[jyo19]

Is there any way that this judge can throw the entire plea agreement out because they didn’t provide Strzok’s 302? How is McCabe still not charged with any crime? The criminal referral went out last April from the inspector general!

[csn vinnie]

The judge can refuse to accept a plea deal. However, if the defendant still wants to plead, it is unlikely that the judge will compel him to go to trial.

[cpdiii]

"Is there any way that this judge can throw the entire plea agreement out because they didn’t provide Strzok’s 302?"

But they did provide it months later and dated months later, altered the original and destroyed the original. A 302 is to be written immediately after an interview. This is a crime and obstruction of justice.

If Judge Sullivan throws this case against Flynn out with prejudice, the only thing Flynn and the FBI will argue about is how much they pay General Flynn.

Based on Judge Sullivan's past history he appears to be an honest judge concerned with judicial justice and not politics.

[theoilpainter]

Upon a motion from the defense, this could happen. There will be no motion, however, as then Flynn will stand trial for the original charges, plus any additional ones the Special Prosecutor can find. The trial will be before a D.C. jury that will reflect the racial and political makeup of D.C. Also, charges may be brought against Flynn’s family.

I don’t know why Flynn is making all this fuss. It is a remarkably corrupt system.

[JGPhila]

The Judge would have to find that the plea was induced by fraud, coercion or other prosecutorial misconduct. Otherwise, as of now Flynn is on record as acknowledging that the plea was knowing and voluntary, and that no other promises or threats were made to force the plea. The Judge may have the necessary authority in the interests of justice to set aside the plea based upon misconduct by the prosecution. Generally, such a motion would be made by the defense counsel. But, since (I think) the defense lawyers were the same ones who negotiated the plea deal and stood with him in court when Flynn pled guilty, they may be hard pressed to make such a motion. It may be this is why Flynn’s sentencing memo was drafted to present what seems to be prosecutorial misconduct and thereby give the Judge a basis to use his own authority to set the plea aside. If that happens, then as a matter of double jeopardy the prosecution may not be permitted to seek to prosecute Flynn again for the same offense to which he pled guilty.

[mass55th]

It wasn't Strzok's 302 that's missing. It's Agent Pientka's. Strzok asked the questions in the Flynn interview. Pientka's took notes, and from those notes, he was responsible for completing the 302 report. And there's time limits on those things being completed. Seven months later isn't one of them. That specific 302 is dated August 22, 2017. We know that Strzok was supposed to have changed some things on the 302 report, but when did he do it, and was it on the original report, or on the one submitted late? FBI/DOJ will not release the 302 report, and although it is said that Agent Pietnka is willing to testify in favor of General Flynn, Rod Rosenstein will not allow it. Instead of Pietnka's 302 report that Judge Sullivan ordered for Mueller to cough up, Bobby boy submitted a document that consisted of notes taken during an interview with Strzok about the Flynn interview. This portion of an article dated 12/14 by sundance on The Last Refuge site describes this well:

"Where did Joe Pientka’s FD-302 notes go? They are not in the responsive filing despite the judge’s request.

Instead what we see is that FBI Agent Peter Strzok was interviewed internally by the FBI on July 19th, 2017. The FD-302 notes of that interview were written on July 20th, 2017 and submitted for entry on August 22nd, 2017. This is around the time that Strzok was working for the special counsel, and Robert Mueller was informed of the strongly biased text messages retrieved by the DOJ inspector general.

The July 19, 2017, interview notes with Strzok are the only FD-302 notes submitted with the filing." *

* It's not known whether Strzok had this interview while he was working with Mueller, or after he had been dismissed.

[amihow]

Everything that happened after illegal FISA warrants should be dismissed with prejudice???

Fruit of tree???