Posted on 06/01/2020 1:46:59 PM PDT by Jack Black
Their articles in the twentieth paragraph probably explain why the headline is not actually accurate.
“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.
Agree”
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Interesting that Jocelyn Ballantine (Assistant United States Attorney) signed the SG brief. Wasn’t she on the prosecution team? Certainly she must be a career prosecutor.
There is a legitimate need for a judge to respond to frauds perpetrated against his court.
One fraud was committed by Flynn by testifying under penalty of perjury that he was guilty. That act appears to be mitigated significantly by the hidden agreement of the prosecutors not to prosecute Flynn's son.
Other frauds were perpetrated on the court by the prosecution. These frauds probably include false statements, withheld evidence, hidden coercion, and who knows how many other crimes.
The government evidently disappeared all the offending prosecutors and introduced a motion to dismiss which admitted to the frauds.
The main claim made to the appeals court seems to be that Sullivan has the authority to consider whether the misbehavior in his court justifies sanctions against the various parties to the case.
It wouldn't surprise me if the request for a writ is denied along with a description of how Sullivan should proceed. Sullivan should slap Flynn's hand for committing perjury under coercion and let him go.
Sullivan should then call everyone whose name appeared associated with any prosecutorial claim and give them a chance to explain why they should not be held in contempt. Then Sullivan should sentence some of the prosecutors to sentences for contempt and make referalls to the Justice Department for further investigation.
p
Authority for that statement?
No surprise, all predicted on this thread a week and a half ago:
http://freerepublic.com/focus/f-news/3847324/posts
“There is no “fray”. Both parties are in agreement, dismiss the charges. The Judge is attempting to continue a political fray for which is has no authority to pursue.”
The Fraud used to posit a lie and then argue against it.
They have the same handlers.
Made me dive deeper into the pillow talkers in DC.
https://www.politico.com/blogs/media/2014/07/david-gregory-buys-545m-house-in-dc-192693
Here you go Jack. Bitt gave me the link.
https://twitter.com/SidneyPowell1/status/1267548648470196225
(Click on the picture with the lightning bolts.)
Amicus Briefs:
June 1, 2020 – Brief of Majority Leader Mitch Mcconnell and Senators Tom Cotton, Mike Braun, Kevin Cramer, Ted Cruz, Charles E. Grassley, and Rick Scott as Amici Curiae in Support of the United States of America
June 1, 2020 – Brief Amici Curiae of Eleven Members of the United States House of Representatives in Support of Petitioner and Reversal
June 1, 2020 – Brief for The United States in Support of the Petition for Writ of Mandamus
June 1, 2020 – Brief for Judge Emmet G. Sullivan In Response to May 21, 2020 Order
June 1, 2020 – Brief Amicus Curiae of Former United States Attorney General Edwin Meese III and Conservative Legal Defense and Education Fund in Support of Petitioner in the DC Circuit Court of Appeals
A slew of high powered amicus briefs that make Judge Sully look like a whiney chump. Separation of powers, prosecution belongs to the executive branch, the DoJ and defendant agree on dismissal, etc.
wow! compared to the ridiculous gobbledygook submitted by Sullivan, DoJ has presented an amazingly well-founded argument in a very clear fashion ...
“Reading it now, it looks like a real brief. Asserts the power of the Executive. Cites Fokker. Claims error on part of the Counsel for Judge Sullivan. I’d say that this round goes to the Solicitor General.”
no kidding ... compared to the ridiculous gobbledygook submitted by Sullivan, the DoJ has presented amazingly well-founded and comprehensive arguments in a very clear fashion, extensively citing past decisions and the Constitution to support it’s arguments ...
given that brief submitted by the DoJ is looks to me like the appeals court will have an extremely difficult time in justifying letting Sullivan’s court proceed with its three ring circus ...
Rule 27 Rules of Federal Appellate Procedure
Thanks for the link.
We changed from CNN.
The Judge should be held in contempt for not responding personally as the court ordered. Sullivan did not do so, his lawyer did and his lawyer signed it.
Throw the liberal fascist in jail for a month so he can cool his liberal fascist heels. Maybe COVID-19 will force him into retirement.
Removed from the bench? And exactly how many Rat Senators will vote “aye” on *that*?
“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.”
As a reminder, FraudCo’s handlers have always been fixated on using “unprecedented” wherever possible.
Sullivan is simply trying to get revenge.....
And, we know, they have done it to him before. (Sen. Stephens case). He should be demanding THEY come answer his questions.
“To get a full understanding of the plea agreement struck by the parties, Judge Sullivan also asked the government whether it had declined to prose-cute Mr. Flynn for other chargeable conduct, including whether Mr. Flynn’s conduct “rises to the level of treasonous activity on his part. The government responded that this was a “serious question” that it could not answer on the spot. Id. At 35-36”
That is the most amazing statement misrepresenting the rant that Judge Sullivan addressed toward General Flynn I can imaging, bordering on perjury in this brief to the Appellate Court. It’s couched in such mild language as to be unrecognizable from the actual language which Judge Sullivan used as shown in the court records. Sydney Powell must be foaming at the mouth with such mealy mouthed lying by the judge’s counsel’s misrepresentation of what he REALLY said, trying to turn it into a mere query to the prosecutors.
It does, however, show the judge’s lack of a grasp of the law of what a treason charge really is under the Constitution. Turkey is not an enemy state, and for that matter, neither is Russia.
This all sounds absurd. If anything, he should be considering sanctions against the prosecutors and the DOJ, not the defendant!
Yes, Flynn pleaded to a lie. But the plea was a ‘bargain’ to avoid other potential charges that risked long prison sentence. Even the judge knows this (I think it is the same judge, maybe a different case, who commented that he understands that prosecutors use leverage to get a plea as a matter of routine). Even if the odds of conviction are very low, it is probably a better choice to take a plea for a small crime which he did not commit than to risk a long federal prison sentence and millions in legal bills defending whatever case they pressed if he didn’t plea. This is a textbook case for why we need criminal justice reform.
Worse, the prosecutors withheld information and potentially conspired with his former counsel - a firm where none other than former AG Holder currently works - to avoid a FARA charge because that law firm was the firm that helped Flynn with his FARA paperwork. If Flynn went to trial on FARA charges, the prior law firm would face liability and loss of business. There was a clear conflict of interest.
The judge at one point accused Flynn of Treason! He later apologized, but it reveals a potential emotional attachment.
I wish I could say I was shocked, but I’m not. Something is amiss here and all this scurrying around only adds to suspicion. The DOJ withdrew the case, there is no controversy here to rule on, and it sounds like the judge is trying to invent a controversy (sanctions for lying to the court by his legally required allocution in pleading guilty?) to keep the case going.... or as another poster said “delay”.
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