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re: Giglio Violation... Flynn may get out of charges

Posted on 12/5/17 at 8:15 pm to
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/5/17 at 8:15 pm to
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 by SirWinston
PNW
Member since Jul 2014
81376 posts
Posted on 12/5/17 at 8:15 pm to
What about him being reimbursed for his attorneys?
Posted by OTIS2
NoLA
Member since Jul 2008
50092 posts
Posted on 12/5/17 at 8:18 pm to
Tom Fitton is hammering this non disclosure now.
Posted by Blizzard of Chizz
Member since Apr 2012
18994 posts
Posted on 12/5/17 at 8:18 pm to
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 by BBONDS25
Member since Mar 2008
48129 posts
Posted on 12/5/17 at 8:32 pm to
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 by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/5/17 at 8:37 pm to
I can see that being the case.

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 by winston318
Oklahoma City,OK
Member since Sep 2009
3175 posts
Posted on 12/5/17 at 8:43 pm to
Flynn has already signed his deal. The only way out of it now is through appeals court
Posted by Havoc
Member since Nov 2015
28193 posts
Posted on 12/5/17 at 8:44 pm to
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 by BBONDS25
Member since Mar 2008
48129 posts
Posted on 12/5/17 at 8:47 pm to
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 by Havoc
Member since Nov 2015
28193 posts
Posted on 12/5/17 at 8:53 pm to
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 by Floating Change Up
signature text loading ...
Member since Dec 2013
11839 posts
Posted on 12/5/17 at 8:54 pm to
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.
Posted by BBONDS25
Member since Mar 2008
48129 posts
Posted on 12/5/17 at 8:58 pm to
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 by RCDfan1950
United States
Member since Feb 2007
34872 posts
Posted on 12/5/17 at 9:01 pm to
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 by Iowa Golfer
Heaven
Member since Dec 2013
10229 posts
Posted on 12/5/17 at 9:09 pm to
Agreed.

Also, there are some awfully bad attorneys on this board.
Posted by Jjdoc
Cali
Member since Mar 2016
53439 posts
Posted on 12/5/17 at 9:12 pm to
quote:

He plead guilty, so that's that.

BUT,


Nope.. thus the SCOTUS ruled on it.
Posted by Jjdoc
Cali
Member since Mar 2016
53439 posts
Posted on 12/5/17 at 9:14 pm to
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 by ninthward
Boston, MA
Member since May 2007
20382 posts
Posted on 12/5/17 at 9:16 pm to
quote:

The delusions are abundant.
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.
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/5/17 at 9:17 pm to
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/5/17 at 9:24 pm to
Second upvote is mine
Posted by Jjdoc
Cali
Member since Mar 2016
53439 posts
Posted on 12/5/17 at 10:07 pm to
Bumping for night crowd
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