Transcript of OA356: The Future of Flynn (w/guest Marcy Wheeler)

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Topics of Discussion:

Andrew:         Hey everybody, I just wanted to tell you how proud Thomas and I are of our listeners.  At least hundreds, possibly thousands of you, made the effort to call your Senators and tell them that you wanted to hear from witnesses during the impeachment trial.  Obviously that vote came Friday night after we recorded this show and we lost 51 to 49.  That sucks, and there is no spin that I can put on that, but I do want to share something that Erica Goddard wrote in our Facebook community that really helped me, helped remind us of our mission with this show.

She says:  “You told us after the 2018 elections why we had cause to be proud of the results. We fight the holding actions, we get to November 2020, we keep the momentum of 2018 going.

Tonight, we mourn, but Tomorrow, we look for the next holding action, the one that helps us get to November.  We build an America we can be proud of again.

When you despair, remember this community you have brought together. Remember those you have helped teach.  The legal profession will feel the impact of your work as those studying law in this group pass the Bar and move forward. Other professions will feel the impact of a better educated populous who understand the world and the law.”

Thank you Erica!  Please do, folks have continued to share in the Facebook group, on Twitter, elsewhere, send us an email if you’re not a part of either of those groups and tell us when you go to law school, when you graduate, when you pass the bar, when you get your jobs.  We love those stories and I promise that we’ll continue to do what Erica said.  We are looking for new and creative ways to try and keep breaking down the law for you, and as the other side tries to break our institutions we will keep standing up for them.  Even when the answers aren’t what we want to hear, I do still believe we make the world a little bit better every time we make it a little better educated. 

So we have an example of that today, we’ve got a great interview with journalist Marcy Wheeler, that’s about the Michaele Flynn case, it’s about the state of the DOJ and her belief that people will face consequences.  We’re gonna continue to break down the law and identify what we need to do in order to move forward.

Thanks again, thanks to all of you, we’re gonna help continue to fight on.

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OA356: The Future of Flynn (w/guest Marcy Wheeler)

Today’s episode features an in-depth interview with investigative journalist and prolific blogger Marcy Wheeler (a.k.a. emptywheel), who has a novel take on Lt. Gen. Michael Flynn who, as our listeners know, fired Covington & Burling, hired a loon, and has tried to withdraw his guilty plea. Marcy tells us what she thinks this means!

We begin with a bit of analysis and some kind words from a listener in light of the disappointing Senate vote to block witnesses that came down late Friday night. Yes, this means the impeachment is effectively over. No, it doesn’t mean we’re going to stop fighting.

After that, it’s time to tackle Marcy Wheeler’s take on Lt. Gen. Michael Flynn. We do a deep dive into the two most recent sentencing memoranda filed by the government in Flynn’s case while trying to figure out what this portends. You don’t want to miss it!

After all that, it’s time for the answer to #T3BE 164 involving a crazed roommate, an aborted murder, and exactly what you could charge him with.


None! If you’d like to have either of us as a guest on your show, drop us an email at

Show Notes & Links

  1. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents.

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