There are some unreported problems with the plea that this judge points out. When entering a guilty plea in Federal Ct. the party/defendant is sworn and then under oath admits guilt along with facts that support the plea of guilty. Flynn, under oath and with facts, admitted guilt. You are also asked if anyone or anything coerced this plea. Flynn said no. As I state this, please be aware that it is difficult to change a guilty plea. There were obvious shenanigans in this court. Shouldn’t the court get down to the reasons? The gov just asking for it to go away is not always sufficient.
Yet, the record shows it was coerced. It was the subject of a side agreement, which is prohibited. At minimum, his former attorneys committed a fraud upon the court, as did Mueller's prosecutor...who also certified to the Court there were no side agreements...IE, if Flynn pled guilty, his son wouldn't be pursued. The original trial judge was removed, provably because of bias.
This 'guilty plea' is going nowhere; just a question of how high it goes before it's stomped out. Because of his indifference to these facts, Sullivan is displaying incompetence or bias. Which do you think it is?
Actually it is. There is ample case law on that topic and it all supports the unfettered right of the government to end the case at any time they want to.
The federal courts lack the ability to compel the executive branch to litigate any particular matter.
Perjury as an offense also requires charging and prosecution by the executive branch, not the courts by themselves.
Judge Sullivan has tried to argue that he can charge Mr. Flynn with contempt, but the DOJ has briefed against that position, and it makes sense. Were Judge Sullivan to in effect charge Mr. Flynn with perjury then he can no longer rule on the case since he has become the prosecuting party.
Look, Oystir, if you say ANYTHING different than what was agreed to in the plea bargain, the plea bargain is null and void. GET IT???? That is a REQUIRED PART OF THE PLEA BARGAIN! He cannot state anything different in court than what the prosecutors tell him to say. GET IT?????
NOW get a brain.