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Thursday, May 14, 2020

Questions Looking for Answers: Judge Sullivan and General Flynn




Motion practice query. Where a judge appoints an amicus to represent a party or continue a litigation or prosecution because of an absence of adversity, then do not the parties first get notice and an opportunity to be heard to contest the appointment? Or does the court act on its own, make the appointment, and then allow the parties to make objections after-the-fact?

If the court had prior contacts with the amicus—eg, a beauty contest or competition for the starring amicus role—do the parties get to see the records of those contacts between the court and the amicus?

Who, if anyone, has oversight over Amicus (Inquisitor) Gleeson? Is it DOJ? Can DOJ assert authority over Gleeson or “his” case, like in a qui tam matter? Does Gleeson take an oath of office to support the Constitution? Is Gleeson subject to the ethical guidance which applies to federal prosecutors or the other policies of the DOJ?

Is Gleeson subject to the Appointments Clause?

Does Gleeson get paid compensation or expenses? Under what statute? Also, if he is now a public official, where can he be contacted for the right to petition? Will he get office space at the courthouse? If he is working at home, how will he secure communications which are confidential or secure materials which are public property under various records laws, and therefore must be preserved? Is Gleeson subject to Freedom of Information Act?

Does Gleeson get protection from the U.S. Marshal’s office?

When a U.S. federal judge sentences a person to a term in jail, does that order require the Executive Branch to put the person in jail, or is that merely authorization to put the person in jail? If the Executive Branch says: “We only jail people if we bring the prosecution,” then will Judge Sullivan hold the U.S. Marshal Service and the Federal Bureau of Prisons in contempt too? Where does this process of endless judicially-organized contempts and prosecutions end? 

Sorry just one more query. If Amicus Gleeson represents a party, does not he have to be a member of the bar for the U.S. District Court for the District of Columbia? Is he a member? [Gleeson is not a member of the District of Columbia bar. See <https://join.dcbar.org/eweb/DynamicPage.aspx?Site=dcbar&WebCode=FindMemberResults>] 

It turns out that you can look up who is and who is not a member of the bar for the U.S. District Court for the District of Columbia (DDC). See <https://www.dcd.uscourts.gov/bar-memberattorney-information-lookup>. If you look up John Gleeson, he is not listed as a member of the DDC bar. Finally, John Gleeson is listed on his law firms website. <https://www.debevoise.com/johngleeson?tab=biography>. Under bar admissions, he lists New York and that is it. Of course, I expect that this could be fixed with a pro hac vice motion. Has one been filed? 

Seth 

PS: Thank you Instapundit and Instapundit readers! While you visit NRC, have a look around ... my co-bloggers do good work. 

Seth Barrett Tillman, Questions Looking for Answers: Judge Sullivan and General Flynn, New Reform Club (May 14, 2020, 4:10 AM), <https://reformclub.blogspot.com/2020/05/questions-looking-for-answers-judge.html>; 

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