Michael Flynn sentencing memorandum indicates that the Special Counsel is far from done

The media waited with bated breath in high anticipation of the release of Special Counsel Robert Mueller’s sentencing memorandum for Michael Flynn, hoping that it would lay out a more complete narrative of his case, as the indictments previously filed have done.

The media was disappointed by the Sentencing Memorandum (.pdf) and heavily redacted Addendum (.pdf). This is because Michael Flynn is a cooperating witness in at least three criminal investigations that are ongoing, and the Special Counsel must maintain this information as confidential. The non-public sentencing memorandum is filed under seal.

Andrew Prokop at Vox.com analyses, 4 takeaways from Mueller’s sentencing memo for Michael Flynn:

[T]here’s a lot in the text itself and between the redacted lines in the documents, amounting to four key takeaways.

First off, Mueller is quite happy with Flynn’s cooperation — happy enough to recommend that he serve no prison time. (This is a notable contrast to the positively scathing memo Mueller’s team wrote about George Papadopoulos, in which they said he did not provide “substantial assistance” and complained that he talked to the press.)

Second, Flynn is cooperating in not one but three different investigations — Mueller’s investigation of the Trump campaign’s ties to Russia, a separate criminal probe, and a third investigation of some kind. But most of the details of these other probes are redacted, including even the type of the third investigation.

Third, the cooperation Flynn provided to Mueller’s probe specifically appears to break down into two main areas. One focused on contacts between the Trump transition team and Russia, but we don’t know what the other one is yet.

Finally, the many redactions indicate that there’s still a whole lot going on behind the scenes that Mueller doesn’t yet want the public to know about.

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It’s Mueller Time!

Investigative reporter Michael Isikoff reports that Mueller is preparing endgame for Russia investigation:

Special counsel Robert Mueller’s prosecutors have told defense lawyers in recent weeks that they are “tying up loose ends” in their investigation, providing the clearest clues yet that the long-running probe into Russia’s interference in the 2016 election may be coming to its climax, potentially in the next few weeks, according to multiple sources close to the matter.

The new information about the state of Mueller’s investigation comes during a pivotal week when the special counsel’s prosecutors are planning to file memos about three of their most high profile defendants — former Trump national security adviser Michael Flynn, former Trump campaign chairman Paul Manafort and former Trump personal lawyer Michael Cohen.

A Flynn sentencing memo is due Tuesday, and memos about Manafort and Cohen are slated for Friday. All three documents are expected to yield significant new details on what cooperation the three of them provided to the Russia investigation.

There has been much speculation that Mueller might file his memo in Manafort’s case under seal in order to prevent public disclosure of the additional crimes his office believes Manafort committed when he allegedly lied to prosecutors and broke a plea deal after agreeing to cooperate.

But Peter Carr, spokesman for the special counsel, confirmed to Yahoo News on Monday that the Manafort memo “will be public,” although he added there could be some portions that are redacted or filed as a sealed addendum. The Manafort memo has been requested by the federal judge in his case so that prosecutors could, for the first time, spell out what matters they believe Manafort has lied to them about.

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Obstruction of justice in plain sight: ‘all the president’s men’ are lying to the FBI and Special Counsel (Updated)

Back in September, George Papadopoulos, a former Trump campaign adviser, was sentenced on Friday to 14 days in prison for lying to the F.B.I. about his contacts with Russian intermediaries during the 2016 presidential race. George Papadopoulos, Ex-Trump Adviser, Is Sentenced to 14 Days in Jail:

Prosecutors argued that Mr. Papadopoulos’s repeated lies during a January 2017 interview with investigators hampered the Russia investigation at a critical moment. In part because Mr. Papadopoulos misled the authorities, prosecutors said in court papers, they failed to arrest a London-based professor — suspected of being a Russian operative — before he left the United States in February 2017, never to return.

