Posted on 08/31/2020 9:23:30 AM PDT by BurgessKoch
Appeals court keeps Michael Flynn prosecution alive, permits judge to scrutinize Justice Dept. request to dismiss it.
(Excerpt) Read more at apnews.com ...
I hear you and I agree.
I see there’s now a link to the AP story. It’s always nice to see the Mods here cleaning up others’ messes.
Um, no. See Ford's pardon of Nixon, among others.
Can Barr just flat out go on national tv and say to America that they dropped the case and that’s that!!
“the DOJ reviewed the entire case and determined that the DOJ prosecutors had made errors and committed misconduct.”
It would be nice if the DOJ were forced to make corrections.
This should put to rest any questions about the partisanship and bias of the judiciary.
Who would force them to do it?
“Flynn has twice, under oath, pleaded guilty. As part of that plea he was asked, under oath, if his plea was voluntary or coerced”
Now evidence has come out that he was blackmailed and they threatened his son with a frame up also. All that other stuff is out the window. It is legally like he was suddenly presented evidence that his child was being held somewhere with a gun to his head. (basically he was)
This is not legal or justified. It is the behavior of a mafia.
The judge.
“Because in order to be pardoned for a crime, you have to be CONVINCED of a crime.”
No you do not. You do not even have to be charged. And it does not even have to be for one specific event. It can simply be for a specific period of time. He can pardon Flynn for events occurring within a period of years in questions.
“The President shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.”
Article II
That is a valid, objective viewpoint. It is possible to speculate that Sullivan was predisposed to assuming or otherwise had reason to believe President Trump was involved, that the FBI does his "bidding" and as such that Trump corrupted Sullivan's court.
Accordingly, Flynn now has the burden of introducing the basis for any coerced plea and admission. Now is the time for, among other things, the consideration of direct evidence of coercion, the exculpatory evidence withheld and any direct or implied threats to members of his family.
This ought to be an easy exercise for Sidney Powell. In fact, the D.C. Dems might start to get more than they wished, in which event Sullivan will likely promptly dismiss the case.
And, following the expected exoneration and perhaps years of civil litigation, everyone should be at least close to being made fully whole again.
My #90 should more accurately include the “DOJ” at its second paragraph.
Accordingly, Flynn now has the burden of introducing the basis for any coerced plea and admission. Now is the time for, among other things, the consideration of direct evidence of coercion, the exculpatory evidence withheld and any direct or implied threats to members of his family.
This ought to be an easy exercise for Sidney Powell. In fact, the D.C. Dems might start to get more than they wished, in which event Sullivan will likely promptly dismiss the case.
I have feeling this is exactly what’s coming down the pike. Be careful what you wish for, Dems.
Not his role and not within his authority.
Doesn’t the Department of “Justice” have any say in the matters of its courts, rules, procedures, and fairness?
That rogue Obama-Lovin’ judge is an employee of Barr and Trump both. The criminals are judging the righteous.
He can hold contempt of court proceedings against initial prosecution team.
We can disagree. But pleas are not routinely withdrawn. The whole purpose of a plea under oath is to make withdrawl difficult because there is an implication of violating the oath when made - perjury. Flynn was directly asked, under oath, if his pleas was freely given, voluntary, and not coerced (the son thing was not an issue or Flynn didn’t think/say so) and then he gave facts about his conduct that confirmed his guilt. That just doesn’t get withdrawn. And Flynn did this twice in front of 2 different judges.
Also, while the Gov indicates it would like to withdraw/dismiss the case I can almost guarantee they have not admitted to direct wrongdoing. The gov just doesn’t do that. Like all politicians they give nebulous reasons but they have not admitted a fraud on the court or a fraud on Flynn. More like, we can use our resources better or we lost a bit of confidence in our case... Just like they have never admitted doing anything wrong in the Epstein case.
See #90. Again, I’d like to believe I’m wrong or have this mapped out wrong but I’ll state again that this is not as easy as FR/Flynn believes
Pleas have become a political cudgel, especially within the Federal Judiciary where the conviction rate is north of 90%. If the Feds come after you, and they take you to trial, you are going to lose. It is a measure of political power, for sure, but I doubt that it serves justice. I wonder how many examples exist where a defendant has requested a withdrawal of their guilty plea and later the DOJ has requested that the entire case be dismissed. That has to be very rare.
“What’s appropriate dispatch mean?”
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For Obama Judge Sullivan and this case in this election year it means “I’m takin’ my sweet time!”.
I do not appreciate being called a jerk...why on earth would I search for more information when someone has posted an excerpt that’s not an excerpt with dead ends to links? It’s a time waster and a story about a decision people have been waiting for nearly a month. One link was bad enough but to be given more links with the same result? You have to be kidding. One only has to come to FR to get a taste of the kind of people running amok in the city streets. Civility? Never heard the word.
Hope you feel better griping about this and you don’t mind that I’m not using your link. Someone else was kind enough without the insults to send me an accurate link.
Thank you - much more appreciated than the person who called me a jerk for not doing a search. Got a good taste of just what’s running loose in our cities! Impossible to be civil in a forum like this?
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