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Judge (Sullivan) Asks Court Not to ‘Short Circuit’ His Review of Flynn Case
NY Times ^
| 6/01/20
| Charlie Savage
Posted on 06/01/2020 3:44:33 PM PDT by Libloather
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To: Lurking Libertarian
41
posted on
06/01/2020 5:24:48 PM PDT
by
Scram1
To: Lurking Libertarian
So if Sullivan doesn’t give them permission to drop the case, what can he do?
How can he force the DOJ to prosecute the case?
Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?
42
posted on
06/01/2020 6:02:59 PM PDT
by
chaosagent
(Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
To: Gay State Conservative
.hell be the first Federal judge to serve both as judge and prosecutor. Don't ignore Judge Parker.
43
posted on
06/01/2020 6:10:29 PM PDT
by
itsahoot
(Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
44
posted on
06/01/2020 6:13:13 PM PDT
by
SunkenCiv
(Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
To: AndyJackson
Yep. Sullivan his behind a rich white woman to try to protect himself.
Too ignorant to write his own response based on law.
45
posted on
06/01/2020 6:17:27 PM PDT
by
tennmountainman
(The Liberals Are Baby Killers)
To: BOBWADE
BARRY SORTORO - JOHN ROBERTS - THE RULE OF LAW IS BREAKING DOWN IN TOO MANY WAYS IN AMERICA! - CIVIL WAR II
46
posted on
06/01/2020 8:11:14 PM PDT
by
ldish
(2020 Election will determind if USA remains a Consitutional Republic!)
To: Libloather
Sullivan should be put in a straitjacket at once. He is insane.
To: chaosagent
"Can he, in essence, prosecute it himself, by just declaring Flynn guilty and sentencing him?" Evidently the DOJ railroaded Flynn and got him to plead guilty through coercion by threatening to prosecute Flynn's son.
Then Flynn, under penalty of perjury, made statements admitting his guilt. Sullivan could consider contempt of court or refer him to DOJ for perjury charges. The latter won't work but the former might.
The real question might be "what will Sullivan do about the DOJ misconduct?" The appeals court might order a new trial for Flynn, followed almost instantly by the DOJ dismissing charges before a different judge.
To: Libloather
abruptly deciding to end the case against President Trumps former national security adviser Michael T. Flynn was so unusual that it raised a plausible question about the legitimacy of the move,
It would, except that it is well-explained in the filing documents the DoJ submitted to the Judge.
49
posted on
06/02/2020 5:32:14 AM PDT
by
lepton
("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
To: Lurking Libertarian
So Sullivan’s permission is required to drop the charges. His grounds for refusing permission, if he does, may be reviewed on appeal, but the rule certainly gives him some kind of role.
That’s always been taken as perfunctory - a requirement that the judge has to be officially informed, and administratively processed. His role is to sign off that he’s been notified, and process the paperwork necessary to close the case.
50
posted on
06/02/2020 5:35:29 AM PDT
by
lepton
("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
To: Libloather
The judge has no argument that’s why the DC circuit court demanded an explanation from him.
51
posted on
06/02/2020 7:46:34 AM PDT
by
Georgia Girl 2
(The only purpose of a pistol is to fight neiyour way back to the rifle you should never have dropped)
To: William Tell
I understand how Flynn got there.
So if a person pleads guilty because of a gun held to his head, literally or figuratively, and then he is later found to be innocent of the charges, he can be prosecuted for perjury because he pled guilty initially?
52
posted on
06/02/2020 10:56:55 AM PDT
by
chaosagent
(Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
To: Lurking Libertarian
Prior decisions have restricted the “leave of the court” to preventing the prosecution from charging, dismissing, recharging, etc. The dismissal sought is with prejudice - meaning Flynn cannot be recharged - and was motioned for due to prosecutorial malfeasance as identified by the DOJ’s independent reviewer.
Sullivan’s role is to protect the defendant from further abuse. He has no reason and no leeway on this matter.
53
posted on
06/02/2020 11:04:25 AM PDT
by
MortMan
(Shouldn't "palindrome" read the same forward and backward?)
To: chaosagent
I believe that Flynn was entitled to plead
nolo contendere which means that he does not intend to contest the charge but also is not admitting guilt. Id be pretty confident that the prosecutors wouldnt permit that but instead insisted on the guilty plea, knowing that they had coerced that plea.
This behavior ought to result in prison for the prosecutors. They basically suborned perjury through coercion.
To: Libloather
The Justice Departments conduct in abruptly deciding to end the case against President Trumps former national security adviser Michael T. Flynn Abruptly? As though all of those documents that have been getting released and the information contained therein did not occur?
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