worked with the inspector intelligence community Inspector General Michael Atkinson to do what to coordinate with the whistleblower subject if she comes before the committee and please the fifth. Those facts can be put out there and she will have a chance to respond. She can have to make a decision whether she must respond that you know and I was thinking about this if you look at both of mandamus side of this. What is a little of what happens for Gen. Flynn and in the Senate investigation. We live this you when I did this for three years about motors you mentioned but information that is now coming out, some of which we suspected all along is making it very clear that this is been an entire set up for three years.

Hackers yeah yes it has been an attempt to create a Lutheran episode and scenario with Russia to discredit the President that never ever existed.

And it has grab the attention and taken the attention of the country away from the been the President away from the business of governing and of a million other things that he should've been doing and did not have the opportunity to do because they would harm determine Comey Mahler's team of 18 prosecutor Obama Biden, and I do believe Yates to discredit this President with this Russia folks that didn't work, we move a little south of the Ukraine. We tried that that didn't work.

We keep going. Were never going to end this thing until the President finally is reelected. Let's go to Jim's calling from Wisconsin is alive for hi Jim, I just to give you a great snippet of my experience.

Besides being a litigation paralegal for over 30 years. I'm a law student and I also use to investigate for the defense department. One time 12 questions for you one. Why is intron appointing a special counsel for tenderness because you and I both know and I work within the government circles bar is not going to do anything in the end to get Jim there is a special counsel them is not called a special counsel to see you sitting you next John Durham, who was appointed by Bill Barr, the Atty. Gen. of the United States so they are doing a very deep dive into all of the origins of the Russia investigation and the ramifications legally that were being done in inappropriate and apparent with political campaign that is a very thorough investigation. So I think that you know saying that nothing can get done or the Atty. Gen.'s and done anything, I beg your pardon, Bill Barr has done exactly what a good Atty. Gen. would do. We appointed a season season, US attorney, John Durham, who knows how to investigate cases and he is investigating and ending that is what the process is and that is supposed to what happens what happens. That's exactly correct and that will be doing and Bill Gen. taking action and he did the right thing by pointing United States attorney from Connecticut who is looking at things. It may take a while, you might think and be in despair that it may not happen it well don't worry. But these things take time.

That's just the nature of coming up on the last thing the broadcast that I got a couple lines (800-684-3110 is 1-800-684-3110. We go to the parade.

What is the Senate hearings about one of the subpoenas supposed to be issued must be issued on June 4 J will know a little bit more tomorrow after there's debate on the measure inside the judiciary committee, but not Chairman Grant has already set the procedure in motion so they should be issued on June 4 in NJ.

I would maybe just make one final comment about the conversation that you just had I to have confidence in Bill Barr, but if you look at the evidence as well. What is John Durham been doing yesterday lately he's been staffing up. He's been adding prosecutors you don't, you need prosecutor's day, if not to prosecute cases K some folks okay. I trust the Atty. Gen. United States I think is one of the greatest Atty. Gen. we've ever had. This is a second go round at this. I think he and I actually think he is I think is the best Atty. Gen. event. This is a man that loves our country supports the Constitution and is to do what's right. The wrongdoers and there were lots of wonder about motors watch the be held accountable to do it. It's being done the right way.

When it's done the right way.

It takes a little more than when they won't like just make stuff up. I would take a break we come back and take your call 1-800-684-3110.

Don't forget support the work of the ACLJ ACLJ.org for adjustable only when a society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn mission will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means to discover the many ways your membership is powering the right question free copy mission life today online/challenges facing Americans as our freedoms are constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the front lines protecting your freedoms and rights in court in Congress and in the public exceptional track record of success. But here's the bottom line we could not do our work supports, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts. Well, this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing work, member today ACLJ thousand 800 684 31 to say this also that you got understand something in these cases, I think things are moving very rapidly, but things take time and that's the nature of these kind of issues things take time, but it can be done the right way. Let's go to the post. David's callings on line 3 hi David McAuliffe, are you guys do about some of us find text of the lost learner and once you will find her situation then after she put the stuff you've allowed to speak and defend yourself, but I know if that would be allowed if that's not allowable. She really did. She said you know well, I'd like to testify that sentence like the broadcast to get up and said basically what I like my. She's been advised to exercise a constitutional right with you.

I was a lawyer I would have that are due to expire. His father had the tax-exempt division of the Internal Revenue Service and she was fired and that injunction was issued against the IRS and made them change your policies and then after that monetary damage went to all the tea parties that were involved in the litigation. So you know what they paid a price for the stuff and eat. There was a real cost to got away with with this without having to pay an obligation. We want a massive case against the Internal Revenue Service like your persistence and by following the evidence where it went here and will be litigated case between the hearings and the trials took three years, three years is about right.

