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 ...
Flynn was not in custody, or under arrest. They lulled him into an incrimination (non-incrimination actually) which they completely fabricated. They pretended that he was not a suspect, so Miranda did not apply.
That is why this was entrapment.
Very interesting and relevant link, although to a different Judge Sullivan!--Brendan Sullivan. The AG in charge of that case against Sen. Ted Stevens of Alaska, which was thrown out, was Holder--who unfortunately wasn't later prosecuted for contempt of court and malicious prosecution.
I wish this guy would go away.
Constitutional Law to Tribey is CON Law
Tribe is a Democrat first and foremost; he is a legal scholar second unless it conflicts with the first; and an American third (maybe).
That seems completely logical. Because the sentencing was already in process, there have been all these motions filed. I understand that Sidney Powell is now petitioning to withdraw them, but I think it would be fun if the judge declined to permit the withdrawl of that Petition, and rather accepted it.
The result would be that the case is still thrown out, but the arguments put forward by Sidney Powell are the findings of the court.
MR. FLYNN’S MOTION TO DISMISS FOR EGREGIOUS GOVERNMENT MISCONDUCT AND IN THE INTEREST OF JUSTICE
I think the proven FACT of the "egrigoius government misconduct" is an important one to pin to this case for all times.
It strikes me that there is a bit of convenient face-saving in the DOJ's filing to dismiss. So many interesting things were being discovered, things that many here have known or suspected, are now documented as a result of the extended document production that has taken place since Barr but the special minder in place for the Mueller hacks.
Funny how Tribe skips right over that.
Charges dropped, case dismissed. Next case!
Pretty much cut and dry.
It’s Larry Tribe an unrepentant corruptocrat
In this case, regardless of how Gen. Flynn plead, we have the prosecutors moving to end the case since they now believe no crime was committed. If the prosecution comes to the belief that no crime was committed, then there is no basis for the Court to do anything but end the case as per the DOJ's motion.
Once the DOJ realized that in truth there was no criminal act by Gen. Flynn, then his plea deal is moot.
That Lawrence Tribe makes the argument he does shows how partisan political viewpoints have corrupted legal thinking. Would Tribe write a similar article if the DOJ decided that it had the wrong person for a drug trafficking charge and filed a motion to drop the charges against the innocent person?
Right on the first try.
That is the important point. It is only illegal to lie to an FBI agent about something that is material to an investigation. If you are having a beer with some FBI agent and he asks you if you think his wife's dress is pretty you can say "sure, it looks great on her" even if you think it is ugly. But you can't lie about something material to an investigation.
In Flynn's case he didn't lie at all as far as anyone can tell from what has leaked out of the actual answers he gave.
He believes that the American people will continue to believe their lies and support their sedition.
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Many would have. The irony is that the progs have leveraged COVID into house arrest, job loss due to closure of businesses by edict, shortages, unavailability of services taken for granted (again, by edict),proscription against travel & entertainment, exchange of earning a living with relief checks, arbitrary designation of *essential/non-essential* for all business, social isolation enforced under cover of law...etc.
Americans are uncomfortable for the first time in many people’s lives. The reality of authoritarianism has been revealed as they ripped off their masks.
THIS is just the 1st stage of communism and it’s ugly. People are smart enough to figure out how bad it could get.
Americans have lost their political innocence.
Another massive mistake by the progs is the immigration of many people from communist countries. These folks stand up and tell the truth, for the most part. The legal entrants recognize what they fled.
As long as the progs can keep the fear flowing, they will retain some supporters. Once the fear is gone, people want their lives back and they know full well who stole that.
...Obama exercised executive privilege ...
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Does that extend beyond the term of office? Are former Presidents protected forever by virtue of once having held the Executive?
2) Ensuring That a Plea Is Voluntary. Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement).
Rational people will figure it out. Democrats will be thankful because the government came in and saved them from the unknown monster and they will willingly forfeit their freedom, their liberty, their fortune, and their future to a politician who will tell them that they can't have three people in a bass boat.
We are about to find out how many of our kind and how many of their kind are in this country. The government that we get out of this will be the one we deserve.
The fly in the ointment is a recent request by Attorney General William Barr
The Motion to Dismiss was not by William Barr. It was by Prosecutor Timothy Shea.
Respectfully submitted,TIMOTHY SHEA
BY:_____Timothy Shea_________
United States Attorney
D.C. Bar No. 472845
basically says: Never mind. Ignore those guilty pleas
It is more like the prosecutor said it was impossible to ignore what the FBI did. They had the transcript of the call before they questioned Flynn. His answers were never material to any FBI investigaiton. Included in the motion is the following at pp. 17-18: (and much more)
Additionally, prior to the interview, there were internal FBI discussions about whether to show Mr. Flynn the transcripts of his calls with Mr. Kislyak. In light of the fact that the FBI already had these transcripts in its possessions, Mr. Flynn’s answers would have shed no light on whether and what he communicated with Mr. Kislyak.—and those issues were immaterial to the no longer justifiably predicated counterintelligence investigation. Similarly, whether Mr. Flynn did or “did not recall” (ECF No. 1) communications already known by the FBI was assuredly not material.Under these circumstances, the Government cannot explain, much less prove to a jury beyond a reasonable doubt, how false statements are “material” to an investigation that—as explained above—seems to have been undertaken only to elicit those very false statements and thereby criminalize Mr. Flynn. Although it does not matter that the FBI knew the truth and therefore was not deceived by Mr. Flynn’s statements, see United States v. Safavian, 649 F.3d 688, 691-92 (D.C. Cir. 2011), a false statement must still “be capable of influencing an agency function or decision,” United States v. Moore, 612 F.3d 698, 702 (D.C. Cir. 2010) (citations and quotation mark omitted). Even if he told the truth, Mr. Flynn’s statements could not have conceivably “influenced” an investigation that had neither a legitimate counterintelligence nor criminal purpose. See United States v. Mancuso, 485 F.2d 275, 281 (2d Cir. 1973) (“Neither the answer he in fact gave nor the truth he allegedly concealed could have impeded or furthered the investigation.”); cf. United States v. Hansen, 772 F.2d 940, 949 (D.C. Cir. 1985) (noting that a lie can be material absent an existing investigation so long as it might “influenc[e] the possibility that an investigation might commence.”). Accordingly, a review of the facts and circumstances of this case, including newly discovered and disclosed information, indicates that Mr. Flynn’s statements were never “material” to any FBI investigation.
Tribe was algore's point man in the attempt to overturn the 2000 election.
David Boies was lead attorney for Gore, and argued the case to the Supreme Court.
...government that we get out of this will be the one we deserve.
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Caveat: it will be the one the snarky, condescending, patronizing, dictatorial Karens deserve. The rest of us, not so much.
Those same little proto-Hitlers and their mindless followers need to be socially shunned and ridiculed. They revel in that sort of treatment of others, so they should receive it.
Every time someone piously invokes an aged relative, I think of my older friends (& I’m 77 & *vulnerable*)and want to slap them silly. I see elderly being isolated to the point of depression and confusion. I take my muzzle along when shopping in case the store policy demands them. So far, none has, so I carry it in my pocket, elastic dangling. I’m seeing more masks, unfortunately.
Tribe is a leftist psychopath which is why he teaches at a leftist university’s law school.
Unfortunately he is joined by hundreds, if not thousands of other unhinged leftist professors/lawyers so I can’t say that he is “a man without a tribe”, but is a “One Man Tribe with a band of psychos”.
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