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Ex-judge says push to dismiss Flynn case is abuse of power
The Associated Press ^ | June 10, 2020 | By MICHAEL BALSAMO and COLLEEN LONG

Posted on 06/10/2020 12:54:26 PM PDT by Oldeconomybuyer

WASHINGTON -- A former federal judge appointed to review the Justice Department’s motion to dismiss criminal charges against President Donald Trump’s former national security adviser Michael Flynn said there was evidence of a “gross abuse” of prosecutorial power and that the request should be denied.

Former U.S. District Judge John Gleeson said in a filing Wednesday that the government “has engaged in highly irregular conduct to benefit a political ally of the President.” He urged the judge handling the case to deny the motion and argued that Flynn had committed perjury.

Gleeson slammed the Justice Department’s motion to dismiss the case, saying the arguments from prosecutors were “riddled” with legal errors.

“The Government’s ostensible grounds for seeking dismissal are conclusively disproven by its own briefs filed earlier in this very proceeding,” Gleeson wrote. “They contradict and ignore this Court’s prior orders, which constitute law of the case. They are riddled with inexplicable and elementary errors of law and fact. And they depart from positions that the Government has taken in other cases.”

Sullivan also asked Gleeson to explore whether he should hold Flynn in “criminal contempt for perjury.”

In the filing, Gleeson said it was clear that Flynn had committed perjury and should be punished but that it should be a factor considered at his sentencing, as opposed to additional charges being brought against him.

“This approach - rather than a separate prosecution for perjury or contempt - aligns with the Court’s intent to treat this case, and this Defendant, in the same way it would any other,” Gleeson wrote.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: crossfirehurricane; election2020; fisa; flynn; flynnissafe; kabukitheater; patriotsincontrol; trusttheplan
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To: 2banana

Oral arguments Friday. Don’t know how long after that for a Circuit Court Judgement. Expect judgement to go in Flynn’s favor and then Sullivan will file appeal for a hearing before the full DC Circuit Panel. That will probably result in another two to three weeks delay which is the objective of this whole thing. If they lose that, they will appeal to the Supreme Court. Expect this thing to drag on through August and perhaps longer.


21 posted on 06/10/2020 1:08:41 PM PDT by Old Retired Army Guy
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To: Oldeconomybuyer

CBS, NBC, ABC, CNN, MSNBC...and FOX all needed a lead story tonight!


22 posted on 06/10/2020 1:09:10 PM PDT by MCEscherHammer
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To: Oldeconomybuyer

And we see how the narrative is shaped. THe judge appoints a “special counsel” who happens to be an ex-judge, and now the news pretends that this is a comment from a judicial review, and not a partisan argument by a prosecutor.


23 posted on 06/10/2020 1:09:36 PM PDT by CharlesWayneCT
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To: Oldeconomybuyer
Former U.S. District Judge John Gleeson said in a filing Wednesday that the government “has engaged in highly irregular conduct to benefit a political ally of the President.”

Are you freaking kidding me? Talk about opposite day.

24 posted on 06/10/2020 1:11:08 PM PDT by Republican Wildcat
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To: TBP

This Gleeson is one sick puppy.


25 posted on 06/10/2020 1:13:58 PM PDT by timestax
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To: Oldeconomybuyer

and what makes this former judge God, King and Emperor, all in 1?

Law? Justice? and the pursuit thereof? maybe even the truth? (/suppressed guffaw)


26 posted on 06/10/2020 1:14:37 PM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: lastchance

So a rat hack Judge gets a F’n retired rat hack to Judge to back his lawless action. Yeah Roberts all judges are “just judges”


27 posted on 06/10/2020 1:19:49 PM PDT by gibsonguy
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To: Oldeconomybuyer

Judgie’s doing his very best against all America stands for.


28 posted on 06/10/2020 1:21:04 PM PDT by treetopsandroofs
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To: 2banana

This is how the old Soviet system went about jurisprudence.


29 posted on 06/10/2020 1:24:01 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: Republican Wildcat
Those DemoncRATic so called judges sure know how to project.

democrat-Projection

30 posted on 06/10/2020 1:24:41 PM PDT by timestax
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To: Corporate Law

ping


31 posted on 06/10/2020 1:25:42 PM PDT by timestax
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To: ATOMIC_PUNK

ping


32 posted on 06/10/2020 1:26:13 PM PDT by timestax
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To: Oldeconomybuyer

SIC SEMPER TYRANNIS


33 posted on 06/10/2020 1:31:30 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Oldeconomybuyer

Sullivan looking for cover from Gleeson...


34 posted on 06/10/2020 1:33:55 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Oldeconomybuyer

As I expected, the goal for Sullivan is to turn the Flynn case into an investigation of Trump.


35 posted on 06/10/2020 1:38:10 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: Oldeconomybuyer

The Judge deliberately overlooking proven malfeasance on the part of prosecutors in the case is abuse of power.


36 posted on 06/10/2020 1:40:32 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: Oldeconomybuyer

This judge needs to be removed from the bench.Whats taking so long?


37 posted on 06/10/2020 1:46:55 PM PDT by puppypusher ( The world is going to the dogs.)
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To: Oldeconomybuyer

Has Flynn ever stated that he plead guilty under duress? It would seem to me, a non-lawyer, that anything said in court under duress is cause for dismissal.


38 posted on 06/10/2020 1:48:27 PM PDT by NTHockey (My rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: NTHockey
During a court sentencing hearing, Judge Emmet Sullivan blasted Flynn, particularly for acting as an unregistered foreign agent for Turkey, saying, “Arguably, you sold your country out,” even though that was never a charge filed against LTG Flynn.

Sullivan then asked Prosecutor van Grack whether Special Counsel Mueller's Office had considered charging Flynn with treason. That would easily induce stress for almost anyone. Any decision Flynn would have made in that context would inherently have to be considered "under duress."

Although Sullivan backtracked from his statement, the damage had already been done. One could easily argue Sullivan should have been forced to recuse and that the hearing should be redone with a different judge. The way it was left, however, did put another arrow into Powell's quiver to seek Sullivan's recusal and have the case against Flynn vacated, the latter of which was so far done by the DOJ.

39 posted on 06/10/2020 2:21:34 PM PDT by rx (Truth will out!)
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To: _longranger81

Withholding exculpatory evidence is not only prosecutorial misconduct, it is a very serious felony.


40 posted on 06/10/2020 2:45:55 PM PDT by WASCWatch
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