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| -Lurid Crime Tales- | ||
| Judge To DoJ: Not So Fast On Flynn Withdrawal | ||
| 2020-05-14 | ||
Therefore, how surprising is it that Sullivan might want to A federal judge overseeing the criminal case of President Trump’s former national security adviser Michael T. Flynn opened the door late Tuesday for legal experts and other outside parties to oppose the Justice Department’s motion to drop the case, suggesting he has at least some skepticism about the government’s argument that Mr. Flynn should never have been charged. This is, at the very least, quite curious in a criminal prosecution at the district-court level. Amicus briefs usually don’t apply to criminal trials, although technically the Flynn case is at the sentencing phase, where other testimony might be heard on mitigation or punishment. A dismissal motion by prosecutors, however, amounts to a forfeit by the only entity with authority to pursue a case. Sullivan might not like it, but how does he sustain a prosecution without the prosecuting authority’s cooperation, regardless of how many amicus briefs might cross his threshold? Judges in the American legal system don’t have that authority, which explicitly resides in the executive branch.
Related: Emmet Sullivan: 2020-05-10 President Obama Declares ‘There Is No Precedent That Anybody Can Find’ For The Flynn Motion [He May Want To Call Eric Holder] Emmet Sullivan: 2020-02-11 Judge Cancels General Flynn's Sentencing …Until Further Notice! Emmet Sullivan: 2019-12-17 Judge rejects claims by Trump ex-adviser Flynn of FBI misconduct | ||
| Posted by:g(r)omgoru |
| #32 hoist wit 'is own petard |
| Posted by: Lex 2020-05-14 22:48 |
| #31 Obama was first to bring up the perjury charge. |
| Posted by: Grunter 2020-05-14 22:42 |
| #30 Thanks, b. |
| Posted by: Lex 2020-05-14 19:07 |
| #29 #17 link fixed. |
| Posted by: trailing wife 2020-05-14 19:05 |
| #28 D for Destruction D for Denial D for Delay D for Democrats |
| Posted by: Lex 2020-05-14 19:05 |
| #27 They are trying to run out the clock in terms of protecting Biden and smearing Trump any way they can into the election season. The precedent is already there in the DC Court Of Appeals that binds this jusdge to accept the dismissal. Legally speking, he has no choice. This is all about creating smoke and noise and delay. |
| Posted by: Marilyn Tojo7566 2020-05-14 18:54 |
| #26 Operational linkie to John's numma 17. |
| Posted by: Besoeker 2020-05-14 18:46 |
| #25 #17 John - link doesn't work |
| Posted by: Lex 2020-05-14 18:44 |
| #24 We are witnessing the Perfect Military IO, Information Operation Campaign, by Gen Flynn. He played them and they are voluntarily queuing themselves up to the Gallows.. What Fun!!! They (CIV) have no idea of the warrior spirit..... |
| Posted by: Joe of the Jungle 2020-05-14 17:32 |
| #23 I'm hoping the judge is going to get briefs from any crazy lefty willing to submit one, then release Flynn as none of the briefs are going to be compelling law. This will delay things until more lefties accept the reality and cool down, and give him statesman-like non-partisan status of saying he gave everyone a shot to make their case before agreeing to the dismissal. This will enable him to avoid wearing a bullet proof vest the rest of his life. |
| Posted by: rjschwarz 2020-05-14 14:05 |
| #22 Thought Sullivan was better than this based on the Stevens case a few decades back. Turns out, he's not. If memory serves, he only threw out that case after Stevens was defeated in the 2008 Senate race. Mission accomplished. I was tempted to point out that this precedent, if accepted, could render all future plea bargains inoperative -- but then I remembered that the left never applies its own rules to itself -- and the Right never does so when they are "in charge", Kurt Schlicter's fulminations to the contrary. |
| Posted by: charger 2020-05-14 13:59 |
