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Judge Sullivan must reject Barr’s usurpation of judicial power
Boston Globe ^ | May 11, 2020 | Laurence H. Tribe

Posted on 05/11/2020 3:12:43 PM PDT by where's_the_Outrage?

US District Judge Emmett G. Sullivan unquestionably knows that when a federal defendant pleads guilty but then asks to be relieved of his fate, it is up to the court to decide the merit of his argument — no matter who supports it, including a prosecutor who has switched sides.

Sullivan is presiding over the case in which former National Security Adviser Michael Flynn pleaded guilty twice to serious federal crimes and is ready for sentencing. The fly in the ointment is a recent request by Attorney General William Barr that basically says: Never mind. Ignore those guilty pleas; Flynn never should’ve been interviewed about his conversations with Russian Ambassador Sergey Kislyak in the first place, so his admitted lies to the FBI don’t matter. The whole “Russia thing” was a hoax, according to Barr, that we’re now helping President Trump erase from history. Anyone studying the facts would have no doubt this was his message.

(Excerpt) Read more at msn.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 12021project; 202005; 202101; agbarr; barr; dccircuit; dcdistrict; dirtyjudgesullivan; emmetgsullivan; emmetsullivan; emmettgsullivan; emmettsullivan; flynn; judiciary; laurencehtribe; laurencetribe; politicaljudiciary; rapinbilljudge; sullivan; tribe; waronbarr
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To: edwinland
Barr represents the people of the United States of America.

A judge is not the people. A judge (the court) is a decider who determines whether the people or the defendant is right.

The people of the United States of America have declined to charge Flynn, whether he plead guilty previously or not. That has no bearing on the DOJ's actions.

The judge cannot prosecute. He can only judge.

It's very simple.


21 posted on 05/11/2020 3:22:13 PM PDT by bagster ("Even bad men love their mamas".)
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To: Kickass Conservative

I have been wondering about that issue. I remember the cop shows of the 60/70s (e.g., Adam 12) where Miranda Rights were essential. Why was Flynn not protected by Miranda?


22 posted on 05/11/2020 3:22:33 PM PDT by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: Brilliant
The DOJ has already said they don’t want to pursue the case.

I don’t think the judge has much leeway here, but I could be wrong.

23 posted on 05/11/2020 3:22:41 PM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: where's_the_Outrage?
Tribe was algore's point man in the attempt to overturn the 2000 election.

And he was willing to throw out absentee military ballots from deployed forces to do so. He was a traitor then and is a traitor now.

24 posted on 05/11/2020 3:22:50 PM PDT by ETCM
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To: where's_the_Outrage?
Tribe was algore's point man in the attempt to overturn the 2000 election

Me not him tribe; me different tribe. (/s)

Seriously, this would be a mere technicality, if we could assume that our judges are by design impartial weighers of the facts and the law. Since we can no longer do this in the face of Clinton and Obama (and most GWB) appointments, it will probably become yet another hurdle in the battle to restore Flynn to his correct status of innocence.

25 posted on 05/11/2020 3:23:06 PM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: where's_the_Outrage?

Simple question to Tribe and his ilk....you seriously want us to believe that never before have convictions been overturned or confessions thrown out because either it was found out that evidence was illegally obtained or the defendant was coerced ???


26 posted on 05/11/2020 3:23:32 PM PDT by XRdsRev (ORANGE MAN GOOD.)
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To: where's_the_Outrage?

The same Judge Sullivan went ballistic on the DOJ in the Ted Stevens case, including appointing a special prosecutor.

https://www.cbc.ca/news/world/judge-lambastes-prosecutors-dismisses-ted-stevens-conviction-1.814451


27 posted on 05/11/2020 3:23:41 PM PDT by shotgun
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To: where's_the_Outrage?
Attorney General William Barr is AG for all America Citizens something this man was not:

Obama was a crony of his AG.....

28 posted on 05/11/2020 3:25:39 PM PDT by yoe (Want to HELP the Slave Trade and Drug Cartels in USA? Vote for a democrat........)
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To: Dogbert41
No justice no peace. Have had more than enough of these Leftist enemies of mankind.

Like with the virus we wonder what God's plan is when he allows heinous acts by lowlife leftists so often.

One theory: smooth the rough edges off our uncut gem selves by the friction of undeserved adversity. Another, a test like Job went through. Another, allowing Free Will is so important to God that he won't interfere with the evil ones.

