Posted on 05/13/2020 8:44:10 PM PDT by 11th_VA
A three-judge federal appeals court said Tuesday the DOJs settlement with Fokker Services B.V. for alleged sanctions violations could go ahead after a district court judge rejected the arrangement as anemic.
The U.S. Court of Appeals in Washington, DC said prosecutors and not judges make decisions to enter into deferred prosecution agreement with corporate defendants.
In February 2015, federal district court judge Richard Leon refused to approve the settlement. He said the proposed $21 million penalty was grossly disproportionate to the gravity of Fokker Sercvices conduct in a post-911 world.
Holland-based Fokker Services admitted in a 2014 plea deal that it made more than 1,100 illegal shipments of aircraft parts, technology, and services worth $21 million to Iran, Sudan, and Burma.
In the settlement, Fokker agreed to forfeit $10.5 million and pay a civil fine of $10.5 million.
The settlement included an 18-month deferred prosecution agreement. Fokker Services promised to enhance its trade sanctions compliance.
In his February 5, 2015 opinion (pdf), Judge Leon said:
In my judgment, it would undermine the publics confidence in the administration of justice and promote disrespect for the law for it to see a defendant prosecuted so anemically for engaging in such egregious conduct for such a sustained period of time and for the benefit of one of our countrys worst enemies.
Fokker appealed Judge Leons ruling.
Tuesdays appellate opinion (pdf) written by Circuit Judge Sri Srinivasan said, The Constitution allocates primacy in criminal charging decisions to the Executive Branch.
(Excerpt) Read more at fcpablog.com ...
Doesnt matter. The judge is out of control. Emergency relief should be sought from SCOTUS
Sullivan may be accepting amicus briefs to delay final judgment until after Nov. 3.
It may not come down to that if the DC Court of Appeals (DCCA) tells Sullivan that it’s over.
DOJ tells DCCA that the (a) case is dropped, (b) both sides are in agreement, and (c) requests that the DCCA order judge Sullivan to cease & desist the Amicus order (and sign off on the dismissal).
DCCA then gives the judge a direct order to comply or they’ll do it themselves.
No doubt - its their only hope ... that and more corona deaths
Sullivan seems to have no clue as to what the role of a judge is. He should be impeached for being evil and/or stupid.
If you have two parties in a dispute, and during the trial they come to an agreement that resolves the dispute, or if the plaintiff withdraws the complaint - that’s it. The judge has no more role to play.
Judge Sullivan just got fokked over.
Sullivan is not arguing dropping the charges, Sullivan is arguing that Flynn committed perjury when he gave his plea. As bizarre as it seems, Sullivan et al are saying eventhough Flynn was extorted into pleading guilty because they threatened his son, Flynn committed perjury in the court because he falsely said he was guilty. These people are truly Satan’s ministers.
I would also add this is why Obama mentioned perjury — O is behind this.
bttt
Barr said in his CBS interview that it doesn’t matter if Flynn was guilty or not, the prosecutors were wrong to bring the case in the first case. There was no predicate to bring the case.
Basically, Flynn plead guilty to a non crime. Barr is saying that the government was wrong in the first place. I have to wonder if Sullivan even read the DOJ filing for dismissal. It was very well written, with excellent citations of the Law.
It feels like Sullivan is just stalling.
Sullivan can’t stop the inevitable, and he knows it. His goal is to extend the case as long as he possibly can. Notice you haven’t seen Flynn speak in public or to the press yet? He really can’t until the case has been officially dismissed. When he is free to speak his mind, he will destroy any Deep State narrative about the legitimacy of the Obama admin spying and unmasking on him. That will also rally more public support to his/Trump side and away from the DS/dems. That is what Sullivan’s delays are all about.
Judges are judges and should resign when they can no longer act as judges. Sullivan is now part of the trial, showing his bias against General Flynn and against the federal prosecutors. Time for a new judge.
You’re right. But what Sullivan wants to charge is perjury during the court proceedings - regardless of the case dismissal. Again this is Obama behind the scenes. Obama said perjury and people said that’s absurd, Flynn wasn’t charged with perjury. Also correct. Sullivan’s charge is Flynn committed perjury during the proceedings.
Sullivan may be singing “Here comes the judge” but Trump is singing “Here comes the President, DOJ, precedents, and a grand jury”.
From what I can see, Pigmeat Markham would make a better judge than Emmet The Clown Sullivan.
I think its being done just to keep the media busy for the next few days.
“Look! That squirrel is wearing a sweater!”
He really needs to go down in flames, and he can take Amy Berman-Jackson with him. I hate people with hyphenated names.
And numbnuts Sullivan is so naive to think that no one else, ever in his whole 26 years on the bench, had cut a plea deal with the Feds, even though they weren't guilty of what they were accused of doing, especially of a process crime, just so they could get the nightmare over, and keep their family from being harassed? He knows that crap goes on all the time. This wasn't his first rodeo. He knows who the dirty attorneys are, like Weissman and others who have been in his courtroom on previous cases. He knew what the deal with Flynn was from the get-go, and he let it go on right in his courtroom. I hope the bastard is taken out by the Trump Curse. The sooner the better.
Hey Judge Sullivan and dims....when you loose Buzzy you loose bigly.
If it was a former attorney general, then he was merely acting as a messenger boy for the top guy.
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