Amicus Brief, 6-6 Update

AH looks like I posted this too early -- there's a part II to the brief!

Let’s Go Dodgers!

I like the argument introduction, but I am curious as to how you intend to set forth sub arguments. Clearly, the legal mechanism by which the court dismisses the government's motion is by distinguishing this case from the dicta in Ammidwon and Fokker - which seems like a relatively easy sell given, at least, the description you gave on the podcast. The big "ask," as it were, appears to be convincing the judge to dismiss even though he knows, full well, he will be vilified by the Right, openly harassed by a presidential tweet, and despite doing his job, have all credibility called into question. The first sub argument, then, should provide concrete authority (if such exists) that makes plain the judicial responsibility, sua sponte, to see that the american people's interests are represented even when its representative, the government, refuses to do so. An analogy comes to mind: think of an instance where a prosecutor fails to request a lesser-included offense, either because he/she doesn't believe the evidence proves the charge, or by simple oversight. In many jurisdictions, the judge is permitted to include the jury instruction that lays out the lesser included, even if not specifically requested by the prosecution. The judge's action in the above example is seemingly analogous: the judge is able to enter into the prosecutions territory when he/she is presented with a record of evidence that fits some crime, regardless of what the prosecution has or has not requested. Above all else, this judge needs to feel both legally permitted and within the realm of established precedent that will protect his actions from the absolute onslaught he will face if he refuses to let Flynn go. I've got a Lexis subscription if you want any particular area of research done. Please let me know.

Let’s Go Dodgers!

Excellent. There seems to be something missing on the last page: indeed, this Court’s own counsel has noted the numerous ways in which the Government’s Motion is [SOMETHING MISSING HERE] If he is permitted to avoid the consequences of his crimes …