Federal judge suggests Flynn testify under oath to withdraw guilty plea

WASHINGTON TIMES ^ | 1/24/2020 | Jeff mordock

[bitt]

A federal judge Friday suggested that former national security advisor Michael Flynn may need to testify under oath in order to withdraw his guilty plea for lying to investigators in the Russia probe.

U.S. District Judge Emmet Sullivan in Washington wrote in a brief order that Flynn’s legal team should file paperwork on whether he should hold a hearing on to set aside his guilty plea.

Such a hearing would include “testimony from Mr. Flynn and other witnesses under oath, subject to cross-examination, to show any ‘fair and just reason’ for this court to grant his motion to withdraw.

The first set of briefs from Flynn’s legal team on the issue are due January 29, according to Judge Sullivan’s order.

Flynn is currently scheduled to be sentenced on February 27. He faces between zero and six months in jail, which is the range prosecutors are seeking. Flynn’s lawyers have urged Judge Sullivan to sentence him to probation.

[AnthonySoprano]

‘
YES!

‘

[lurk]

An odd request by the judge. My answer to every question would be What was my previous answer.

[Paladin2]

I head that Vindman is Schiff’s wife...

[Paladin2]

I heard that Vindman is Schiff’s wife...

[WASCWatch]

Actually it is illegal to make those types of threats in an attempt to get a guilty plea. Sidney Powell has this under control. If Flynn testifies as you why he was coerced into a guilty plea, the prosecutors and Flynn’s former attorneys may also be forced to testify. If so, you can bet Powell will not go easy on them.

[Beagle8U]

Such a punchable face.

[ptsal]

Where is Special Agent Joe_P hiding these days?

[SunkenCiv]

Turning a corner?

[Kickass Conservative]

You cannot he forced to Testify in your own Defense.

[Attention Surplus Disorder]

I do not think he should testify. At all. Sidney Powell’s case on the appeal specifies procedural or other technical error. That is the proper approach as I understand it.

IANAL, but generically, no new evidence is supposed to be presented on an appeal. I don’t think many people realize that. There isn’t this new opportunity to go gather previously undiscovered evidence. There isn’t a new investigatory phase. The appeal is supposed to detail how the already-there evidence (from the first trial) was mis-whatever’ed. Either exculpatory evidence was withheld, or mishandled, or misinterpreted. Or both sides made a mistake. Or an incorrect legal precedent was applied because a salient piece of information was suppressed for whatever reason, inadvertent or deliberate, during the first trial. Some technical error.

That’s my understanding of what an appeal is. I welcome correction if I’m wrong. But if that is the case, there is zero need for further testimony from Flynn and indeed, there is plenty of reason to believe that if there was new Flynn testimony, the gov’t would re-assert some kind of perjury based upon some trivial difference between his earlier and (new) testimony that might arise.

[datricker]

I’ve thought I’ve followed this somewhat closely but at this point I’m beginning to wonder if general Flynn and his lawyer are guilty and stupid or just stupid. Either way our legal system is garbage. This case should have been ajudacated over a year ago. Note to self don’t plead guilty when innocent. Also don’t take lobbying gigs from Turkish groups fronting for groups listed on USA bad guy list. Why is this aspect never discussed? Maybe it’s just to convoluted to untangle in meaningful way other than general Flynn made it easy for enemies of the president by trying to monetize some of that generaling experience on k street. Like a Democrat general might do like say Wesley Clark. All we ever get is they threatened his son at this point I’m pretty sure we ain’t getting the whole story

[Kozy]

Have the judge submit his questions in writing and Gen. Flynn will response in kind.

[stylin19a]

He faces between zero and six months in jail, which is the range prosecutors are seeking.

Prosecutors originally recommended no prison time a year ago. Now they want prison time.
Judge is not bound by any sentencing recommendation.