29 posted on 05/11/2020 3:26:35 PM PDT by frank ballenger (End vote fraud,harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: Alberta's Child

You’re right on both. But my point is that there’s no way this plea deal survives, and if the case were tried, then Obama would be a witness. I suspect the Dems would go nuts if Obama were called as a witness. But there is no way the case could be tried without allowing Flynn to call Obama as a witness so if Obama exercised executive privilege then the case would have to be dismissed.


30 posted on 05/11/2020 3:27:32 PM PDT by Brilliant
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To: where's_the_Outrage?

How do you force somebody to prosecute a case he doesn’t want to prosecute? Are we living in a Kafka novel?


31 posted on 05/11/2020 3:28:20 PM PDT by clintonh8r (Truth is hate speech to those who hate the truth)
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To: where's_the_Outrage?

This opinion that Flynn deserved what he got... and the judge who heard the evidence...
If you are a pelosi or an obama... if you are that biased and that far gone in fairness... then you do think Flynn “lied and no excuses” also, no sense.

From beginning to today... the deep state... the high positioned deep state... pulled every knot and hole to get rid of Trump. They held nothing back and broke every rule of law and Constitution... if you consider that just fine.. then you think Flynn got what he deserved... by hook or by crook... he was caught up in their lies and so be it... that is a pelosi or a barry...

If you consider all who were caught in the deep state trap and lost everything in the mess they created to get rid of Trump.. if you think it was okay for the deep state to do what they did... then you are nuts in the highest degree.. you are biased and you are unfit to live in the land of the free!


32 posted on 05/11/2020 3:33:59 PM PDT by frnewsjunkie
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To: clintonh8r

“How do you force somebody to prosecute a case he doesn’t want to prosecute? Are we living in a Kafka novel?”

Could the judge appoint a special prosecutor?


33 posted on 05/11/2020 3:34:26 PM PDT by riverdawg
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To: Kickass Conservative; where's_the_Outrage?
Was General Flynn read his Miranda Rights when he was “interviewed” by the FBI?

He wasn't arrested so there was no reason to.

34 posted on 05/11/2020 3:34:41 PM PDT by semimojo
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To: where's_the_Outrage?
"...Michael Flynn pleaded guilty twice to serious federal crimes."

Serious... seriously, are you serious?

35 posted on 05/11/2020 3:35:28 PM PDT by map
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To: where's_the_Outrage?

Tribe does not really care about this case.

What really bothers him is that the same underlying evidence in support of dismissal is also leading a path to the indictment of his buddies including his BFF Obama.


36 posted on 05/11/2020 3:36:33 PM PDT by zencycler
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To: where's_the_Outrage?

“Serious” Federal crime? He “lied” to two corrupt FBI agents. And the conversation had nothing to do with any crime. This case should have been tossed months ago. Why are these hacks so afraid of Flynn?


37 posted on 05/11/2020 3:37:12 PM PDT by outpostinmass2
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To: where's_the_Outrage?

Tribe wants to pretend, and with pretense lie to the public, that it is unheard for the DOJ to seek dismissal of a case between the trial and the sentencing. Though rare, it is not without precedents, and as always develops from new insights about the trial from evidence that was hidden or not known during the trial. Such is the case with the trial of Michael Flynn.

The DOJ entered into a corrupt relationship with Flynn’s original attorneys, coercing them to browbeat their defendant into pleading guilty lest the DOJ start going after the defendant’s son. All the while the DOJ was sitting on, knowledgeable of and not giving the defendant’s attorneys evidence they possessed that makes lies of the DOJ accusations against the defendant.

Due to poor and corrupted original legal representation, it took the perseverance of Flynn’s new legal counsel to demand, and eventually obtain evidence the DOJ had been holding out all along. The DOJ prosecutors’ misconduct revealed in the new evidence is the kind of thing that has led in the past to the DOJ itself seeking to have the charges dismissed.

The fact that the Flynn trial is at the midpoint between trial and sentencing doe not change that.


38 posted on 05/11/2020 3:38:09 PM PDT by Wuli
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To: where's_the_Outrage?

I remember. This self-promoting garbage is a waste of skin.


39 posted on 05/11/2020 3:40:21 PM PDT by sauropod (Quarantine is when you restrict sick people, tyranny is when you restrict healthy people.)
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To: Lurkinanloomin

I, for one, appreciate your insistence on this. We should never grant their lie rest.


40 posted on 05/11/2020 3:40:40 PM PDT by avenir
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