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Von Spakovsky & Malcolm: Flynn judge disagrees with own rulings by letting outsiders fight dropping charges [Good read]
Fox News ^ | May 13, 2020 | Hans A. von Spakovsky, John Malcolm

Posted on 05/13/2020 5:47:41 PM PDT by jazusamo

U.S. District Judge Emmet Sullivan’s order soliciting comments from outsiders opposed to the Justice Department’s motion to throw out charges of lying to FBI agents against former National Security Adviser Michael Flynn is highly unusual and contradicts earlier rulings by the judge.

Sullivan’s order, issued Tuesday, solicits “friend of the court” (“amicus curiae” in legal parlance) briefs from third parties on the request by the Justice Department to halt the prosecution of Flynn. It is particularly odd because Sullivan previously resisted all third-party efforts to intervene in the case. The judge did this a total of 24 times, according to Flynn’s lawyer, Sidney Powell.

Moreover, the new order directly conflicts with Sullivan’s Dec. 20, 2017 order, in which he said: “The Federal Rules of Criminal Procedure do not provide for intervention by third parties in criminal cases.”

~snip~

The U.S. Circuit Court of Appeals for the District of Columbia, which issues rulings that are binding on Judge Sullivan, has taken an expansive view of the Rinaldi case. In U.S. v. Fokker Services (2016), it held that, while Rule 48(a) appears to give a trial court discretion as to whether to grant the motion, that discretion is limited.

Importantly, the appeals court said the rule is designed to protect defendants against harassment from the government routinely dismissing and then refiling charges. It does not confer on courts “any substantial role” in determining whether charges should be dismissed.

And here’s a crucial point the appeals court made: It explicitly rejected the view that a trial judge should be permitted to deny a dismissal motion based on his or her personal belief that a defendant should stand trial or that any remaining charges would fail to address the gravity of the defendant’s conduct.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: dcdistrict; dirtyjudgesullivan; emmetsullivan; flynn; johngleeson; judgesullivan; judiciary; michaelflynn; mikeflynn; politicaljudiciary; rapinbilljudge; sidneypowell; vonspakovsky
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Excellent article, worth reading it all.

This piece gets into the law on why judge Sullivan is doing what he is and also that the DC District Appeals Court probably won't agree with him.

1 posted on 05/13/2020 5:47:41 PM PDT by jazusamo
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To: jazusamo

Dershowitz: Judge should dismiss Flynn case or be impeached

“If this judge has the gall to not throw this out, he ought to be impeached.

Remember that judges only have jurisdiction for cases and controversies,” Dershowitz said.

“There’s no controversy here.

Both sides agree this case should be dismissed.

This judge has no power to do anything else. And if he asserts that power, he has violated the Constitution.”

https://www.wnd.com/2020/05/dershowitz-judge-dismiss-flynn-case-impeached/


2 posted on 05/13/2020 5:50:28 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
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To: jazusamo

My take: Someone very (very) high up is desperate to keep Flynn from talking.


3 posted on 05/13/2020 5:56:45 PM PDT by rbg81 (Truth is stranger than fiction)
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To: rbg81

I agree 100%. If the Judge wants to disprove this, he should remove the GAG order immediately!


4 posted on 05/13/2020 6:06:02 PM PDT by euclid216
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To: Williams; lodi90
Ping.

More information. Sullivan's decision on amicus looks like it contradict his past rulings.
United States v. FLYNN (1:17-cr-00232) Dec. 17, 2017 in particular.
Current DC Court rules LocalRulesJanuary_2019.pdf if interested.

5 posted on 05/13/2020 6:07:50 PM PDT by Widget Jr
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To: rbg81

As someone correctly pointed out, Obama let slip that Flynn committed perjury. Most people jumped on that commit, correctly pointing out the Flynn was not charged with perjury.

Well, surprise, surprise. As part of Sullivan’s order, he asked this judge to look into perjury charges on Flynn. The pretzel logic is this: When Flynn swore under oath that he lied to FBI, when in fact he didn’t lie, then he committed perjury.

This is clearly a coordinated effort that includes both Obama and Sullivan. Most likely the Lawfare group is leading this.


