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To: semimojo
The Fokker case provides no wiggle room. The Court held: "[T]he `leave of court' authority gives no power to a district court to deny a prosecutor's Rule 48(a) motion to dismiss charges based on a disagreement with the prosecution's exercise of charging authority.

There is no final judgment in this case which is why Sullivan still has jurisdiction. DOJ moved to dismiss under Rule 48. Sullivan has no authority to deny.

105 posted on 05/13/2020 8:57:57 PM PDT by AndyJackson
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To: AndyJackson
Sullivan has no authority to deny.

Well, I guess that settles it.

106 posted on 05/13/2020 9:26:18 PM PDT by semimojo
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To: AndyJackson

And thank you again.


112 posted on 05/13/2020 10:38:22 PM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: AndyJackson

Word is Sullivan will accept amici before ruling on Flynn motion to oppose, why?

If he rules first on the motion to oppose amici by Attorney Powell, then his own words written previously by him and included by Powell in Flynn’s motion to oppose will come back to haunt him, such words to wit, “amici has no place in this courtroom, no place in this case.”

If he hears amici, his prior words are rendered moot.

I don’t sense he’s all that smart. I sense someone is pulling his strings.

But it looks like Fokker has him pegged to be halted.

However, how long can he put the Flynn motion to oppose on hold?

Seems Powell can use a court rule that unopposed motions must be ruled on within a week or something, and take that to the DC Court of Appeals if he’s not timely or appeal when he denies the motion.

The aim must be to leave his Gag Order in place as long as possible. If he is allowed to speak and return to service, he can end up triggering indictments up the chain all the way to Obama.


114 posted on 05/13/2020 11:08:51 PM PDT by Hostage (Article V)
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