Biggest Loser Part 3

Those highly classified transcripts have become the Schrodinger’s cat of American jurisprudence. The government ‘represents’ that there are no ‘other recordings that are part of the sentencing record’, even though Flynn pleaded guilty to lying to the FBI about precisely those telephone conversations with Kislyak, formerly Russia’s top diplomat in the United States. This would seem to establish their existence and simultaneous non-existence as stated by the government. And even if they did exist, though they don’t, the government is not relying on them to make their case—though it’s hard to conceive of anything more relevant than those transcripts ‘for purposes of . . . determining [Flynn’s] sentence’.