6 posted on 05/13/2020 6:12:19 PM PDT by euclid216
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To: euclid216

Yes the request that the extra judge argue that Flynn committed perjury and should be held in contempt is particularly outrageous. Flynn is trying to withdraw his guilty plea because he’s innocent. To find him guilty of a crime for having pled guilty when he was really innocent, is just twisted.

Once again, all kinds of technical “crimes” that no reasonable judge or prosecutor would ever pursue.


7 posted on 05/13/2020 6:19:36 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: rbg81

Sullivan is pulling this kamakaze move because he was given an offer he couldn’t refuse.


8 posted on 05/13/2020 6:19:41 PM PDT by Fido969 (In!)
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To: jazusamo
One of the convoluted legal problems here is that most of the court rulings cited on Flynn's behalf -- including the remarkable 9-0 decision by the U.S. Supreme Court just within the last week -- involve cases that actually go to trial.

I'm not sure what the legal ramifications are, but this case is very different because there was no trial.

9 posted on 05/13/2020 6:21:12 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: euclid216
As I posted on another thread, Flynn signed his plea agreement under penalty of perjury.

I wish Flynn well, but I've been saying for months that he's facing a serious legal quandary of his own making.

10 posted on 05/13/2020 6:22:43 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: Alberta's Child

Thanks, I’ve thought about that also and have no idea if that will affect this.


11 posted on 05/13/2020 6:27:42 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: rbg81

How much of those billions in Iran funding found their way into Sullivan’s pockets?


12 posted on 05/13/2020 6:30:46 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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.

Support Free Republic Folks, Donate Today!

Please bump the Freepathon or click above to donate or become a new monthly donor!

KAGA!

13 posted on 05/13/2020 6:31:54 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: Alberta's Child
If the plea was extorted by threatening Flynn with indicting his son (as his lawyer has alleged), it's not worth the paper it's written on.

My guess that this rigmarole is an attempt to prevent any hearings on the wrongdoing Flynn's lawyers and the DOJ document releases have brought to light, at least until after the election. If Biden wins, all of it will be deep-sixed.

14 posted on 05/13/2020 6:35:31 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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To: Williams

To find him guilty of a crime for having pled guilty when he was really innocent, is just twisted.

So the corrupt FBI beats a false confession out of someone, then when they recant the false confession, the court charges them with perjury. Kafkaesque.


15 posted on 05/13/2020 6:39:03 PM PDT by Flick Lives (The real virus is the MSM)
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To: pierrem15
If the plea was extorted by threatening Flynn with indicting his son (as his lawyer has alleged), it's not worth the paper it's written on.

Do you have a legal citation to support this? Every plea deal in a criminal case is signed under the threat of more serious charges, isn't it?

Couldn't the defendant who pleads guilty to manslaughter to avoid a murder charge say the same thing? "This was extortion. I was under duress when I signed that plea deal."

16 posted on 05/13/2020 6:40:54 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: euclid216

Isn’t every guilty plea bargain of an innocent person perjury by this logic?


17 posted on 05/13/2020 6:52:38 PM PDT by JeanLM (Obama proves melanin is just enough to win elections)
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To: Alberta's Child

Flynn signed his plea agreement under penalty of perjury.
_______________
AC, any competent lawyer will tell you that the facts mean more than the wording on a piece of paper if the facts are backed up by their own pieces of paper and testimony.

Lawyers write documents all the time that do not stand in part or totally because there are mitigating conditions and standards that have to be met in order for these to be valid. For example, two items that you are consistently ignoring, the standards of duress and informed consent.


18 posted on 05/13/2020 7:17:55 PM PDT by malach (We live in interesting times.)
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To: Alberta's Child
Couldn't the defendant who pleads guilty to manslaughter to avoid a murder charge say the same thing? "This was extortion. I was under duress when I signed that plea deal."

False analogy. If a defendant were to were allowed to withdraw a guilty plea to manslaughter in a plea agreement, then the prosecution would be allowed to return to the original charge of murder. In this case the DOJ does not want to bring any charges. A judges role is to mediate disputes between litigants. Here there is no dispute; they both want the case dismissed.

19 posted on 05/13/2020 7:24:05 PM PDT by Petrosius
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To: rbg81

Someone very (very) high up is desperate to keep Flynn from talking.

And drag it out until after the election.


20 posted on 05/13/2020 7:25:22 PM PDT by DUMBGRUNT
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