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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: Kickass Conservative
Was General Flynn read his Miranda Rights when he was “interviewed” by the FBI?

Absolutely not! In fact, quite the opposite. They misled him into thinking this was a friendly chat and concealed the interview was part of a criminal investigation. Oh, and they deliberately failed to notify White House Counsel to make sure he wouldn't have a lawyer in the room.

But, according to Harvard Law Larry all that deception and unethical conduct is A-OK if it gets the prosecutor a guilty verdict!

41 posted on 05/11/2020 3:46:42 PM PDT by colorado tanker
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To: Brilliant

I think you are correct, but when I read your post I got a sudden vision of Sidney Powell questioning Bammy on the stand. It was delightful. Sidney would make him look like so much of a fool that everyone who saw it would see through all his lies.


42 posted on 05/11/2020 3:50:11 PM PDT by Ann de IL
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To: where's_the_Outrage?

Name me an AG post war that has done anything to rock the boat with their own POTUS. I think you will come up with no one. Right or wrong, the AG pulls the party line. Was no different under Obama, Bush, Clinton, and I am sure way back before Kennedy.


43 posted on 05/11/2020 3:50:23 PM PDT by Sam Gamgee
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To: Sam Gamgee

Through Kennedy the AG was known and expected to be the president’s wing man.

Kennedy appointed his inexperienced brother.


44 posted on 05/11/2020 3:52:52 PM PDT by jjotto (“Blessed are You LORD, who crushes enemies and subdues the wicked.”)
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To: where's_the_Outrage?

Tribe is wanting the Judge to usurp the prosecutorial duties of the Department of Justice. He’s calling on the judge to become the executive department as well as the judiciary department.

When the prosecutor determines that their case in chief has fallen apart, it is indeed in order for them to withdraw it, at any point, including after plea, sentencing, at any time. Just because the judge has accepted a negotiated settlement between parties does not mean that it is final. Tribe is all wet. He wants to serve his LAW cake and have the innocent eat it too, because he is more interested in process than justice.


45 posted on 05/11/2020 3:53:38 PM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot!)
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To: where's_the_Outrage?

Miranda ONLY applicable at arrest...


46 posted on 05/11/2020 3:54:23 PM PDT by ExSES (the "bottomhttps://youtu.be/ycrqXJYf1SU-line")
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To: avenir

Thank you, I appreciate that.
You may have noticed it isn’t a universally shared opinion on FR, though it should be.


47 posted on 05/11/2020 3:55:00 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: jjotto

Yeah funny that Kennedy set some standards (sleeping with multiple women while POTUS, hiring his own family as AG) and Democrats had NO problem with any of that until Trump and his family had their turn. Trump may have fooled around on his wife, but at least he didn’t try to sleep with anything that moves like Kennedy did WHILE IN OFFICE.


48 posted on 05/11/2020 3:57:29 PM PDT by Sam Gamgee
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To: Equine1952

Same day.


49 posted on 05/11/2020 4:07:13 PM PDT by SmokingJoe
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To: where's_the_Outrage?

Liberal Professors Launch Campaign To Pack Supreme Court After Kavanaugh Confirmation
10/16/2018, 10:40:01 PM · by blam · 54 replies
Fox News ^ | 10-16-2018 | Gregg Re
Less than a month after the confirmation of Associate Justice Brett Kavanaugh entrenched a 5-4 conservative majority on the Supreme Court, leading law professors are urging Democrats to expand the size of all of the nation’s federal courts and pack them with liberals. Far-left Harvard professors Mark Tushnet and Laurence Tribe are lending their support to the so-called “1.20.21 Project,” which was launched by political science professor Aaron Belkin on Wednesday to counter “Republican obstruction, theft and procedural abuse” of the federal judiciary. That rhetoric reflects the professors’ apparent surprise after Democrats lost the 2016 presidential election, which they had...


50 posted on 05/11/2020 4:09:15 PM PDT by piasa (Attitude adjustments offered here free of charge.)
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To: frnewsjunkie; ETCM; yoe
Seditious coup member Tribe knows damn well that corrupt prosecutors ( you can't get any more corrupt than Andrew Weissmann ) criminally extort pleas, especially in this case when the clear objective was to 'prosecute LtGen Flynn or get him fired' with NO underlying crime. He is scum.
51 posted on 05/11/2020 4:09:22 PM PDT by A strike (" Was that wrong? Should I not have done this? " - Costanza)
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To: where's_the_Outrage?
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

With the super corrupt FBI as presently constituted, everybody should be encouraged to lie to the FBI, or even better, not talk to them at all.
Lying to the FBI should not even be a crime. The law that says it's a crime cannot be constitutional. You are not under oath, so you cannot be guilty of perjury.

52 posted on 05/11/2020 4:15:17 PM PDT by SmokingJoe
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To: Brilliant
At a minimum he’s going to set aside the plea. Then it will be up to the DOJ to decide whether to prosecute.

They already decided and asked the Judge to dismiss the case.

53 posted on 05/11/2020 4:23:48 PM PDT by AndyJackson
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To: Alberta's Child
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.

I have to agree. Seems to me that if the DOJ, which is in charge of prosecution, declines to present the defendant's (forced) confession as evidence, it's not included as evidence. At that point, there's no case at all.

The difference is that the AG changed in the middle of the game. Too bad. Your tribe loses, Tribe.

54 posted on 05/11/2020 4:29:02 PM PDT by SamuraiScot (am)
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To: where's_the_Outrage?

Ever heard of confession under duress?


55 posted on 05/11/2020 4:30:41 PM PDT by Savage Beast (President Trump, praying for guidance, giving his salary to charity, is on the Side of the Angels.)
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To: where's_the_Outrage?
Anyone studying the facts would have no doubt this was his message.

And anyone studying the facts would also know it was the truth, but for the "admitted lies" portion. Tribe is willfully clueless or worse.

56 posted on 05/11/2020 4:35:06 PM PDT by Republican Wildcat
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To: piasa

If he is re-elected, Trump should thank these professors, accept their advice, and immediately nominate three new SC justices.


57 posted on 05/11/2020 4:41:29 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: where's_the_Outrage?

Tribe’s over simplification of the issues deserves an award.


58 posted on 05/11/2020 4:46:33 PM PDT by chopperk
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To: where's_the_Outrage?

The following is from a document that liberals, progressives, and Democrats rarely read, accept, or understand; the US Constitution,

Section 2. Judicial Power and Jurisdiction

Clause 1. Cases and Controversies; Grants of Jurisdiction
The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to CONTROVERSIES TO WHICH THE UNITED STATES SHALL BE A PARTY;—to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States,—between Citizens of the same State claiming Land under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Note the use of the word, CONTROVERSY. Both the US DOJ and Flynn’s defense are in agreement. There is no longer a controversy. The constitution requires the dismissal of the charges and the vacating of Flynn’s guilty plea.


59 posted on 05/11/2020 4:49:28 PM PDT by DMZFrank
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To: where's_the_Outrage?
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?Because Flynn was not under arrest. He volunteered to talk to the FBI agents in his office.

They did not follow bureau procedure of telling Flynn that lying to the FBI is a crime, apparently. Something that would have been an issue in any trial on the charges, had one ever taken place.

60 posted on 05/11/2020 4:51:31 PM PDT by Jack Black
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