Emmet G. Sullivan, the judge in the case of former Trump National Security Adviser Michael Flynn, is refusing to let William Barr’s Justice Department drop the charge. He’s even thinking of adding more, appointing a retired judge to ask “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.”

Pundits are cheering. A trio of former law enforcement and judicial officials saluted Sullivan in the Washington Post, chirping, “The Flynn case isn’t over until a judge says it’s over.” Yuppie icon Jeffrey Toobin of CNN and the New Yorker, one of the #Resistance crowd’s favored legal authorities, described Sullivan’s appointment of Judge John Gleeson as “brilliant.” MSNBC legal analyst Glenn Kirschner said Americans owe Sullivan a “debt of gratitude.”

One had to search far and wide to find a non-conservative legal analyst willing to say the obvious, i.e. that Sullivan’s decision was the kind of thing one would expect from a judge in Belarus. George Washington University professor Jonathan Turley was one of the few willing to say Sullivan’s move could “could create a threat of a judicial charge even when prosecutors agree with defendants.” //

The acts at issue are calls Flynn made to Russian Ambassador Sergei Kislyak on December 29th, 2016 in which he told the Russians not to overreact to sanctions. That’s it. The investigation was about to be dropped, but someone got the idea of using electronic surveillance of the calls to leverage a case into existence.

In a secrets-laundering maneuver straight out of the Dick Cheney playbook, some bright person first illegally leaked classified details to David Ignatius at the Washington Post, then agents rushed to interview Flynn about the “news.”

“The record of his conversation with Ambassador Kislyak had become widely known in the press,” is how Deputy FBI chief Andrew McCabe put it, euphemistically. “We wanted to sit down with General Flynn and understand, kind of, what his thoughts on that conversation were.”

A Laurel-and-Hardy team of agents conducted the interview, then took three weeks to write and re-write multiple versions of the interview notes used as evidence (because why record it?). They were supervised by a counterintelligence chief who then memorialized on paper his uncertainty over whether the FBI was trying to “get him to lie” or “get him fired,” worrying that they’d be accused of “playing games.” After another leak to the Washington Post in early February, 2017, Flynn actually was fired, and later pleaded guilty to lying about sanctions in the Kislyak call, the transcript of which was of course never released to either the defense or the public.

Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer. //

On the campaign trail in 2016, I watched Democrats hand Trump the economic populism argument by dismissing all complaints about the failures of neoliberal economics. This mistake was later compounded by years of propaganda arguing that “economic insecurity” was just a Trojan Horse term for racism. These takes, along with the absurd kneecapping of the Bernie Sanders movement, have allowed Trump to position himself as a working-class hero, the sole voice of a squeezed underclass.

The same mistake is now being made with civil liberties. Millions have lost their jobs and businesses by government fiat, there’s a clamor for censorship and contact tracing programs that could have serious long-term consequences, yet voters only hear Trump making occasional remarks about freedom; Democrats treat it like it’s a word that should be banned by Facebook (a recent Washington Post headline put the term in quotation marks, as if one should be gloved to touch it). Has the Trump era really damaged our thinking to this degree?