Amicus Curiae Urges Judge to Take Trump’s Tweets into Account When Deciding Outcome of Michael Flynn Case – By Matt Nahamo (Law and Crime) / Oct 7 2020
Could President Donald Trump’s tweets on the Michael Flynn case come back to haunt Flynn? Former judge-turned-court-appointed-amicus-curiae John Gleeson argued late Wednesday that U.S. District Judge Emmet Sullivan should absolutely take the president’s comments about the case into account when making a decision about whether or not to grant the Flynn-DOJ joint effort to permanently end the prosecution.
Gleeson filed a roughly two-page supplemental memorandum in response to an inquiry that Judge Sullivan made during Sept. 29’s oral arguments. Gleeson said that Trump’s statements on Twitter have repeatedly been found by the courts to be official statements. Therefore, Gleeson argued, Trump’s statements about the Flynn case are subject to judicial notice as defined in Federal Rule of Evidence 201(b)(2). That rule pertains to judicial notice of adjudicative facts.
Adjudicative facts are “those which concern the parties to some dispute and are helpful in determining the proper outcome in the case.”
Federal Rule of Evidence 201(b)(2) says that a court “may judicially notice a fact that is not subject to reasonable dispute because it […] can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Judicial notice is “used by a court when it declares a fact presented as evidence as true without a formal presentation of evidence. A court can take judicial notice of indisputable facts.”
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