READ: Judge Emmet Sullivan's response in Michael Flynn case

DC Court of Appeals ^ | 6/1/2020 | Judge Emmet Sullivan & his attoneys

[confederatecarpetbag]

But it’s not unprecedented. Prosecutors drop or reduce charges across the country every day. This is legal poppycock, just as the opening statement that it ls “unprecedented” for a defendant to change or withdraw his/her plea. This also happens in due course in courts across the land. It would be unprecedented if NO ONE EVER sought to withdraw a plea.

The “with leave of court” language implies that the court has ab overriding jurisdiction within the bounds of law. But there is no leave within federal rules of sentencing, when prosecutors and defense are in curiea on dismissing a case. The Flynn case is not merely about dropping charges - it’s about outright dismissal, warranted as we now know by a pattern of malicious intent at the FBI

[RoseofTexas]

The way the courts have been behaving of late...I doubt it! They’ll just give Sullivan more time to keep Flynn crucified on the cross a little bit longer! That’s how I see it! Poor guy...so close yet so far. I hope after this is over he sues the crap out of ALL OF THEM!!! Can this idiot be sued too?

[centurion316]

It is unprecedented for an acting U.S. Attorney to contradict the solemn representations that career prosecutors made time and again, and undermine the district court’s legal and factual findings, in moving on his own to dismiss the charge years after two district Federal judges accepted the defendant’s plea.

This is their first argument which claims that the Chain of Command of the DOJ, including the Attorney General of the United States, cannot overrule career prosecutors (read: Deep State operatives). This is nonsense.

The rest of their argument tries to throw manure into this dumpster fire by citing precedence that have all been rendered moot by the recent unanamous decision of the Supreme Court. Judges have been commandeering the powers of the Executive to serve as prosecutors, judge, and jurors to advance their political agenda. Madison in Federalist 47 said that this would lead to tyranny which is exactly what is going on.

The Circuit Court is not going to buy this.

[Will88]

The judge is trying to keep the Flynn case going because anti-Trumpers want no news stories verifying how any of Trump’s associates were treated unfairly, and outright railroaded by high government officials. No stories that show Trump associates were wronged, and were innocent of wrongdoing.

If that happened, then the whole Russia Hoax scam would start unraveling even more than it has already, with the 2020 elections getting closer and closer. Can’t have that.

[Repealthe17thAmendment]

I’m not a lawyer, so I don’t know what it all really means, but it seems to me that Judge Sullivan is saying that he hasn’t made a decision yet, so they shouldn’t force him to right now. And Flynn would still have a right to appeal.

[Captain Jack Aubrey]

The judge needs to get ready for a big slap down.

[kaehurowing]

Hopefully the appeals court tells Judge Sullivan to go screw himself.

[centurion316]

I’m not reading 46 pages of fluff

I don't think that its fluff, but it is mostly nonsense, citing moot precendents and making fantasy opinions on the meaning of the famous Rule 48. The argument on the rule that cites that "The leave of Court" is required before the DOJ can drop the charge twists the meaning. The "leave of the court" is intended to protect the defendant from rogue prosectutors, not to enable prosecutors or judges to continue a travesty of justice.

[Irish Eyes]

Bookmark

[Eleutheria5]

Nine pages until he finally has some text, and that’s his opening? It’s “unusual”? I wish the Appellate Circuit luck, but I am not going any further reading this giant brain fart of a brief.

[dontreadthis]

thanks for the info

[liberalh8ter]

I believe what she’s citing as unprecedented is that he plead guilty twice before two judges and then changed his plea. Not that the plea was changed. Unprecedented or not, it doesn’t change the fact the prosecutors withheld Brady material, the cops were dirty and the whole thing was a set-up.

[liberalh8ter]

Please see my post 52.

[CivilWarBrewing]

"..so they shouldn't force him to."

In other words, he's implying the circuit court has their knee on his neck.

[EliRoom8]

>>Satan’s servants don’t need pressure.....<<

SO TRUE!

There rioting progressives are of the same strip of a future crowd.

Rev 20: 7 When the thousand years are over (of Christ ruling), Satan will be released from his prison and will go out to deceive the nations in the four corners of the earth—Gog and Magog—and to gather them for battle. In number they are like the sand on the seashore. 9 They marched across the breadth of the earth and surrounded the camp of God’s people (rioting?? protesting??), the city he loves. But fire came down from heaven and devoured them. (ouch!!!) 10 And the devil, who deceived them, was thrown into the lake of burning sulfur, where the beast and the false prophet had been thrown. They will be tormented day and night for ever and ever.

[semimojo]

He also wonders if the lies about Turkey are to be overlooked even though they aren’t part of the charges.

But they were part of his plea agreement and they weren't addressed by the DOJ when they petitioned to drop the charges.

I think the Turkey issue is one of the more interesting aspects of this.

[MAGAthon]

pretty soon the Judge will have a book ready for publication, with glowing reviews and promotion by the FakeNewsMSM:

Another embarrassing day in court for Michael Flynn
In a 92-page ruling, Sullivan accuses Flynn’s legal team of what is
WaPo -16 Dec 2019

Judge Rejects Michael Flynn’s Claims in His Attacks on
The 92-page ruling by Judge Emmet G. Sullivan also effectively ended Mr. Flynn’s hopes that the judge would toss his conviction as
NYT - 16 Dec 2019

Flynn set for Jan. 28 sentencing after judge rejects claims ex...
The blistering, 92-page opinion from U.S. District Court Judge Emmet Sullivan is a complete strikeout for Flynn’s new legal team
Politico - 16 Dec 2019

Judge rejects Michael Flynn’s attacks on the FBI
But in a 92-page ruling, U.S. District Judge Emmet Sullivan ruled against Flynn, offering a point by point rebuttal of his arguments to force
NBC News - 16 Dec 2019

Judge rejects claims by Trump ex-adviser Flynn of ...
Sullivan’s 92-page ruling represented a major blow to Flynn, who has tried to ...
Reuters - 16 Dec 2019

[xzins]

The FARA paperwork requirements were pretty much ignored at the time that Flynn and son were acting as helpers for Turkey. Since then the legal system has tightened up enforcement a bit, but the point remains that tons of people are working to lobby in Washington on behalf of other countries.

And many of them do it under the table and it’s never obvious.

[AndyJackson]

Read the Solicitor General of the US brief supporting dismissal of the Flynn matter.

[AndyJackson]

Who bats next?

Sydney has 7 days to file a Reply brief to Sullivan.