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From fmr AUSA “Been There And Done That”

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I have posted a few missives from a very experienced fmr AUSA with a spouse also in Bureau on the ongoing Special Counsel investigation.  Like Andrew C. McCarthy, fmr AUSA “Been There And Done That” has no axe to grind with SC Mueller, and no reason to believe yet that anything is amiss in the investigation.  He just observes and notes interesting developments and possibilities, including today’s missive:

“Something that will begin to play itself out now in the District Court is the assignment of new cases from the Special Counsel as they get filed.

The Manafort indictment was randomly assigned to Judge Jackson. I think the Information filed today will be assigned to her as a “related case” since it involves the Manafort/Gates case.

The Flynn case, when it was pulled from Judge Contreras, was not then sent to Judge Jackson, as would have been the case if either the Special Counsel or the Court’s Case Management Committee deemed that the Flynn case and Manafort case had any relationship to each other.

Instead, the Flynn case went to Judge Sullivan — who presided over the fiasco involving the prosecution of Ted Stevens, and was stunned and amazed by the level of government misconduct he witnessed.

The ‘related case’ assignment rules in the DC District Court allow any judge with an “older” case number to seek reassignment to that judge of any newly filed case that relates to a case already on that judge’s docket.

What that means here is that Judge Sullivan now has a strong basis to reach out and grab any new cases from the Special Counsel’s office that relate to Trump or the WH because they would most likely be “related” under the Local Rule to the Flynn case.

If I was a criminal defense attorney in any case brought by the Special Counsel’s office, given all that appears to have gone on in the various investigatory phases of the Trump-Russia affair, I’d definitely want the case moved to Judge Sullivan.

Its quite possible that with Judge Sullivan standing astride the doors to the Courthouse for the Special Counsel, SC Mueller might opt to file a report with Congress rather than push his luck with a Judge who is already predisposed to deal harshly with investigatory and prosecutorial over-reach.”



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