Posted on 12/16/2019 11:22:42 PM PST by knighthawk
A federal judge on Monday rejected Michael Flynn's comprehensive requests for exculpatory information that may have been withheld by the FBI, saying that the former national security adviser had waived his fundamental constitutional rights by pleading guilty to making false statements.
The order from U.S. District Judge Emmet Sullivan in Washington also set a Jan. 28 sentencing date in the case, and essentially crushed any remaining hopes that Flynn might see his guilty plea tossed. The ruling came just days after Justice Department Inspector General Michael E. Horowitz identified a slew of misconduct by FBI agents investigating former Trump aide Carter Page -- including by a little-known agent who interviewed Flynn at the White House in January 2017.
In his order, Flynn cited prosecutor Brandon Van Grack, formerly a member of Special Counsel Robert Mueller's team, as saying, "[B]y pleading guilty in this case [Mr. Flynn] agrees to waive certain rights afforded by the Constitution of the United States," including the right "to challenge the admissibility of evidence offered against [him.]"
(Excerpt) Read more at foxnews.com ...
As the judge explained in his decision, the delay was a normal function of allowing Flynn to demonstrate his cooperation with the government.
And the government ended up prosecuting Flynn’s associate without Flynn’s testimony anyway. The whole thing was a farce.
Just another example of how it isn’t the spirit of the law, and truth, that matter. It’s how the ‘letter of the law’ can be used to manipulate the outcome wanted.
Correct. Whomever was spreading this rumor that this judge was "fiercely independent" was smoking Mary Jane.
>> but was adamant that he was guilty as charged.
The scumbags were going after his family.
Trump Pardon.....do it.
He came from obama
You have confused “inalienable” with “unalienable.”
The Constitution speaks of “unalienable” rights.
Unalienable rights are inherent in every man, granted by the Creator.
They cannot be surrendered except under lawful punishment.
Flynn was coerced, by threat of a prison sentence, to surrender his right to appeal and to introduce new evidence.
No American can surrender his right to due process and a fair trial.
I would think that waiver would be null and void due to the fact that it was gained by lying! It seems like the FBI can do anything with impunity as long as they believe they are right about whatever they do. God if that was the case shooting Killery would be a given for many people!
+.
So even tho he was still found guilty at his retrial, he got a lesser sentence than what the original conviction gave him.
This is something I don’t get. If his son was guilty, we shouldn’t be sympathetic for a family member’s machinations to try to protect that family member. If his son was not guilty, that still should not be a rationalization for a family member’s legal decisions.
Now, all the bad stuff the Deep State did to Flynn? That of course should be exposed and prosecuted. Should have been long before now if Trump hadn’t put his corrupt SIL in charge of staffing his admin back in the transition.
But if Flynn and his family were also involved in bad stuff, they need to take the hit for that too.
That exactly should be the cause for getting these particular Flynn charges tossed. If he’s deep into his own corruption otherwise that he hasn’t been charged for yet, however, then he should still have that exposure.
The way a General gets to be a General these days is by being a disgusting politician. The days of generals like Patton are over.
Was that when the prosecution - the bastard Weissman - was threatening Flynn’s son? The prosecutors are the ones who should be sentenced - they framed him and then threatened his family if he didn’t agree to the framing.
Are you a lawyer? If you are then you know more than I do about this sort of thing.
I’ve seen references to that a number of times, but no actual evidence or information about it from Flynn himself.
I am convinced that it was the charge related to Turkey where the prosecutors had all the evidence. Virtually nothing is said about that one little charge at the end of the 4-count indictment.
Moreover, according to my court friend Zen Master, once you plead, it’s damn near impossible to get a “do over.” Judges view that as trying to game the system saying, “ok, I’ll take the FG” then later saying, “No, let me try for the TD.”
That may be, but my law/court guys say once you plead out, it’s extremely rare that any judge lets you go back for a do-over.
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