Posted on 05/13/2020 8:44:10 PM PDT by 11th_VA
A three-judge federal appeals court said Tuesday the DOJ’s settlement with Fokker Services B.V. for alleged sanctions violations could go ahead after a district court judge rejected the arrangement as “anemic.”
The U.S. Court of Appeals in Washington, DC said prosecutors and not judges make decisions to enter into deferred prosecution agreement with corporate defendants.
In February 2015, federal district court judge Richard Leon refused to approve the settlement. He said the proposed $21 million penalty was “grossly disproportionate to the gravity of Fokker Sercvices’ conduct in a post-911 world.”
Holland-based Fokker Services admitted in a 2014 plea deal that it made more than 1,100 illegal shipments of aircraft parts, technology, and services worth $21 million to Iran, Sudan, and Burma.
In the settlement, Fokker agreed to forfeit $10.5 million and pay a civil fine of $10.5 million.
The settlement included an 18-month deferred prosecution agreement. Fokker Services promised to enhance its trade sanctions compliance.
In his February 5, 2015 opinion (pdf), Judge Leon said:
In my judgment, it would undermine the public’s confidence in the administration of justice and promote disrespect for the law for it to see a defendant prosecuted so anemically for engaging in such egregious conduct for such a sustained period of time and for the benefit of one of our country’s worst enemies.
Fokker appealed Judge Leon’s ruling.
Tuesday’s appellate opinion (pdf) written by Circuit Judge Sri Srinivasan said, “The Constitution allocates primacy in criminal charging decisions to the Executive Branch.”
(Excerpt) Read more at fcpablog.com ...
I’m ashamed to say I think he’s from Houston.
Maybe he was Sheila Jackson Lee’s solar system geography teacher where she got Mars confused with the Moon
..Or was that Hank Johnson??
..Or was that Maxine Waters??
..Or was that Nazzi Pelosey??
(So MANY wrong people to choose from
Flynn Legal Case Ping!
Once dismissed by DOJ, it’s no longer Sullivan’s case. DiGenova & Toensing tells Gorka what the DOJ can do about Sullivan’s refusal to dismiss or desires to sentence Flynn.
Watch 25:15 to 31:10
https://www.youtube.com/watch?time_continue=1848&v=SLpyzWOEOt8&feature=emb_title
Ping!
Thanks, 11th_VA. Hopefully, someone has sent this to the inestimable bribed Judge Sullivan. He cannot do what he is doing, even a little bit. He should be apprised of this, and the consequences for his continuing on the bench.
Andrew Weissman will be getting a criminal referral from the House Permanent Select Committee on Intelligence, and probably won from the Senate Judiciary Committee.
Not to mention, someone on the said Senate Committee can propose Impeachment of Judge Sullivan. Make it public.
A long time friend was chief investigator (high up in US Customs) in the bribery prosecution of Fed. Judge Alcee Hastings (now many years a crooked Congressman). Hastings was impeached and convicted in the Senate, and removed from the bench. The threat should be enough in the case of Sullivan. The man is obviously being paid, and/or threatened by the clintons/obamaumao cabal.
Can AJ Ginsberg’s Opinion be used to argue against the blatantly flawed John Robert’s ruling on Obamacare???
Wouldn’t THAT be sweeeeet ! ?
+10000! Bravo Zulu!!
Since it has transpired this way, CJ Roberts should never again—at least with a straight face—dare to express his contention that federal judges are politically unbiased.
I’m watching now - great catch !!!
Study up on criminal contempt, especially Rule 42 criminal contempt. It is an odd duck. Judge is prosecutor.
I’m all for that at this point !!!
Saw this last night. Somebody needs to inform Emmett about it, because he obviously missed that class.
Obviously, he's never heard of the Trump Curse.
WOW. That’s a great find. Did you research that yourself? If so I think you should write it up and submit to the Wall Street Journal as an op-ed.
You are exactly right. It is directly on point. In the Roman system which underlies European (and Church) law, the judge is an “inquisitor” whose job it is to actively find the truth regardless of whatever interest the parties to the case may have or whatever evidence they may want to present. That’s how Sullivan is acting and his two most recent decisions are quite literally un-American.
yeah i read the rule.
And Comey forgot FBI directors aren't supposed to usurp the authority of the Attorney General. Sullivan and Comey...two crooked peas in a pod.
Sol Wisenberg, former prosecutor, mentioned this case, on Laura Ingraham’s show, tonight, as well.
https://video.foxnews.com/v/6156491196001
1) Judge Sullivan will sentence Flynn and order him locked up
2) DOJ will step in and order him not to be locked up
3) Then there will be a prolonged admin fight to fight this case
And at this point, Senate will need to impeach the Judge ?
John Roberts - another POS left behind by GWB.
Thanks - I thought I saw it on Hannity - must have been Laura
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