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re: Judge Sullivan asks judge to look at whether Flynn could be held in criminal contempt

Posted on 5/13/20 at 6:14 pm to
Posted by TOKEN
Member since Feb 2014
11990 posts
Posted on 5/13/20 at 6:14 pm to
Okay but on what grounds?

Is Judge Sullivan saying he’s lost faith in the independence of DoJ as least insofar as Flynn's case is concerned? The former Special Counsel appointees resigned as DoJ counsel from the case I believe? Is that enough reason?
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48517 posts
Posted on 5/13/20 at 6:17 pm to
quote:

Okay but on what grounds?


I'm assuming on the grounds that there is a legitimate finding of probable cause that a crime was committed.

This isn't exactly a common occurrence. Not exactly sure who would present the government's case.
This post was edited on 5/13/20 at 6:19 pm
Posted by boosiebadazz
Member since Feb 2008
81069 posts
Posted on 5/13/20 at 6:19 pm to
Flynn swore under oath the factual predicate was true when he plead. That’s the complicating factor.

Powell has said it was under duress and with ineffective assistance of counsel and DOJ has now done a 180 and said the prosecution never should have been maintained, but there is a procedural issue in that the Court accepted the plea and now Flynn is subject to the sentencing and jurisdiction of the judge having plead guilty.

I have no idea what Sullivan will end up doing, but this case is a complicated mess that will almost assuredly be ultimately decided by a higher appellate court.
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