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 ...
This is 10/10 correct.
The prosecutor should be the one begging for mercy.
Failure to turn over exculpatory evidence is extremely serious. And there is no worse sin an attorney can commit than fraud on the tribunal. It’s treated as a bigger violation than breaking attorney-client privilege.
To summarize, a lawyer can lie to absolutely everybody *but* the judge.
I have not confused anything. People can and do validly waive Constitutional rights every day.
Criticizing Powell’s shoddy representation is NOT the same as criticizing her underlying criticisms of the Deep State.
The Deep State ought to be punished severely for what they did, and if they are lawyers their licenses should be revoked (and I don’t know why complaints have not been made already with the appropriate licensing authorities).
People plead guilty every day to spare a loved one legal jeopardy. There is a whole body of law which addresses the situation because it is a dangerous area. But it can be done and is done.
Negotiating with the government is like negotiating with the local Mafia. Maybe you can do something for them, maybe they will have mercy. And people who decry what is happening to Flynn cheer all the time when it is happening to someone else, they just often don’t know it is happening.
If your friend knows that, Powell ought to know that. If she didn’t, she is a very bad lawyer.
If she did, she has set Flynn up to do time he wasn’t going to do. THAT is the real story. Ask your friend for confirmation.
Would not be surprised if Flynn appeals and that this ends up in the Supreme Court. Sydney Powell is no slouch.
This sounds like something that could tie-up our entire Federal appeals process for the next thirteen years.
How can one waive their unalienable rights? Skip the trial and proceed with the execution?
This is a poor decision by the judge. One does not waive rights indefinitely when Brady evidence comes up.
How can one “waive one’s Constitutional rights”?
I wonder if there was some other secret he was hiding by pleading guilty that he then kept secret? Seems like he should have just gotten all of this over and he’d be on with his life instead of dragging this out forever. Either way, I have little sympathy since he chose to be a foreign agent, without disclosure, and then risked Trump’s reputation through that treasonous action. Flynn should be asking Turkey and others for help since he sold out the US.
Flynn’s first mistake and a very important one was when FBI agents approached him he should have halted any conversations until he contacted his attorney and that attorney present for any future conversations.
Trump fired Flynn for lying, and it turns out Trump was right and fair, as usual.
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The sad part of this is that Flynn did not have to lie about his contacts with Russians. So what if he talked to them? He wasn’t plotting or passing secret information. His response should have been, “I’ve discussed politics with them so many times that I can’t recall them all, and I plan to talk to them more.”
His second mistake was the series of phone calls to the Russian ambassador, Kislyak. Again, there was nothing wrong with them. But he placed those cell phone calls while was on vacation in a Third World sh!t-hole (the Dominican Republic), which was about as reckless and irresponsible as you can imagine for a national security expert.
I wish the guy would get off with a slap on the wrist, and then go away and never show his face in public again.
Exactly!
For heaven’s sake, the very guy who held back information forced an agreement by withholding the information.
It was a severely flawed process, and this judge just backed the prime offender’s manipulation.
“Just because we now know who the real killer was, you can’t be judged innocent. You waived your Constitutional rights.” Hogwash!
a leftist Judge worried about constitutional rights? Haa Haa Haa... That’s a good one..
I don’t understand why that dirtbag is still vertical. He destroyed dozens of lives for political fun. IIRC, Sidney Powell skewered him in her book.
Re: I have not confused anything.
Sorry. That’s incorrect.
You can waive “inalienable” rights.
You cannot waive “unalienable” rights.
Please consult Black’s Legal Dictionary, which is the primary source for all English language legal terms.
Happens all the time. Plea bargain, no trial.
Due process is what the court says it is, not what any one of us thinks it is.
And generally speaking, "alienation" it giving to another. You can suicide, but not Frankenstein.
I thought that was obvious.
You cannot bargain away your right to due process and a fair trial if there has been prosecutorial misconduct or coercion.
Don’t you think Trump pardons Flynn if he is re-elected in 2020?
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