To: little jeremiah
On 02/16/2018, The judge, "sua sponte", under Brady, required mueller to turn over everything, good and bad,to flynn.
Flynn hadn't asked for it( sua sponte - The term is usually applied to actions by a judge taken without a prior motion or request from the parties.)
Mueller did not oppose it.
While not specifically mentioned, the 302s should have been included in the turnover.
Accordingly, the Court, sua sponte, directs the government to produce to defendant in a timely manner any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.
https://www.courthousenews.com/wp-content/uploads/2018/02/FLYNN-ORDER.pdf
Maybe a FR lawyer can chime in here.
1,168 posted on
12/17/2018 7:59:27 PM PST by
stylin19a
(2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
To: stylin19a
Thank you, that is extremely interesting. So Gen. Flynn didn’t even ask.
1,176 posted on
12/17/2018 8:04:47 PM PST by
little jeremiah
(When we do not punish evildoers we are ripping the foundations of justice from future generations)
To: stylin19a
Your interpretation is correct. The court, on its own motion (sua sponte) ordered Mueller to turn over all exculpatory evidence to Flynn, even though he had already pleaded guilty. The court clearly wanted to make sure that Flynn’s plea was knowing and intentional, i.e., made with sufficient knowledge of the facts that it could be willfully entered into.
The 302s should have been among the documents provided to Flynn under the Court’s order.
What I don’t understand is why Flynn and his lawyers, having this information, have not attacked the prosecution and sought to throw out the plea, the indictment, and the Special Counsel’s investigation. It is a travesty. The only thing that makes sense is info that came to light with the recent indictments of two people connected with Flynn in lobbying for Turkey. He was on the hook for not registering, or maybe his son was in some jeopardy, and so even though he knew that the lying case against him was BS, he did not contest it in order to avoid other charges against him and his family. Otherwise, his lawyers are the worst ever.
1,213 posted on
12/17/2018 9:09:21 PM PST by
Defiant
(I may be deplorable, but I'm not getting in that basket.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson