DC Circuit Court overrules Judge Leon in Fokker DPA case (Judge Sullivan can pound sand - it’s over)

https://fcpablog.com ^ | May 13. 2020 | Richard L. Cassin April 6, 2016 4:18 pm

[spokeshave]

If you have two parties in a dispute, and during the trial they come to an agreement that resolves the dispute, or if the plaintiff withdraws the complaint - that’s it. The judge has no more role to play.

Exactly that in the Petty Claims Court in CA

Parties are obliged to meet prior to entering the courtroom and make a final decision

If agreeable...case resolved......if not the judge rules.

[RonnG]

And at this point, Senate will need to impeach the Judge ?

Can you find 17 Democrat senators to vote to remove a Obama appointed black judge?

[Gen.Blather]

The thing is, judges are not neutral. At least not since I have been reading the news. (Call it forty plus years.)

[Cletus.D.Yokel]

Sullivan is bringing an ADDITIONAL charge.

[SkyPilot]

Yes, but this won’t stop the Judge. His scheme is to make Trump Pardon Flynn and keep this crap sandwich stirred up until the election.

Could be. I don't think he'll get away with that, and his machinations and schemes will only delay justice for Flynn. I also think Obama's "leaked phone call" to the media was a set of marching orders and instructions for the judge.

[Jim Noble]

Again, I’m sure that Sullivan’s position is that the prosecution is over.

There are cases on point where the State annuls charges resulting in the release of a convicted prisoner, but I believe, in all those cases, that the court agreed.

[Jim Noble]

The case the USSC ruled on last week was slightly different, in that the 9th Circuit used amici to PROSECUTE an active case before it PRIOR TO A VERDICT.

The reason there were nine votes to overrule was because the State, or the plaintiff and their attorneys in a civil case, are the only ones with standing to appear before the court and structure their case.

In the Flynn case, the judge is taking the position that the prosecution case is over, that a verdict (through a plea agreement) has been reached, and that the State has lost discretion as a result.

This is wrong as a matter of law, there is a ton of precedent for the prosecution to withdraw charges after a verdict and even to release long-imprisoned persons subsequently shown to be innocent.

But what these events are REALLY all about is the true government continuing to refuse to allow Donald Trump to function as President - in this case with Judge Sullivan as its functionary.

This case will be 5-4 when it arrives at the Supreme Court and Roberts's vote is uncertain.

The coup has really been quite successful. I do not believe that an Article III court will ever act against any of the conspirators. And furthermore, "Obama" has been activated by his controllers to step out in front and openly lead the resistance, with unknown consequences. 2000 "former DOJ officials" were found to sign a seditious letter in 24 hours. Do you doubt that there are 2000 military officers (or "former officers") prepared to act at a moment's notice?

Donald Trump failed to take control of his government, admittedly from ignorance and in the face of bipartisan resistance backed by threats of removal. Could anyone working on behalf of the people have done better? Probably not.

But Obama and his controllers, slipstreaming behind Judge Sullivan, are about to cross the Rubicon.

The coup will now be put down by force or it will prevail.

[a little elbow grease]

Judge Sullivan must have been one of those whose admission to law school was based on the color of his skin

__________________

A man of his disposition should not be on the bench.

[a little elbow grease]

The man is obviously being paid, and/or threatened by the clintons/obamaumao cabal.

___________________

...... sounds right.

[Fresh Wind]

Judge Sullivan must have been one of those whose admission to law school was based on the color of his skin

Howard University. That explains everything.

[a little elbow grease]

His scheme is to make Trump Pardon Flynn and keep this crap sandwich stirred up until the election. Justice is not blind. Anymore, She’s a corrupt politician.

_________

bingo

[OKITRUMP77]

Can this Judge keep this case open until after the Nov election? Another question: If this case is appealed who will judicate at a higher level?

[TiGuy22]

The community organizer has been busy.

[Diogenesis]

dirty “judge” Sullivan is a blackrobe antifa
who will DO WHAT HE wants for Soros, for Hillary
for whomever put HIM in his position.

IMPEACH the bastard blackrobe who supports
ISIS over America,
supports the DNC over the US Constitution.

J. Sullivan = Treasonous Seditious Criminal

IMPEACH SULLIVAN

[Buttons12]

Sullivan is not arguing dropping the charges, Sullivan is arguing that Flynn committed perjury when he gave his plea. As bizarre as it seems, Sullivan et al are saying...Flynn committed perjury in the court because he falsely said he was guilty.

IANAL, just a humble student of the English language. As such, I would say that the "how" in "how do you plead" refers to a manner, an approach; whereas any statement or testimony offered as truth to the court would be "what" one pleads, and that isn't the question they ask. It's a formality.
But even that aside, if Flynn's plea is perjury, all plea bargaining is out the window, illegal, institutionalized criminality -- and certainly no bargain.

[MCEscherHammer]

The DS must have video of Sullivan in bed with a donkey, and not the virtual kind!

[Buttons12]

If Flynn’s guilty plea is perjury, doesn’t that make the prosecutor a co-conspirator?

[Travis McGee]

I’m still waiting for Durham.

In my most optimistic moments, I’m hoping for simultaneous 4 AM arrests, carried out by U.S. Marshals.

[Jim Noble]

In my most optimistic moments, I’m hoping for simultaneous 4 AM arrests, carried out by U.S. Marshals.

Yeah, I have those moments, too - but I'm not a novelist, and I don't think they're coming.

[urtax$@work]

Only took 5 yrs for the 2nd half of the Fokker case to come to a conclusion...