Andrew D. Goldstein, a prosecutor on Mr. Mueller’s team, told the judge that because Mr. Papadopoulos lied, investigators were forced into a painstaking monthslong examination of 100,000 emails and other communications to establish how Russian intermediaries tried to use him as a channel to the Trump campaign. Even after he pleaded guilty, Mr. Goldstein said, Mr. Papadopoulos made only “begrudging efforts to cooperate.”

Judge Randolph D. Moss said that Mr. Papadopoulos deserved a stiffer sentence because he had impeded an investigation of “grave national importance.”

On Monday, Ex-Trump campaign adviser Papadopoulos reports to prison: Former Trump campaign foreign policy adviser George Papadopoulos began serving his two-week prison sentence on Monday after a judge rejected his last-minute bid to remain free.

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Legal challenges to Matthew Whitaker appointment now before the Supreme Court

The state of Maryland took the lead in filing a lawsuit to challenge Matthew Whitaker’s unconstitutional and illegal appointment as acting Attorney General. Whitaker’s Appointment as Acting Attorney General Faces Court Challenge:

Now, Mr. Whitaker’s appointment is facing a court challenge. The State of Maryland asked a federal judge on Tuesday for an injunction declaring that Mr. Whitaker is not the legitimate acting attorney general as a matter of law, and that the position — and all its powers — instead rightfully belongs to the deputy attorney general, Rod J. Rosenstein.

Mr. Trump may not “bypass the constitutional and statutory requirements for appointing someone to that office,” the state said in a court filing.

[Read Maryland’s court filings.]

Maryland is asking a judge — Ellen L. Hollander of the Federal District Court for the District of Maryland, a 2010 Obama appointee — to rule on who is the real acting attorney general as part of a lawsuit in which it sued Mr. Sessions in his official capacity. Because Mr. Sessions is no longer the attorney general, the judge must substitute his successor as a defendant in the litigation, so she has to decide who that successor legally is.

It is not entirely clear to me how the state of Maryland establishes standing to bring this lawsuit. Standing is not a problem, however, for three Democratic Senators on the Senate Judiciary Committee who filed a separate lawsuit on Monday. Democratic Senators Challenge Whitaker Appointment in Court:

Three Democratic senators asked a Federal District Court judge on Monday to issue an injunction barring Matthew G. Whitaker from exercising the powers of head of the Justice Department, arguing that President Trump’s installation of Mr. Whitaker as acting attorney general violated the Constitution.

The senators — Richard Blumenthal of Connecticut, Mazie K. Hirono of Hawaii and Sheldon Whitehouse of Rhode Island — sit on the Judiciary Committee, which conducts confirmation hearings for attorney general nominees. They argued that an official who had not been Senate-confirmed could not run the Justice Department, even temporarily.

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Sen. Jeff Flake threatens to hold up judicial nominees over protection for Mueller (Updated)

The always desperate for media attention Arizona Senator Jeff Flake Flake says he’ll oppose judicial nominees until Mueller bill gets vote:

Sen. Jeff Flake (R-Ariz.) said on Wednesday that he will oppose any of President Trump’s judicial nominations until legislation protecting special counsel Robert Mueller gets a vote.

“I have informed the majority leader I will not vote to advance any of the 21 judicial nominees pending in the Judiciary Committee or vote to confirm the 32 judges awaiting confirmation on the Senate floor until … [the bill] is brought to the full Senate for a vote,” Flake said from the Senate floor.

Flake’s threat will block the Judiciary Committee from approving judicial nominations and sending them to the full Senate without help from Democrats. Republicans hold a 11-10 majority on the panel and many of the most controversial nominees pass along party lines, meaning they would need either Flake’s vote or a Democratic senator to flip.

On the Senate floor, Majority Leader Mitch McConnell (R-Ky.) has slightly more leeway. With a 51-49 majority, Flake would need a Republican colleague to join him and every Democrat to block a judicial nominee on the Senate floor.

His decision comes after McConnell blocked Flake from bringing legislation to protect Mueller from being fired to a vote before the Senate.

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