Where is the due process in this?
2 questions
1) Can you be found guilty without being indicted for the offense? I did not think judges could decide what offense you were charged with. Aren’t they are there to preside over the trial for the specific charges brought by the prosecutor.
2) If you are going to be found guilty and sentenced for something, don’t you have the RIGHT to review the specific charges and then plead “guilty” or “not guilty”, and then present your defense before the court?
"Tuesday’s appellate opinion (pdf) written by Circuit Judge Sri Srinivasan said, “The Constitution allocates primacy in criminal charging decisions to the Executive Branch.”
Correct.
Even if Sullivan falls upon the historically weak “contempt” charge, which he can enforce unilaterally, that can always be appealed and it is an ADDITIONAL AND SEPARATE charge and would not be considered part of the original court case. Sullivan would STILL need to grant the withdrawal motion to move on the contempt charge.
In short, it would be an entirely new case once appealed.
there is the fruit of the poisonous tree aspects of these things. The case should have never been brought. The FISC might get into the picture here because they ordered a review of other FISA cases to identify such cases. What Sullivan is trying to do by ultimately dismissing the case, as he must, and then citing Flynn with contempt and sentencing him for that, is still dependent on the case getting into court to then be abused by the system. Other judges will certainly recognize that particularly given precedent of other case history in the DC Circuit & the SCOTUS re the 9th last week. TBD + WWG1WGA :)