“It is unprecedented for an acting U.S. Attorney to contradict the solemn representations that career prosecutors made time and again, and undermine the district court’s legal and factual findings, in moving on his own to dismiss the charge years after two district Federal judges accepted the defendant’s plea.”
Yes, it’s unprecedented but the actual facts that have come to light are why the charges are being dismissed.
I doubt if it is “unprecedented”.
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
I've heard that somewhere not all too long ago.
Oh, yes, from Barry's lips in an under-the-influence stupor on a conference call!
Yet, the NYT heartily quoted Barry, repeating that 'unprecedented' claim, which there again, we knew to be hokum.
Yes, it looks like Sullivan has been made to swallow.