A NO-NONSENSE JUDGE LOOKS AT THE FLYNN PROSECUTION

POWERLINE ^ | 12/16/2018 | PAUL MIRENGOFF

[stylin19a]

Judge has some history. He freed Sen. Stevens because prosecutors hid exculpatory evidence.

[moonhawk]

I believe “Pinhead” would be a suitable if somewhat loose translation.

[Still Thinking]

You mispelled ‘persecution’.

[Guenevere]

Psalm 94
Pray!

[Dr. Ursus]

If he took an extra cookie in first grade,they’ll use it against him.

[STJPII]

1. Fact: Sullivan dismissed the charges against Stevens. Period

2. Fact: Sullivan appointed a special prosecutor to investigate the prosecutors in that case.

Having tried many civil cases myself, I can tell you judges have let cases go to juries, hoping they (judges) don’t have to act, because a jury verdict will render the aggrieved party’s complaint moot. Such an outcome avoids appeal. If the jury issues an adverse verdict against the aggrieved party, judge will step in post verdict. I have no idea what Stevens will do and I would respectfully argue none of us do

[USS Alaska]

Nothing happened except the conviction was overturned!

Which is what the judicial branch can do. The judge cannot prosecute wayward lawyers.

[Jack Black]

I expect Judge Sullivan to totally cave. He loves the attention but always knuckles under to the deep state at the end.

I would not call vacating a conviction and appointing a special prosecutor "knuckling under". That's a well known episode in his career that is recounted in this article. What is your opinion based on?

BTW: "Yellow Vest", nice handle. Welcome to Free Republic.

[PGalt]

DirtBoyMule (Dirty Bobby Mueller) and his cohorts ALERT!

[Ken Regis]

It seems to me that this conviction was doomed from the beginning. The sentencing was delayed for what? A year or more? The indication was that Mueller knew that the conviction was so poor that the sentencing would be an embarrassment to him (Mueller, that is.)

After all that time (and as Mueller appears to be closing out all of his unfinished business because he has run out of anything substantive), Mueller needed cover for the inevitably light Flynn sentence so he gives the "he cooperated so he gets a light sentence" explanation.

Mueller obstructed justice and needs to face criminal charges.

Comey needs to face charges for his self-admitted obstruction of justice.

Rosenstein is guilty. ALL these are guilty of conspiracy: Strzok, Page, Lynch, McCabe, Clapper, Brennan, Yates, Mills, and a host of others... all leading to HILLARY CLINTON!

.

THIS IS Mind-Boggling AND THE BIGGEST POLITICAL CRIME OF MY LIFETIME - PROBABLY LONGER - BUT I'M TRYING TO AVOID BEING HYPERBOLIC.

President Trump: Release the records and documents! Direct the DOJ to "take Care that the Laws be faithfully executed"!! It is your duty. It is your responsibility. We will back you on this because this is not a time for political expediency. It is war.

[Hostage]

Agree. Whenever I see a piece about a strict judge like this, I anticipate a ruling opposite of what I am programmed to expect.

The tactic is to coax conservatives into a false sense of security. Then, when the ruling comes down opposite to the preconditioned expectation, the conservative cannot complain with substance because it was ‘their judge’.

[Aevery_Freeman]

<>"And what has Trump done? NOTHING Hopefully this Judge has bigger balls than Donald."<>

Trump is Daniel in the Lion's Den.

The forces arrayed against him are HUGE and they play for keeps - ask the Clinton victims.

I, for one, am not going to criticize a man for trying when he could be at home playing with Barron's mother.

BTW, what's your testicular magnitude fighting the Deep State?

[super7man]

There Their excuse.

Grammar Police on patrol.

[Pikachu_Dad]

Indeed. The case would have not gotten this far if he wasn’t going to cave.

[Yardstick]

Tomorrow could be pivotal I think. If he tosses this thing, it will put a huge dent in the notion that Mueller is some kind of saint.

[taxcontrol]

I am no legal eagle but it seems to me that the Judge could order the 302s to be produced and find Mueller in contempt if he does not produce them.

[1Old Pro]

I am no legal eagle but it seems to me that the Judge could order the 302s to be produced and find Mueller in contempt if he does not produce them.

Then let's do it, yesterday.

[PapaBear3625]

I am no legal eagle but it seems to me that the Judge could order the 302s to be produced and find Mueller in contempt if he does not produce them.

I think Mueller will drop the case rather than have to produce the original 302s.

I would love to see the judge order Mueller jailed for contempt until the requested items are handed over, but would be very surprised if that happened.

[taxcontrol]

IF (mighty big “if”) that path is followed, I foresee

1) Judge issues order and gives a time frame 72 hrs maybe a week.
2) Mueller waits to last min and then withdraws the case
3) Judge dismisses
4) Media does their none reporting on the case
5) Christmas is upon us
6) It all goes down the memory black hole

[RideForever]

I am no legal eagle but it seems to me that the Judge could order the 302s to be produced and find Mueller in contempt if he does not produce them.

---

The documents were produced in a motion to compel, which is the second request for the same documents. Failing to provide them is presumed contempt of court if there is no explanation for the non-compliance, and gives the judge license to order terminating sanctions. Here we have non-compliance with the fraud of substituting a hearsay document for the document requested by disguising the contents with the same document name as that requested.