Posted on 02/19/2018 7:49:52 PM PST by aimhigh
A federal judge has issued an updated standing order in the case of U.S. v. Flynn, suggesting that Special Counsel Robert Mueller's team may have withheld exculpatory evidence in prosecuting former national security adviser Michael Flynn.
Judge Emmet G. Sullivan, United States district judge for the District of Columbia, on Friday issued what is called the “Brady rule," which requires the prosecution to turn over "any exculpatory evidence" to the defendant in a criminal case, meaning Mueller must provide Flynn with all information that is favorable to his defense.
(Excerpt) Read more at pjmedia.com ...
McCabe altered Strzok’s form 302 from his Flynn interview, and Mueller knew it..
Mueller got dinged.
Prosecutors love plea bargain deals because they don’t have to prove guilt beyond a reasonable doubt.
Defendants take them because of the personal, legal and financial expense of a long trial - and if you lose, your punishment is worse than if you took a plea.
Flynn is not looking forward to a long trial unless he is certain he could be acquitted.
Not getting my hopes up
Flynn charges will be dropped. That’s when all of this mess will hit the fan and turn on Mueller. Can’t wait for the spin of the co-conspirators in MSM
This is the one judge who has the guts to blow this whole thing up. He crushed the government in the Stevens case.
Yep, Flynn will withdraw his guilty plea and it will be the beginning of the end for Mueller.
It’s not already against the law to provide everything?
I believe this to be real. Judge Sullivan asked for all possible exculpatory evidence whether Mueller and his team believe it relevant or not and he himself will determine whether it’s relevant or not. Mueller can’t escape; if he tried to withhold evidence then somebody, even if it’s one person will leaked what’s out there and then Mueller will be forced to leave for hiding evidence against a Judges order and that’s before his chances of trying to draw up Obstruction of Justice against Trump. Mueller might as well try to take the lumps of Flynn charges being dropped and see where it goes than to risk it ALL to have his cake and eat it too
Prosecutors are supposed to do this anyway. If the judge had to order it done, there’s a serious concern the prosecutor is not proceeding in a proper manner. This bears watching - any more krap and the court could easily throw the case out ( and punish the prosecution).
I wonder if that includes Comey’s sworn testimony that the FBI had found he didn’t lie.
Can you be acquitted after a guilty plea?
Ignorance of the law is no defense unless you are a Federal prosecutor. More corrupt deep state swamp.
Thank you, Judge Sullivan.
It’s not already against the law to provide everything?
But the Supreme Court ruled that prosecutors have near absolute immunity, and judges were loathe to hold them to account.
Federal prosecutors really got out of hand. Many cite the case against Senator Stevens as a beginning, but it started quite a while before then.
The prosecutors focused on getting convictions, often for political gain, instead of fostering justice, as is their first purpose. It is as important for a prosecutor to *not* prosecute as it is to prosecute.
But with the explosion of vague federal criminal laws, nearly everyone can be found guilty of something. So *going after the man* instead of prosecuting a crime, became what many prosecutors did.
Judge Sullivan has become one of the few judges to make it his mission to reign in prosecutorial power about witholding Brady material.
McCabe altered Strzok’s form 302 from his Flynn interview, and Mueller knew it..
—
I’m not a lawyer, but wouldn’t that make McCabe’s action the actual crime?
Flynn may decide it is not in his interest to contest the plea bargain, particularly if the understanding is that he would receive no prison time, and considering the cost of further legal fees and expenses.
Mueller gets a scalp close to Trump, Flynn protects his son from prosecution, and no jail time.
If Flynn were to manage to void the plea agreement based on new exculpatory evidence, such as doctored FBI 302 forms, he goes back to ground zero with respect to the exposure of his son to prosecutors and is still penniless from his legal bills.
If Flynn wants to fight it, the best move for Flynn may be to sue McCabe, if indeed there is evidence McCabe doctored the relevant 302s, for money damages under the federal constitutional tort of deprivation of rights under color of law. He can’t sue the dirtbag Weissman for using the doctored 302s because of prosecutorial immunity. But he can sue McCabe.
If he can demonstrate the causality between the doctored 302s and the investigation of him by the Special Counsel, perhaps he can recover his legal fees from McCabe. I hear McCabe’s wife was given a lot of money by Team Hillary for her state senate campaign; perhaps there is some of that stash left over to go after.
He could also try a frontal attack on the validity of the Special Counsel appointment. For example, the Special Counsel arguably is a de facto US Attorney, but was never confirmed by the Senate. If successful, this might save his son, unless someone else in the DOJ not in the Special Counsel’s office decided to go after his son for spite.
Every day Mueller proceeds, he further destroys his reputation for history.
He’s another dumb-ass, who ultimately takes a fall for the Clintons. Will these people never learn?
Flynn’s plea will be voided in my opinion. The interviewers didn’t believe he lied to them and if the rumors is true that McCabe ordered 302s to be altered then all there is left is that Mueller team put great pressure on Flynn to confess to lying based off of altered documentation and threats to imprison his son on top of the financial cost to him. The IG report will come out and point this out apparently and then the charges against McCabe will be brought around the same time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.