Posted on 06/01/2020 1:46:59 PM PDT by Jack Black
Judge Emmet Sullivan defended his decision to appoint an outside lawyer to review the Michael Flynn case in a filing with a federal appeals court Monday.
Read the filing here:
(Excerpt) Read more at lawandcrime.com ...
But it’s not unprecedented. Prosecutors drop or reduce charges across the country every day. This is legal poppycock, just as the opening statement that it ls “unprecedented” for a defendant to change or withdraw his/her plea. This also happens in due course in courts across the land. It would be unprecedented if NO ONE EVER sought to withdraw a plea.
The “with leave of court” language implies that the court has ab overriding jurisdiction within the bounds of law. But there is no leave within federal rules of sentencing, when prosecutors and defense are in curiea on dismissing a case. The Flynn case is not merely about dropping charges - it’s about outright dismissal, warranted as we now know by a pattern of malicious intent at the FBI
The way the courts have been behaving of late...I doubt it! They’ll just give Sullivan more time to keep Flynn crucified on the cross a little bit longer! That’s how I see it! Poor guy...so close yet so far. I hope after this is over he sues the crap out of ALL OF THEM!!! Can this idiot be sued too?
This is their first argument which claims that the Chain of Command of the DOJ, including the Attorney General of the United States, cannot overrule career prosecutors (read: Deep State operatives). This is nonsense.
The rest of their argument tries to throw manure into this dumpster fire by citing precedence that have all been rendered moot by the recent unanamous decision of the Supreme Court. Judges have been commandeering the powers of the Executive to serve as prosecutors, judge, and jurors to advance their political agenda. Madison in Federalist 47 said that this would lead to tyranny which is exactly what is going on.
The Circuit Court is not going to buy this.
The judge is trying to keep the Flynn case going because anti-Trumpers want no news stories verifying how any of Trump’s associates were treated unfairly, and outright railroaded by high government officials. No stories that show Trump associates were wronged, and were innocent of wrongdoing.
If that happened, then the whole Russia Hoax scam would start unraveling even more than it has already, with the 2020 elections getting closer and closer. Can’t have that.
I’m not a lawyer, so I don’t know what it all really means, but it seems to me that Judge Sullivan is saying that he hasn’t made a decision yet, so they shouldn’t force him to right now. And Flynn would still have a right to appeal.
The judge needs to get ready for a big slap down.
Hopefully the appeals court tells Judge Sullivan to go screw himself.
I don't think that its fluff, but it is mostly nonsense, citing moot precendents and making fantasy opinions on the meaning of the famous Rule 48. The argument on the rule that cites that "The leave of Court" is required before the DOJ can drop the charge twists the meaning. The "leave of the court" is intended to protect the defendant from rogue prosectutors, not to enable prosecutors or judges to continue a travesty of justice.
Bookmark
Nine pages until he finally has some text, and that’s his opening? It’s “unusual”? I wish the Appellate Circuit luck, but I am not going any further reading this giant brain fart of a brief.
thanks for the info
In other words, he's implying the circuit court has their knee on his neck.
But they were part of his plea agreement and they weren't addressed by the DOJ when they petitioned to drop the charges.
I think the Turkey issue is one of the more interesting aspects of this.
pretty soon the Judge will have a book ready for publication, with glowing reviews and promotion by the FakeNewsMSM:
Another embarrassing day in court for Michael Flynn
In a 92-page ruling, Sullivan accuses Flynn’s legal team of what is
WaPo -16 Dec 2019
Judge Rejects Michael Flynn’s Claims in His Attacks on
The 92-page ruling by Judge Emmet G. Sullivan also effectively ended Mr. Flynn’s hopes that the judge would toss his conviction as
NYT - 16 Dec 2019
Flynn set for Jan. 28 sentencing after judge rejects claims ex...
The blistering, 92-page opinion from U.S. District Court Judge Emmet Sullivan is a complete strikeout for Flynn’s new legal team
Politico - 16 Dec 2019
Judge rejects Michael Flynn’s attacks on the FBI
But in a 92-page ruling, U.S. District Judge Emmet Sullivan ruled against Flynn, offering a point by point rebuttal of his arguments to force
NBC News - 16 Dec 2019
Judge rejects claims by Trump ex-adviser Flynn of ...
Sullivan’s 92-page ruling represented a major blow to Flynn, who has tried to ...
Reuters - 16 Dec 2019
The FARA paperwork requirements were pretty much ignored at the time that Flynn and son were acting as helpers for Turkey. Since then the legal system has tightened up enforcement a bit, but the point remains that tons of people are working to lobby in Washington on behalf of other countries.
And many of them do it under the table and it’s never obvious.
Sydney has 7 days to file a Reply brief to Sullivan.
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