Sounds like a similar timeframe. No J because guess I went along. We been litigating these unmasking cases since 2017. Three years is about when you start getting information and a lot of these types of cases and we were just in court on Monday on the stuff box slow moving pilot right back to the phones were to go to a Daniel calling from Virginia like to hi Daniel, how unlikely it may be what it will rule with the judge to commit mandamus up to the spring for the United States. That's what you do in this judge. This plan will parcel two things you if this goes to the three-judge panel and they will against a sitting pallet against Gen. Flynn and they deny cities motion, then I would take away a petition for rehearing en banc, which means the entire at that point the entire DC circuit and if I had time. If not, I would take an emergency state of the emergency mandamus right up to the US Supreme Court. I would not hesitate to protect my clients and for Sandy in a situation like that. Oh, no, no question about it. I would go to the Supreme Court and tell you what, I'll predict you when the Supreme Court 90 back to the phones Gary called from North Carolina. He's on line 1. Go ahead. Just one quick question for the better. Subpoenaed. Let's say that they have no documents to plead the fifth on the testimony, that is what happened at that point is the just and right there that I think will be made public documents also be brought to light. It'll show by the way a Fifth Amendment doesn't mean you're guilty innocent people take the fifth, but here you have prior statements and I think looked at again Glover that I want to go over the email from Susan Rice. This is so telling, especially the date of surgery.

The date of the email is January 20.

The right is Pres. Trump is coming in the office but the purpose of the email which she sends to herself is to memorialize the January 5 meeting in the portion of the email that was redacted the portion that had we Artie seen J conclusively show the present Obama was not only in the nobody was really directing the conversation, the portion that was now unredacted just recently confirmed that Jim Comey is going to continue this monitoring of Gen. Flynn.

Even though he has he. Here's the quote he added that he has no indication thus far that Flynn has passed classified information to kiss lack and yet they are going to continue to monitor him J that there are couple things I would say been holding my hand a stack of testimonies that these witnesses that are now being subpoenaed have Artie issued. So I think there will be a conversation about whether or not they have already waived that right. Maybe it won't hold up a J then on the point of documents.

A lot of the documents. The committee is looking they are not in the possession of the people involved in so the committee still may be able to get those documents.

If the as individuals in their official Kamas capacity sent those emails. Committee can still get them. Yet it absolutely could get John out of Virginia hi John. John line for nearly everything that Draco had a great question for Dr. med. Trump does not win the election in the fall and the new present at all either met them right back where we were started when we started to Start stop the United States Senate can't shut the United States Senate down unless the Senate changes from Republican-controlled to Democratic control but as far as the department Justice get a new President shut it down. Andy, no question, no question. The new attorney general, and there the new Atty. Gen. says were not doing this anymore, because in it, forget it. It's over with.

So this election means a lot more than simply the reelection of Pres. Trump. It means whether or not we will continue in the Justice Department to be a free independent agency looking for facts and following the evidence where it goes or not the President. New new Atty. Gen. whoever that might be good ended in a moment I was less complex calling from California hi Mike, I recall all 302302 as the FBI notes from the agents during an interview with me.

What's happening to their very first 30 to that that was taking some the ones that allegedly nothing found right or frightened so that there's been some reports that some of the 302's may not have been found. I kinda think it's like it's probably there. There they just gotta look a little harder so I can just be FBI agents reports and will see what happens on on on all of that but did I think right now were to me is very clear that a writ of mandamus, up to the DC Court of Appeals to tell Judge Sullivan what you did is wrong. You can't do that you don't point a prosecutor once the government and the parties agree the case should be withdrawn so said Justice Ruth Bader Ginsburg 920, on behalf of the unanimous Supreme Court two weeks ago as number one, number two at the same time, the United States Senate is going to have hearings subpoenas D3 witnesses at the same time that that's going on John Durham US attorney from Connecticut doing the deep dive investigation of the origins of the roster Pro all that's happening right now and then this past Monday Graciela Jake in court on this very issue. Your support of the ACLJ allows us to do this go to court broadcast Freeman yesterday and we saw the release of Pastor Nairn from India Christian pastor was held in Gottfried yesterday returned to the United States. Your support of the ACLJ makes all of that happened. We encourage you to do that online it's best way to do it a C LJ.org ACLJ that'll let me also say stay engaged with us basement periscope. Twitter involved in all media platforms. A great way to stay engaged. They up-to-date will talk to you tomorrow. Who knows what will break document ACLJ's been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side, you're already a member. If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life-changing work, member today ACLJ