7. Court Not Bound by this Agreement or the Sentencing Guidelines

Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. § 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Court.
Your client acknowledges that the Court is not obligated to follow any recommendation of the Government at the time of sentencing or to grant a downward departure based on your client's substantial assistance to the Government, even if the Government files a motion pursuant to Section 5K 1.1 of the Sentencing Guidelines.
Your client understands that neither the Government's recommendation nor the Sentencing Guidelines are binding on the Court.
Your client acknowledges that your client's entry of a guilty plea to the charged offense authorizes the Court to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range.
The Government cannot, and does not, make any promise or representation as to what sentence your client will receive.
Moreover, it is understood that your client will have no right to withdraw your client's plea of guilty should the Court impose a sentence that is outside the Guidelines range or if the Court does not follow the Government's sentencing recommendation.
The Government and your client will be bound by this Agreement, regardless of the sentence imposed by the Court.
Any effort by your client to withdraw the guilty plea because of the length of the sentence shall constitute a breach of this Agreement

[Gene Eric]

>> That’s my understanding of what an appeal is

You’ve raised concerns that I’m not familiar with, so I’ll defer to your insights.

I can only hope that Flynn is getting the representation that he deserves.

This peeling back of the Deep State subversion is revealing practices that are nothing short of horrifying. And I’m guessing the Deep State believes it’s perfectly normal if not commendable.

[SkyPilot]

Prosecutors Ask That Michael Flynn Get Prison Time

So who are these "prosecutors"?

From the article:

Federal prosecutors recommended on Tuesday that President Trump’s former national security adviser Michael T. Flynn be sentenced to up to six months in prison for lying to investigators in the Russia inquiry...

Oh?

So who do these "Federal Prosecutors" and the Asst US Attorney who has led the persecution of General Flynn work for?

This guy.

[SkyPilot]

Actually it is illegal to make those types of threats in an attempt to get a guilty plea.

It's done every single day.

DOJ veteran and Mueller "bull dog" has been doing it for decades.

Ask the executives at Enron who had their cases thrown out what Federal prosecutors (including Weissmann) did to their wives and children.

Ask the families of innocent Merrill Lynch execs who were thrown into solitary confinement, about how Weissmann put them through a decade of "pure hell."

At Least Five Times Dirty Cop Mueller and His Deputy Andrew Weissmann Created Crimes to Indict Thousands of Innocent Individuals and Companies

Or to employees of Arthur Anderson.

Mueller deputy Andrew Weissmann has a reputation for hard-charging tactics — and sometimes going too far

There really is no "too far" for Department of Injustice thugs.

People gossip and complain, but they are never held accountable. They themselves never go to jail.

They can ruin and bankrupt you and your family, simply through the process of "justice."

Why Andrew Weissmann Is So Despised

In spite of all these questionable actions, Weissmann never was called to account, as far as the public knows. I have no way of determining if he only bent rules or broke them, or acted unethically. But he certainly ruined many lives, multiple times, and has never been held to account. For those of you who practice law, is there no recourse? Is there a chance that AG Barr will discover that Weissmann broke the law? If so, will Barr take action against Weissmann, now that he has left the government?

Nope, not a chance.

[ground_fog]

Flynn could have done a couple of days and got pardoned later. He did some shady stuff and they will bring the hammer with more serious charges now if this not guilty plea is allowed. Remember they have some more stuff on him.

Take your medicine Flynn. You are harming the President with your kicking and screaming.

[SkyPilot]

He did some shady stuff and they will bring the hammer with more serious charges now if this not guilty plea is allowed. Remember they have some more stuff on him.

Please elucidate the "shady stuff" he did. Details would help. Rumors and baseless accusations from left wing media don't count.

[Gratia]

What the judge is suggesting is not out of the ordinary, unjust or punitive, it is what can/should happen when a defendant asks to withdraw a guilty plea.

This is 100% Powell’s fault. She has placed Flynn in the worst position possible, and it was all unnecessary. It was worse than unnecessary, it was utterly incompetent legal advice.

Powell is getting a free pass from many, many people, but these people should understand, when they cheer on Powell they are hurting Flynn, and only helping Powell cover up her disastrous representation.

[Gratia]

Just a thought after reading this thread and many others like it.

Why do folks post legal analysis when they do not have the faintest idea what they are talking about?