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Started By
Message
re: Giglio Violation... Flynn may get out of charges
Posted on 12/5/17 at 7:46 pm to boosiebadazz
Posted on 12/5/17 at 7:46 pm to boosiebadazz
They made a DEAL with Flynn, confess to these lies you told Storkz, and we wont go after you or your son on XYZ. And you promise to help us on XYZ going forward
However, Storkz got transferred after the interview, but before the plea agreement. The SC failed to notify Flynns lawyer of the reason for the transfer in the interim
Giglio 101, right there
However, Storkz got transferred after the interview, but before the plea agreement. The SC failed to notify Flynns lawyer of the reason for the transfer in the interim
Giglio 101, right there
0
Posted on 12/5/17 at 7:47 pm to boosiebadazz
quote:
If so, how is that in play with a plea? It’s been awhile since criminal procedure so I could be wrong, but I think even Brady violations may be even excused when the defendant pleas
The lying to the FBI charge comes from the fact the Flynn apparently lied to this guy in his interview. If it went to court, he would be the main witness and key piece of evidence against Flynn. Since he was dismissed for bias and impropriety, that’s a piece of evidence as well. Withholding this information from Flynn’s legal team is a huge no no. The prosecution is required to disclose all evidence to the defense. Failure to do so essentially denied Flynn his due process and constitutional rights.
This post was edited on 12/5/17 at 7:50 pm
Posted on 12/5/17 at 7:49 pm to Blizzard of Chizz
Either Mueller and his team are complete fricking clowns or they’re trying to throw the case.
Posted on 12/5/17 at 7:51 pm to boosiebadazz
A federal court can allow a defendant to set aside a guilty plea prior to sentencing. Has he been sentenced? I honestly don't know.
If the trial court denies the withdrawal prior to sentencing, that decision can be appealed. So it all comes down to sentencing.
If the trial court denies the withdrawal prior to sentencing, that decision can be appealed. So it all comes down to sentencing.
This post was edited on 12/5/17 at 7:53 pm
Posted on 12/5/17 at 7:51 pm to Jjdoc
I'm just a Giglio, and everywhere I go...
Posted on 12/5/17 at 7:51 pm to Blizzard of Chizz
But Flynn still went before a judge and swore the factual basis for the plea was true. He didn’t contest any of it.
Posted on 12/5/17 at 7:53 pm to BBONDS25
No, I’d imagine his cooperation is going to help determine his sentence.
You’ve probably sat in on a plea. It’s thorough as frick for exact reasons like this.
Look, with something this high profile and politically charged, it may end up getting set aside, but I still think he’d have a huge mountain to overcome regarding his independent and knowing verification of the factual basis for the plea.
You’ve probably sat in on a plea. It’s thorough as frick for exact reasons like this.
Look, with something this high profile and politically charged, it may end up getting set aside, but I still think he’d have a huge mountain to overcome regarding his independent and knowing verification of the factual basis for the plea.
This post was edited on 12/5/17 at 7:54 pm
Posted on 12/5/17 at 7:53 pm to BBONDS25
quote:
A federal court can allow a defendant to set aside a guilty plea prior to sentencing. Has he been sentenced? I honestly don't know.
If the trial court denies the withdrawal prior to sentencing, that decision can be appealed. So it all comes down to sentencing.
I brought this up earlier and don't believe he's been sentenced.
Posted on 12/5/17 at 7:53 pm to Bestbank Tiger
quote:
I'm just a Giglio, and everywhere I go
Louis Prima. Humala babeala beebala boobala humala babala bebalo bop.
This post was edited on 12/5/17 at 7:57 pm
Posted on 12/5/17 at 7:55 pm to boosiebadazz
quote:
You’ve probably sat in on a plea. It’s thorough as frick, for exact reasons like this. Look, with something this high profile and politically charged, it may end up getting set aside, but I still think he’d have a huge mountain to overcome regarding his independent and knowing verification of the factual basis for the plea.
Understood. But rule 11 says a guilty plea in a federal court can be withdrawn if :
quote:
B) the defendant can show a fair and just reason for requesting the withdrawal.
If the court denies the withdrawal, that can be appealed.
This post was edited on 12/5/17 at 7:56 pm
Posted on 12/5/17 at 7:56 pm to Bestbank Tiger
quote:
I'm just a Giglio, and everywhere I go...
Posted on 12/5/17 at 7:57 pm to keakar
quote:
unfortunately no matter what happens, or whatever illegalities committed by prosecutors, it doesnt matter.
once you plead guilty thats it, you cant go back and change your mind no matter how corrupted the whole process actually was. a plea ends it, right then and there no matter what comes up later.
not true
Posted on 12/5/17 at 7:57 pm to Strannix
quote:
There are some very good theories out there showing a precise timeline that everything from Flynn’s appointment to his plea was an elaborate COINTELPRO to smoke out Mueller’s people, and it worked. Flynn’s counterpart who stayed on has access to all the raw SIGINT from NSA. That’s how they got Strzok’s texts
That is funny. Satisfyingly so.
Posted on 12/5/17 at 7:57 pm to BBONDS25
quote:bee bop....ohhhhhhhhhhhhhhhhh i'm so
Humala babeala beebala boobala humala babala bebalo bop
Posted on 12/5/17 at 7:59 pm to boosiebadazz
quote:
But Flynn still went before a judge and swore the factual basis for the plea was true. He didn’t contest any of it.
"If a motion to withdraw a plea of guilty or nolo contendere is made before sentence is imposed, the court may permit the plea to be withdrawn if the defendant shows any fair and just reason. At any later time, a plea may be set aside only on direct appeal or by motion under 28 U.S.C. § 2255."
"Even without the defendant's request, a judge is required to set aside a guilty plea when there is strong evidence of the defendant's innocence."
LINK
Posted on 12/5/17 at 8:01 pm to cajunangelle
quote:
bee bop....ohhhhhhhhhhhhhhhhh i'm so
Sad and lonely. Sad and lonely. Won't some sweet momma come and take a chance with me. Cuz I ain't so bad.
All time great reference in the poli board tonight.
Posted on 12/5/17 at 8:04 pm to boosiebadazz
quote:Doesn't matter. Guilty pleas can be declared invalid.
But Flynn still went before a judge and swore the factual basis for the plea was true. He didn’t contest any of it.
Posted on 12/5/17 at 8:05 pm to boosiebadazz
quote:
But Flynn still went before a judge and swore the factual basis for the plea was true. He didn’t contest any of it.
Doesn’t matter. The prosecution cannot withold evidence from the defense. Anytime you violate a defendant’s constitutional rights, you put the entire case in jeapordy. Think of it this way. If Flynn’s legal team was made aware of this evidence, is there a good chance they decide not to take the deal? If the key piece of evidence was dismissed for impropriety, you probably want to take it to court because you have a damn good chance of winning. Do you see the problem it creates by witholding this evidence?
This post was edited on 12/5/17 at 8:06 pm
Posted on 12/5/17 at 8:12 pm to AlxTgr
quote:
Guilty pleas can be declared invalid
Sure, but does that invalidate the entire document?
[a year later at trial]
“So Mr. Flynn, did you go before a judge on (date) and swear that...?”
I don’t know that answer. Thankfully the last criminal law exposure I had was 6 years ago.
Posted on 12/5/17 at 8:12 pm to Jjdoc
He plead guilty, so that's that.
BUT,
It does make for a much more compelling reason for a pardon.
BUT,
It does make for a much more compelling reason for a pardon.
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