Posted on 10/22/2021 8:37:17 PM PDT by where's_the_Outrage?
Definitely appreciate that info. Bookmarked.
What a coincidence regarding Scooter Libby. I’ve be reminding the Colin Powell fans about his complicity in the egregious prosecution of Libby.
So much for the people’s house...its a castle for royalty...screw them and the judges strongarming good patriots. I hope I live long enough to see them pay for their treason to America.
I admit I didn’t consider that— that was, after all, the crux of the Flynn matter, and explains why Sullivan fought it tooth and nail.
But, forgive my persistent chewing, it seems the problem is not the crime itself, but the severity of the punishment. Though its generally understood that any understanding between an attorney and prosecutor are not technically binding, judges often use the prosecutor’s recommendation as an upper limit for the severity of the sentence he/she imposes.
The general expectation is that a measure of lenity is doled out in exchange for ‘copping to a plea’ because it saves the court time and money were it to try the case. Nowadays such informal understandings are expected; were things to change, lawyers would starve.
I should re-read the story because I’m not sure if all of the following occurred, but if the defendants’ admissions were based on an understanding causing them to (reasonably) expect a different outcome, and the judge disregarded a tacit agreement between the contenders to impose an unusually severe sentence, and while doing this the judge made a subjective (first person) remark suggesting personal enmity toward the defendants (based on religion, race politics etc.)—would all these conditions together justify an appeal over the sentence?
I understand that. But the prosecution was looking for actual jail time - 30 days. The judge gave them probation and community service instead, he he was more lenient than the prosecution wanted.
Well, that settles that.
I stand corrected. (It will be awhile before I can sit.)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.