Von Spakovsky & Malcolm: Flynn judge disagrees with own rulings by letting outsiders fight dropping charges [Good read]

Fox News ^ | May 13, 2020 | Hans A. von Spakovsky, John Malcolm

[jazusamo]

Excellent article, worth reading it all.

This piece gets into the law on why judge Sullivan is doing what he is and also that the DC District Appeals Court probably won't agree with him.

[justme4now]

Dershowitz: Judge should dismiss Flynn case or be impeached

“If this judge has the gall to not throw this out, he ought to be impeached.

Remember that judges only have jurisdiction for cases and controversies,” Dershowitz said.

“There’s no controversy here.

Both sides agree this case should be dismissed.

This judge has no power to do anything else. And if he asserts that power, he has violated the Constitution.”

https://www.wnd.com/2020/05/dershowitz-judge-dismiss-flynn-case-impeached/

[rbg81]

My take: Someone very (very) high up is desperate to keep Flynn from talking.

[euclid216]

I agree 100%. If the Judge wants to disprove this, he should remove the GAG order immediately!

[Widget Jr]

Ping.

More information. Sullivan's decision on amicus looks like it contradict his past rulings.
United States v. FLYNN (1:17-cr-00232) Dec. 17, 2017 in particular.
Current DC Court rules LocalRulesJanuary_2019.pdf if interested.

[euclid216]

As someone correctly pointed out, Obama let slip that Flynn committed perjury. Most people jumped on that commit, correctly pointing out the Flynn was not charged with perjury.

Well, surprise, surprise. As part of Sullivan’s order, he asked this judge to look into perjury charges on Flynn. The pretzel logic is this: When Flynn swore under oath that he lied to FBI, when in fact he didn’t lie, then he committed perjury.

This is clearly a coordinated effort that includes both Obama and Sullivan. Most likely the Lawfare group is leading this.

[Williams]

Yes the request that the extra judge argue that Flynn committed perjury and should be held in contempt is particularly outrageous. Flynn is trying to withdraw his guilty plea because he’s innocent. To find him guilty of a crime for having pled guilty when he was really innocent, is just twisted.

Once again, all kinds of technical “crimes” that no reasonable judge or prosecutor would ever pursue.

[Fido969]

Sullivan is pulling this kamakaze move because he was given an offer he couldn’t refuse.

[Alberta's Child]

One of the convoluted legal problems here is that most of the court rulings cited on Flynn's behalf -- including the remarkable 9-0 decision by the U.S. Supreme Court just within the last week -- involve cases that actually go to trial.

I'm not sure what the legal ramifications are, but this case is very different because there was no trial.

[Alberta's Child]

As I posted on another thread, Flynn signed his plea agreement under penalty of perjury.

I wish Flynn well, but I've been saying for months that he's facing a serious legal quandary of his own making.

[jazusamo]

Thanks, I’ve thought about that also and have no idea if that will affect this.

[pierrem15]

How much of those billions in Iran funding found their way into Sullivan’s pockets?

[jazusamo]

.

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[pierrem15]

If the plea was extorted by threatening Flynn with indicting his son (as his lawyer has alleged), it's not worth the paper it's written on.

My guess that this rigmarole is an attempt to prevent any hearings on the wrongdoing Flynn's lawyers and the DOJ document releases have brought to light, at least until after the election. If Biden wins, all of it will be deep-sixed.

[Flick Lives]

To find him guilty of a crime for having pled guilty when he was really innocent, is just twisted.

—

So the corrupt FBI beats a false confession out of someone, then when they recant the false confession, the court charges them with perjury. Kafkaesque.

[Alberta's Child]

If the plea was extorted by threatening Flynn with indicting his son (as his lawyer has alleged), it's not worth the paper it's written on.

Do you have a legal citation to support this? Every plea deal in a criminal case is signed under the threat of more serious charges, isn't it?

Couldn't the defendant who pleads guilty to manslaughter to avoid a murder charge say the same thing? "This was extortion. I was under duress when I signed that plea deal."

[JeanLM]

Isn’t every guilty plea bargain of an innocent person perjury by this logic?

[Petrosius]

Couldn't the defendant who pleads guilty to manslaughter to avoid a murder charge say the same thing? "This was extortion. I was under duress when I signed that plea deal."

False analogy. If a defendant were to were allowed to withdraw a guilty plea to manslaughter in a plea agreement, then the prosecution would be allowed to return to the original charge of murder. In this case the DOJ does not want to bring any charges. A judges role is to mediate disputes between litigants. Here there is no dispute; they both want the case dismissed.

[DUMBGRUNT]

Someone very (very) high up is desperate to keep Flynn from talking.

And drag it out until after the election.