| #21 This Judge for life knowe his job isn’t really in jeopardy so being overturned on appeal with a scoulding from a higher court is meaningless to him. What he will do is find Flynn guilty and sentence him to confinement of some duration hoping to force Trump to issue a pardon to give cover to this disgraceful abuse of power for the upcoming elections. The Flynn conviction was the sole concrete “proof” of the whole spy gate conspiracy. For the rubes that constitutes the backbone of the democrat/progressive socialist coalition, they need a talking point. |
| Posted by: NoMoreBS 2020-05-14 13:12 |
| #20 Judge Sullivan called Flynn 'a traitor' earlier in this case and then was forced to apologize. He may still hold a grudge. |
| Posted by: lord garth 2020-05-14 12:08 |
| #19 He's taking revenge for the defeat of his side on an enemy POW. |
| Posted by: g(r)omgoru 2020-05-14 11:42 |
| #18 It's possible he is suffering from dementia. My first reaction is too strong to print, and am hoping mere dementia or loss of faculties is the root cause. |
| Posted by: Whiskey Mike 2020-05-14 11:41 |
| #17 Supreme Court Ruled Unanimously Last Week Against Improper Use of Amicus Briefs; Relevant for Flynn Case. Stay on the page and keep up Judge. |
| Posted by: JohnQC 2020-05-14 11:36 |
| #16 Impeach him. |
| Posted by: Woodrow 2020-05-14 10:27 |
| #15 fwiw, the retired (John Gleeson) appointed by Sullivan wrote an op ed in the WaPo calling for Flynn to be found guilty even though the DOJ found otherwise. This was the day before the appointment. golly gee what a coincidence |
| Posted by: lord garth 2020-05-14 10:09 |
| #14 Through the Looking Glass now. Sullivan = Queen of Hearts' little brother |
| Posted by: Lex 2020-05-14 08:42 |
| #13 The DOJ and Flynn's lawyers should appeal for an immediate dismissal of the case. The evidence shows there was no crime, not even a process "crime", but this judge wants to act as if there was. Imagine an accused murdered pleading guilty just to end the doubt and save himself from the death sentence, and then the supposed victim turns up alive. Sullivan would put an innocent man in prison for trying to save his life. |
| Posted by: Rob Crawford 2020-05-14 08:28 |
| #12 Clinton appointed black-robed tyrant practicing lawfare. Ya got to wonder who has what on him. If government wants to dismiss a case, the district court cannot refuse. Thought Sullivan was better than this based on the Stevens case a few decades back. Turns out, he's not. |
| Posted by: JohnQC 2020-05-14 08:18 |
| #11 SS? |
| Posted by: Lex 2020-05-14 08:01 |
| #10 /\ kabuki^2 Line dance clogging. |
| Posted by: Besoeker 2020-05-14 07:59 |
| #9 It's now kabuki^2 |
| Posted by: M. Murcek 2020-05-14 07:37 |
| #8 "...appointed a retired judge..." What, do retired judges have hip-pocket orders? Snark O'The Day |
| Posted by: Clem 2020-05-14 06:14 |
| #7 Power without accountability. |
| Posted by: g(r)omgoru 2020-05-14 03:38 |
| #6 It gets worse: Judge Sullivan has now appointed a retired judge to look into “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury. All hands on deck. Gotta protect "The Won". |
| Posted by: Phusotle Dingle5823 2020-05-14 01:52 |
| #5 /\ Just thinking 'outside the box' here, but is it possible that U.S. Attorney John Durham might have signaled a strategic pause with regard to the sentencing of Mike Flynn ? |
| Posted by: Besoeker 2020-05-14 01:48 |
| #4 if Flynn were to be found guilty of perjury for pleading 'guilty' and then changing his plea, it would be a Kafkaesque precedent It was weird enough when the government asked to delay sentencing. Twice. After Flynn plead guilty. |
| Posted by: SteveS 2020-05-14 01:40 |
| #3 Will Judge Sullivan drag the case past November hoping for a Dem controlled regime? |
| Posted by: Phusotle Dingle5823 2020-05-14 01:04 |
| #2 if Flynn were to be found guilty of perjury for pleading 'guilty' and then changing his plea, it would be a Kafkaesque precedent having a special council brought in to oppose the government motion to dismiss, given the government has stated its reasons for the dismissal, is only irrational and senseless |
| Posted by: lord garth 2020-05-14 00:44 |
| #1 Black robed tyrant. Rope, tree, judge. Some assembly required. |
| Posted by: DarthVader 2020-05-14 00:26 |