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re: Giglio Violation... Flynn may get out of charges
Posted on 12/5/17 at 8:15 pm to Blizzard of Chizz
Posted on 12/5/17 at 8:15 pm to Blizzard of Chizz
I do see the issue. Maybe a judge will have to determine if that information is exculpatory enough to trigger Brady, but I don’t see how it’s Giglio.
Posted on 12/5/17 at 8:15 pm to Jjdoc
What about him being reimbursed for his attorneys?
Posted on 12/5/17 at 8:18 pm to SirWinston
Tom Fitton is hammering this non disclosure now.
Posted on 12/5/17 at 8:18 pm to boosiebadazz
Im no legal expert, but constitutional violations are a great way to get charges tossed. There is way too much questionable stuff going on with this entire investigation. If half of what we’ve heard is true, it sounds like a shite show. Personally im all for making Muller and his band of merry men repay expenses out of their own pocket if this is the kind of investigation they are running.
Posted on 12/5/17 at 8:32 pm to boosiebadazz
I don't think Brady or Giglio come into this. It's simply a rule 11 withdrawal of plea. If the court finds "good reason". That's that.
Posted on 12/5/17 at 8:37 pm to BBONDS25
I can see that being the case.
Found this from DOJ manual:
LINK
I'm about to jump in the shower and go hang out with the missus, but I'll check back in later.
Found this from DOJ manual:
quote:
Because Brady and Giglio are constitutional obligations, Brady/Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995). Neither the Constitution nor this policy, however, creates a general discovery right for trial preparation or plea negotiations. U.S. v. Ruiz, 536 U.S. 622, 629 (2002); Weatherford v. Bursey, 429 U.S. 545, 559 (1977).
LINK
I'm about to jump in the shower and go hang out with the missus, but I'll check back in later.
This post was edited on 12/5/17 at 8:38 pm
Posted on 12/5/17 at 8:43 pm to Jjdoc
Flynn has already signed his deal. The only way out of it now is through appeals court
Posted on 12/5/17 at 8:44 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 would explain how someone like Flynn was nailed so (relatively) easily.
Posted on 12/5/17 at 8:47 pm to boosiebadazz
I think we agree. I don't think Brady or giglio os applicable. It's just a "good reason" inquiry to be decided by the judge.
Posted on 12/5/17 at 8:53 pm to boosiebadazz
quote:
Maybe a judge will have to determine if that information is exculpatory enough to trigger Brady, but I don’t see how it’s Giglio.
quote:
Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses.
ETA: it's a quagmire of timing and substantive issues with variations by court. Pleas may not be covered.
This post was edited on 12/5/17 at 9:05 pm
Posted on 12/5/17 at 8:54 pm to Jjdoc
I'm sure I am in the minority here... but Flynn actually strikes me as the type of guy with some self-respect and integrity.
Even if he could, I'm thinking he would balk at getting out of the charges on a technicality at this point.
Even if he could, I'm thinking he would balk at getting out of the charges on a technicality at this point.
Posted on 12/5/17 at 8:58 pm to Floating Change Up
quote:
self-respect and integrity.
Don't think that has anything to do with it. if the prosecutors were crooked...and that is a big if...he should try to withdraw the plea. The lies were about activities that weren't illegal. I don't know why he lied...but it is a victimless crime....crooked prosecutors is a much much bigger deal.
Posted on 12/5/17 at 9:01 pm to Floating Change Up
quote:
I'm sure I am in the minority here... but Flynn actually strikes me as the type of guy with some self-respect and integrity. Even if he could, I'm thinking he would balk at getting out of the charges on a technicality at this point.
You're not in the minority on this Board, buddy, re Flynn. The guy sold His house and gave up when the ruthless Meuller threated His (Flynn's) Son with ruin too.
This is THE greatest corruption of our Government since the Founding. NONE of this would have ever seen the light of day had Hillary won. And just think where She would have taken us from that point. You could kiss this Board goodbye; we'd all have to hit the woods.
Posted on 12/5/17 at 9:09 pm to RCDfan1950
Agreed.
Also, there are some awfully bad attorneys on this board.
Also, there are some awfully bad attorneys on this board.
Posted on 12/5/17 at 9:12 pm to TrueTiger
quote:
He plead guilty, so that's that.
BUT,
Nope.. thus the SCOTUS ruled on it.
Posted on 12/5/17 at 9:14 pm to boosiebadazz
quote:
I do see the issue. Maybe a judge will have to determine if that information
A judge has already ruled on it. In fact , 9.... NINE... of them did.
It is called the GIGLIO VIOLATION
Posted on 12/5/17 at 9:16 pm to zunic
quote:So 7 mil, 15mil whatever Honest Bob has racked up for two lying to the FBIs. One has no witness. What is delusional is real charges.
The delusions are abundant.
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