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re: Flynn hearing live audio stream (9:30 am EST)

Posted on 8/11/20 at 9:47 am to
Posted by Strannix
District 11
Member since Dec 2012
49566 posts
Posted on 8/11/20 at 9:47 am to
quote:

Barr has even come out and said there were no Brady violations


yeah notes from investigator saying "how can we set up defendant" would be a good start
Posted by boosiebadazz
Member since Feb 2008
81070 posts
Posted on 8/11/20 at 9:48 am to
If Susan Rice plead guilty to a crime and then Obama’s DOJ tried to dismiss the prosecution afterwards I doubt you all would be reacting the same way
Posted by cajunangelle
Member since Oct 2012
150605 posts
Posted on 8/11/20 at 9:49 am to
yep.

Posted by boosiebadazz
Member since Feb 2008
81070 posts
Posted on 8/11/20 at 9:49 am to
Then Barr needs to admit there were Brady violations, throw Van Grack under the bus, and move on.
Posted by heismanjoe
Da Parish
Member since Feb 2020
140 posts
Posted on 8/11/20 at 9:49 am to
This court is more lib than 9th circuit at this point
Posted by Ex-Popcorn
Member since Nov 2005
2175 posts
Posted on 8/11/20 at 9:52 am to
quote:

If Susan Rice plead guilty to a crime and then Obama’s DOJ tried to dismiss the prosecution afterwards I doubt you all would be reacting the same way


Actually no. It's a separation of powers issue. Once the prosecution decides not to go forward--whether bribed, corrupt, etc.--it is over.

At some point, someone has to prosecute. Who? This is separation of powers. The executive branch prosecutes. No one else gets to. The judge doesn't get to appoint someone else to prosecute. It is ONLY the DOJ who decides when and how to prosecute.
Posted by cajunangelle
Member since Oct 2012
150605 posts
Posted on 8/11/20 at 9:52 am to
Garland just did a reclaiming my time
Posted by GumboPot
Member since Mar 2009
124254 posts
Posted on 8/11/20 at 9:53 am to
quote:

If Susan Rice plead guilty to a crime and then Obama’s DOJ tried to dismiss the prosecution afterwards I doubt you all would be reacting the same way




You may be correct however the media would be helping to expose the prosecutorial threats against Rice's son for not pleading guilty.

The bottom line, once that was revealed with the Brady material the case would have been dismissed way early in the process and "our side" would not have had much of an argument.
Posted by Strannix
District 11
Member since Dec 2012
49566 posts
Posted on 8/11/20 at 9:53 am to
Garland is salty because Cocaine Mitch teabagged him
Posted by boosiebadazz
Member since Feb 2008
81070 posts
Posted on 8/11/20 at 9:55 am to
quote:

Actually no. It's a separation of powers issue. Once the prosecution decides not to go forward--whether bribed, corrupt, etc.--it is over.

At some point, someone has to prosecute. Who? This is separation of powers. The executive branch prosecutes. No one else gets to. The judge doesn't get to appoint someone else to prosecute. It is ONLY the DOJ who decides when and how to prosecute.


You are exactly right. Except the prosecution is over when the Court accepts the defendant’s plea. That happened here. Prosecution over- DOJ prosecuted to guilty plea.

Flynn is then a ward of the Article III Court. What happened here is DOJ and Flynn tried to pull Flynn back from Article III jurisdiction back into Article I prosecutorial discretion.

There’s a reason Rule 48 has that part about “with leave of court”.

But you’re exactly right- this is a separation of powers issue- just not in the way you’re thinking.
This post was edited on 8/11/20 at 9:57 am
Posted by NC_Tigah
Member since Sep 2003
125492 posts
Posted on 8/11/20 at 9:55 am to
quote:

Flynn has already pled
Aside from lack of predicate which was obscured by Brady breaches, Flynn's plea was contingent on a prosecutorial agreement. The prosecution reneged.
Posted by BobBoucher
Member since Jan 2008
17310 posts
Posted on 8/11/20 at 9:56 am to
Oof. Some of the reasons for dismissal are public. Some are not.

Barr knows more.
This post was edited on 8/11/20 at 9:56 am
Posted by YankeeBama
Milwaukee
Member since Sep 2017
4743 posts
Posted on 8/11/20 at 9:56 am to
Boom. This is just the tip of the iceberg. Barr knows everything.
Posted by Decatur
Member since Mar 2007
28875 posts
Posted on 8/11/20 at 9:58 am to
quote:

Oof. Some of the reasons for dismissal are public. Some are not.


Was that not offered as a hypothetical?
Posted by Strannix
District 11
Member since Dec 2012
49566 posts
Posted on 8/11/20 at 9:58 am to
quote:

There’s a reason Rule 48 has that part about “with leave of court”.


lol did you go to Southern?
Posted by cajunangelle
Member since Oct 2012
150605 posts
Posted on 8/11/20 at 9:59 am to
Miss Powell has a very narrow view--- who is this Judge?
Posted by Uncle Stu
#AlbinoLivesMatter
Member since Aug 2004
33697 posts
Posted on 8/11/20 at 9:59 am to
quote:

MOAR hypotheticals

he pulled this shite last time
Posted by GumboPot
Member since Mar 2009
124254 posts
Posted on 8/11/20 at 10:00 am to
quote:

Miss Powell has a very narrow view--- who is this Judge?




Yeah, Miss Powell will not consider CCP law.
Posted by boosiebadazz
Member since Feb 2008
81070 posts
Posted on 8/11/20 at 10:00 am to
Telling response from a guy who admitted he was clueless to what’s going on a page prior
This post was edited on 8/11/20 at 10:07 am
Posted by cajunangelle
Member since Oct 2012
150605 posts
Posted on 8/11/20 at 10:00 am to
quote:

Oof. Some of the reasons for dismissal are public. Some are not.

Barr knows more.
So why are we playing the cat & mouse games? The courts can see the full Brady material so why are we here? Other than a stall tactic?
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