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re: Judge Asks Mueller For "Exculpatory Evidence"

Posted on 2/21/18 at 10:13 am to
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73417 posts
Posted on 2/21/18 at 10:13 am to
quote:

Pretty slim given their histories.

Exactly.
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 10:15 am to
The Brady order instructs prosecutors to give exculpatory evidence to the defendant in a timely manner. That is almost always pre-plea. As much as you might not like it...this particular request from the judge is very odd.
This post was edited on 2/21/18 at 10:17 am
Posted by TigerDoc
Texas
Member since Apr 2004
9897 posts
Posted on 2/21/18 at 10:18 am to
It may be, it just doesn't seem to be very odd for Sullivan. It was also there in every other case on the docket that Wilber checked.
Posted by Turbeauxdog
Member since Aug 2004
23141 posts
Posted on 2/21/18 at 10:18 am to
quote:

his morning a Wall St. Journal reporter named Del Quinton Wilber tweeted out images of identical orders in other cases Sullivan's presided over. It seems like a boilerplate standing order


Are those orders post plea?
Posted by TigerDoc
Texas
Member since Apr 2004
9897 posts
Posted on 2/21/18 at 10:21 am to
Good question. The images just show defendant names, so don't know what phase they're in.

ETA: just sorting this out. The original judge on the case was Rudolph Contreras. He was presiding when Flynn made his plea deal. Sullivan was just recently assigned to Flynn's case and seems to have issued his Brady standing order post-plea simply because he wasn't on the case pre-plea.
This post was edited on 2/21/18 at 10:28 am
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 2/21/18 at 10:28 am to
quote:

, but Flynn has an affinity for loony-toon conspiracies,


He was the top intelligence man of the intelligence apparatus...

To him they were just criminal conspiracies, not loony toon conspiracy THEORIES
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 10:31 am to
Post-plea?
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 10:32 am to
Why is contreras off the case?
Posted by TigerDoc
Texas
Member since Apr 2004
9897 posts
Posted on 2/21/18 at 10:32 am to
Seems like it. He started on the case in February. Flynn's plea was unsealed in December.
Posted by TigerDoc
Texas
Member since Apr 2004
9897 posts
Posted on 2/21/18 at 10:37 am to
News stories I read claimed it was court policy not to disclose individual recusal reasons but mentioned this recusal was initiated by Contreras.
Posted by themunch
Earth. maybe
Member since Jan 2007
64587 posts
Posted on 2/21/18 at 10:39 am to
quote:

Wall St. Journal reporter named Del Quinton Wilber tweeted out images of identical orders in other cases Sullivan's presided over.


Are they doing work to stay ahead of the curve?
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 10:39 am to
quote:

but mentioned this recusal was initiated by Contreras.


This part is icorrect. "Was recused" means he was removed. If he initiated it it would have been "recused himself".
Posted by TigerDoc
Texas
Member since Apr 2004
9897 posts
Posted on 2/21/18 at 10:41 am to
Here's the language from a politico story:

quote:

Judge Emmet Sullivan was randomly assigned to take over the case after Judge Rudolph Contreras recused himself.


Politico
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73417 posts
Posted on 2/21/18 at 10:44 am to
Other legal experts cautioned that it would be premature to make such a conclusion based on the court order alone.

They pointed to Sullivan’s past work overseeing the trial of former Sen. Ted Stevens (R-Alaska), in which the judge faulted prosecutors for misconduct in failing to turn over exculpatory evidence.

Still, experts acknowledged that such an order would typically be seen as unusual, especially in cases in which the defendant has already pleaded guilty.

“It’s not unexpected coming from him,” said Jack Sharman, a lawyer at Lightfoot, Franklin & White and former Whitewater special counsel. “I think it would probably be an over-read to make a conclusion about the defect in the plea just based on this order.”

Sullivan issued the order “sua sponte”—or at his own volition, unprovoked by Flynn’s defense team. He filed a nearly identical order in mid-December, after taking over the case.

Mueller two days prior had filed a motion for an agreed-upon protective order governing the use of material, including “sensitive materials,” in the case provided from the special counsel’s office to Flynn’s lawyers.

LINK
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 10:44 am to
quote:

Politico


Maybe your problem. If you google "contreras recusal" there are pages of stories saying the opposite. Yet you managed to read the one story claiming he recused himself. What are the odds?
This post was edited on 2/21/18 at 10:46 am
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 2/21/18 at 10:53 am to
quote:

That is pretty much the norm, no?


Not for Andrew Weismann.
Posted by PuddinPopPharmacist
Member since May 2017
790 posts
Posted on 2/21/18 at 11:01 am to
Flynn should be let off the hook. He didn’t even do anything wrong. He lied about doing something that wasn’t even illegal, and that is the extent of his crime. Considering the far worse transgression others get away with, it honestly seems wrong to convict him over what amounts to nothing.
Posted by BamaAtl
South of North
Member since Dec 2009
21865 posts
Posted on 2/21/18 at 11:08 am to
quote:

After the guilty plea? Really?


Yeah, every case. He just switched into this one (after the plea), and decided to enjoin his usual orders.

Again,
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73417 posts
Posted on 2/21/18 at 11:08 am to
quote:

quote:
After the guilty plea? Really?


Yeah, every case.
Not a link given that day.
Posted by BBONDS25
Member since Mar 2008
48095 posts
Posted on 2/21/18 at 11:09 am to
Why did he switch on so late?
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