Posted on 09/10/2019 10:28:10 AM PDT by Jack Black
Former national security adviser Michael Flynn’s legal team indicated in federal court Tuesday they are seeking to have the case against him thrown out, accusing the prosecution of "egregious conduct and suppression” of possibly exculpatory evidence.
In a status conference in federal court in Washington, Flynn's lead defense attorney, Sidney Powell, said: "There never would have been a plea to begin with if the government had disclosed Brady information about what it knew before the plea agreement."
FLYNN LAWYER AT WAR WITH MUELLER TEAM
The "Brady material" complaint is in reference to the Supreme Court case Brady v. Maryland, which established the government's obligation to turn over all exculpatory evidence. The accusation came as both sides have squabbled over a sentencing date.
After months of delays, prosecutors have said they are ready to proceed to sentencing. On Tuesday, U.S. District Judge Emmet Sullivan indicated he would like to set a tentative sentencing date of Dec. 18.
"There is far more at stake here than sentencing," Powell said. "There were stunning failures to produce Brady material, going back to July of 2017."
(Excerpt) Read more at foxnews.com ...
I hope Flynn sues the government and gets a big settlement.
It’s really a tragedy that we cannot hold prosecutors criminally liable for bringing these charges against him.
I also have to ask, where’s trump? He needs to pardon Flynn NOW. Trump needs to do this otherwise no one will work for him in his administration or as a campaign official.
Hillary lies and gets off, Comey lies and gets off, Brennan, Clapper...
...meanwhile Flynn DOESN’T lie and get buried.
What a scam.
Hillary lies and gets off, Comey lies and gets off, Brennan, Clapper...
...meanwhile Flynn DOESN’T lie and get buried.
What a scam.
It's painful, but I think it's the right thing for Trump to do. Let the legal process run it's course.
It will be much more devastating to the MSM narrative if the judge throws out the guilty plea, as invalid because of of prosecutorial misconduct. Which it seems may at least be possible now because of the brilliance of Flynn's new attorney.
There is still lots of time to pardon people, but it's better if they get off on their own, which Flynn may.
Maybe this Christmas Trump will hand out some pardons and I hope Popadopolous gets one.
HIDING exculpatory evidence is a big NO NO for any prosecutor!
NO!! I want the CROOKED, CORRUPT LAWYERS sued....NOT US!! GO SYDNEY!
Much better for Flynn in the long run if the case gets tossed than a pardon...
I’ll have to politely disagree about granting a pardon, now. I think the Dem’s are salivating over that prospect.
Perhaps some of the legal folks on here can shed some more light on this whole thing. Reason being:
Flynn took a plea, which normally means you’re admitting guilt and you waive your right to appeal, right?
Now that Powell is on the case, and I’m not following this thing regularly, it seems like he was not only railroaded by Mueller/Wiseman, his own defense attorney’s threw him to the wolves.
Powell, it would appear, seems to be uncovering some legitimate misconduct on the part of the DOJ prosecutors and they’re trying to stall or not provide the documentation that Powell wants.
So....if Powell continues to chip away at this and shows that the DOJ took their corruption to a whole new level and it can be shown that they fabricated a case, entrapped him, charged him regardless of what the FBI interviewers said, etc etc....can he withdraw the plea? case be tosses? judge declare some type of prosecutorial misconduct resulting in the charges being dropped?
NO. Flynn needs to be exonerated. That can only happen in court proceedings
That's the legal system. Prosecutors have absolute immunity for charging decisions. A.B.S.O.L.U.T.E.
Nifong was sanctioned with criminal contempt, a judge-created crime, not the same as statutory crime, for withholdoing evidence and knowing the accused were innocent but running them through the wringer anyway. One day in jail.
People on the law enforcement side know that they can use the process to punishe people they don;t like, and unless they go really really overboard, there is nothing the accused can do about it. Nearly all malicious prosecution cases fail. The remedy for withholding Brady material is a new trial - which has no play in a uilty plea situation.
It’s always easy for people not going through the process to wait and see what happens.
Trump should expect very few applications from non swamp creatures for high level jobs in his administration or campaign.
Obviously, this was one of the reasons to charge Flynn and other anti-establishment figures. If Flynn was a swampy guy and buddies with people like Al brennan, comey and clapper, he wouldn’t be in this predicament.
I wouldn’t think that a Flynn pardon immunizes the prosecution from prosecutorial abuse charges or civil penalties. In fact, the reason to use a pardon is for cases like his.
If I understand it correctly, if the judge decides the govt acted in ‘bad faith’ Flynn can claim all his attorney’s fees.
And I hope he gets them.
But since it’s the taxpayers who will pay then, I hope the lawyers are all fired and disbarred.
Acting in ‘bad faith’ and especially withholding exculpatory evidence should be automatic disbarment.
Yes. Exactly. Here is the famous Sen. Stephens case where the same judge through out the charges after the conviction when he learned the extent of the prosecutorial misconduct by the government.
Here is an article from the LA Times about the events in the Stephens case: Ted Stevens’ charges dismissed as judge excoriates prosecutors
Notice how Trump's guys were pushed to leftie lawyers? Cohen going to Lanny Davis, for example, who scr#wed Cohen.
The insiders get into people's ears and give them bad advice.
And I just read that nothing happened to the prosecutors in the case. They were given some light suspensions, but challenged them and some administrative judge ruled in their favor. Effin’ amazing, what these people do and get away with.
I would imagine, especially if you’re on trial in the DC or NYC area, about the only thing you’re going to get are Leftie lawyers. They all hate the President with a passion and could care less about their clients.
Clients go down in flames....shoulder shrug and “Sorry, we did the best we could, but they had too much evidence and the ability to drag this out forever and you don’t have that kind of money. And to be honest, we were hoping that you’d roll over on the President because we really don’t like him.”
The juries have to be a real problem too. Imagine putting anyone associated with Trump on trial in DC. Remember the Scooter Libby fiasco?
This is a real problem that U.S.Attorney's will have if they every try to indict anyone for Spygate. If it's done in D.C. jury nullification (for someone like Clapper or Comey) is almost assured.
Just asking. I mean to all who are paying attention what the federal prosecutors have been trying to do is pretty obvious.
Members of the DOJ should go to jail for this.
Personally, I have gotten to the point where I have almost stopped reading these reports on this case. By the time Flynn is sentenced it will be nearly TWO YEARS since his guilty plea. This tells me one or more of the following are true:
1. There's a lot more to this story than we've seen in any media reports.
2. Flynn is a moron.
3. Flynn was a Democrat/GOPe mole in the Trump campaign from the start.
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