Posted on 05/13/2020 6:33:07 AM PDT by Kaslin
That is a fact not in evidence.
later
A good summary for those who say “This was just what the FBI does all the time.”
“In accordance with usual FBI practice, the interview was not recorded. “
THIS IS CRIMINAL BEHAVIOR.
Instead of adjudicating the case presented by the parties, however, the court named three amici and invited them to brief and argue issues framed by the panel, including a question never raised by Sineneng-Smith: Whether the statute is overbroad under the First Amendment. ....
The Nation’s adversarial adjudication system follows the principle of party presentation. Greenlaw v. United States, 554 U. S. 237, 243. “In both civil and criminal cases, . . . we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.” Id., at 243
Even more damning in this case is what Ginsburg wrote in Greenlaw where she said:
“[o]ur adversary system is designed around the premise that the parties know what is best for them, and are responsible for advancing the facts and arguments entitling them to relief.” (Scalia, J., concurring in part and concurring in judgment). As cogently explained:
“[Courts] do not, or should not, sally forth each day looking for wrongs to right. We wait for cases to come to us, and when they do we normally decide only questions presented by the parties.Counsel almost always know a great deal more about their cases than we do, and this must be particularly true of counsel for the United States, the richest, most powerful, and best represented litigant to appear before us.
And Ginsburg continues in Greenlaw: This Court has recognized that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.” United States v. Nixon, 418 U. S. 683, 693 (1974)
So holdeth Ginsburg and her colleagues.
In this case, the United States has withdrawn from prosecution and sought to dismiss.
Much about the Flynn case still puzzles me, including Flynn’s thought process. He’s been in DC for many years, especially in the “intelligence community.” He already had enemies and was forced to retire from the Obama Admin in 2012. He should quite understand the viciousness of the swamp, no? He was how at the highest levels of the Trump Admin - couldn’t he imagine that he, and others, would be targeted by the Deep State? Why did he plead guilty, when he knew he did no wrong? What exactly was he threatened with?
Also, why on God’s green earth did he hire Eric Holder’s firm to defend him? They screwed him over a second time.
No kidding. The FBI is a thoroughly corrupt organization, pretty much top to bottom. I keep hearing about the 99% good FBI agents but how many came forward about the Russiagate BS? How many refused to do sway raids on harmless old men like Manafort and Stone? I am convinced there are very few good FBI agents.
My take is quite different than a lot of those who see Judge Sullivan’s minute order, inviting amici briefs, as spelling trouble for General Flynn. To understand where Judge Sullivan is coming from you have to understand where he’s been with regard to DOJ prosecutorial misconduct and corruption. The Flynn case is eerily similar to the Senator Ted Stevens prosecution. Both the Stevens and Flynn cases were handled by Judge Sullivan and both have now resulted in Justice filing a MTD due to prosecutorial misconduct. In Stevens, Judge Sullivan agreed that the misconduct was so egregious he held the prosecutors in civil contempt and appointed a court master to examine into the misconduct. One prosecutor killed himself before it was all over. He ultimately dismissed the Stevens case and civil contempt charges, likely thinking he had sent a sobering message to the DOJ to never commit fraud in the courtroom again. Unfortunately, the Flynn case only proves he was dead wrong and things only got worse. Keep in mind both Stevens and Flynn happened on Obozo’s watch. What can Judge Sullivan do now to address the deepening fraud and corruption in DOJ? As in Stevens, he certainly isn’t going to deny the MTD but he also certainly knows that the Justice Department has a systemic problem of the first order and is rotten to the core. The question is what is the remedy to straighten out a Justice Department whose corruption is evidenced by 2000 arrogant former employees being so brazen as to publicly chastise AG Barr over his condemning outlandish prosecutorial misconduct? This is not at all a question with an easy answer. That’s what is on the mind of Judge Sullivan.
All that means is that Flynn will eventually go free. But there is no “soon” there.
Excellent post! Thank you.
We all make mistakes. His was his overconfidence that he would have the power to overcome the deep state attacks, which he knew would come. And he might have, had he waited until Trump was actually in the office. He should have never let the FBI talk to him without a lawyer present. He sidn’t think he needed one.
“In the Flynn case, nothing worked as it should have. Nothing.”
Depends on whether you’re looking at it as a D’rat/MSM minion or as a patriot.
I hope you are right. However, the media has spun this as Judge Sullivan is refusing to dismiss the case and since Flynn pled guilty, yada yada yada.
I would feel better about it had he simply asked the government to fully detail a list of the documents and evidence not turned over to the defense per his multiple discovery orders.
This amicus stuff does not apply and cannot apply to his decision for the motion after the unanimous SCOTUS ruling. So why did he go there?
This amicus stuff does not apply and cannot apply to his decision for the motion after the unanimous SCOTUS ruling. So why did he go there?
In any case, I was hoping the Judge would retain jurisdiction so he could call the prosecutors that deceived his court and defied his Brady instructions.
We don’t yet know why the judge has taken the actions he has here, but not all roads lead to doom.
This amicus stuff does not apply and cannot apply to his decision for the motion after the unanimous SCOTUS ruling. So why did he go there?
_______________________________
You’re correct, but what it will do is draw out the identities of subverters, beyond the 2000 + that have publicly signed on to criticizing AG Barr.
We don’t yet know why the judge has taken the actions he has here, but not all roads lead to doom.
I do not disagree and posted something similar yesterday. Media on the left spins their way. Media on the right spins their way.
The Judge is the only one who knows why he is doing this and the matter remains in his courtroom as the strangest case imaginable.
Based on the motion to dismiss by DOJ, with overwhelming citations of law, I am not sure how/why those who oppose this can file legally coherent amicus briefs.
Who is the real criminal here?
Outside of those who watch MSDNC and CNN, the answer is obvious.
Byron states that FBI agents have 5 days following an interview to file the FD-302. The Flynn interview was held on January 24, 2017. So, Byron in flat-out wrong when he states the FD-302 was due on February 10, 2017.
Of course, five days after January 24th would be January 29th, NOT February 10th, as York states, which is more than TWO WEEKS after the interview.
THIS IS CRIMINAL BEHAVIOR.
Yes it is. It is evidence of criminal intent on the part of the FBI, and this criminal behavior is 'standard procedure' for the FBI. That's really all you need to know about the organization. It is, and always has been, a criminal enterprise.
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