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Started By
Message
re: Judge Asks Mueller For "Exculpatory Evidence"
Posted on 2/21/18 at 11:10 am to PuddinPopPharmacist
Posted on 2/21/18 at 11:10 am to PuddinPopPharmacist
quote:Wasn't Clinton impeached for doing the same thing
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.
2
Posted on 2/21/18 at 11:15 am to SlowFlowPro
quote:
i've handled pleas and sentencing in federal court before and have never seen this.
How often while handling those cases did the judges switch post-plea but before cooperation ended? And then the new judge had a standing set of orders he added to every case, that the old one didn't?
This isn't some nefarious plot, just a weird coincidence of timing and procedure. But sure, let these fools keep thinking something is afoot, I'm sure they'll all realize their mistake after nothing comes of it (they won't, they'll just move to the next conspiracy that explains this one that explained the last one ad infinitum).
Posted on 2/21/18 at 11:18 am to BBONDS25
quote:
Why did he switch on so late?
Contreras recused himself, he was randomly assigned. Nobody knows why the recusal happened, but I'm sure some kind soul here has a conspiracy theory ready to go if you ask.
Posted on 2/21/18 at 11:18 am to BamaAtl
Why the late switch of judges? Also...donany ofnthe prosecutors have a history of withholding evidence?
Posted on 2/21/18 at 11:18 am to BlackHelicopterPilot
This Judge is different. During discovery, the prosecutor is supposed to turn over all incriminating evidence that will be introduced at trial and all exculpatory evidence in his possession to the defendant. Most Judges basically leave it up to the Prosecutor to determine what is exculpatory. Needless to say, they have a tendency to error on the side of non disclosure. Based on his judge's past experience, he does not trust the government. So any evidence that Mueller and his team decide is neither incriminating nor exculpatory must be turned over to the Judge who will conduct an in camera inspection of the evidence and decide whether it is exculpatory and needs to be disclosed. This Judge is going to be more likely to deem evidence exculpatory, thus discoverable then Mueller and his merry men.
Posted on 2/21/18 at 11:18 am to BBONDS25
quote:
Yet you managed to read the one story claiming he recused himself. What are the odds?
Look harder, Bonds. CBS news did original reporting (Paula Reid) the day of the story and came up with similar language. I concede that the Reuter's story that a number other stories are sourced from use "was recused". I couldn't find a public copy of the court filing. What's your theory? You haven't been reading Conservative Treehouse, have you?
quote:
The judge in the case of former National Security Adviser Michael Flynn has recused himself, CBS News' Paula Reid reports. Flynn's case, in which he has pleaded guilty to lying to the FBI, has been reassigned to Judge Emmet G. Sullivan after Judge Rudolph Contreras recused himself.
Judge in Mike Flynn Case Recuses Himself - CBS News
Posted on 2/21/18 at 11:18 am to Yak
quote:
Wasn't Clinton impeached for doing the same thing
Clinton committed and almost certainly suborned perjury. The FBI claims that Flynn lied in an unsworn, unrecorded interview about a matter immaterial to any criminal case.
Posted on 2/21/18 at 11:19 am to BamaAtl
Contreras was recused. Big difference. Why would he do that after accepting a plea? What would be the cause that came up between the plea and sentencing?
Posted on 2/21/18 at 11:21 am to TigerDoc
My theory is that he was recused. why would he recuse himself after the plea but before sentencing? What came up that allowed him to preside over the entire case until the plea, then he decided he couldn't stay on? It doesn't make sense that he recused himself at that point.
Posted on 2/21/18 at 11:23 am to Yak
quote:
Wasn't Clinton impeached for doing the same thing
Flynn talked to some people whereas Clinton sodomized an intern with a cigar in the Oval Office, but sure.
Posted on 2/21/18 at 11:25 am to BBONDS25
quote:
Why the late switch of judges?
Nobody legitimately knows. I'm sure our local Loch Ness expert has some thoughts, though.
Posted on 2/21/18 at 11:26 am to BamaAtl
Take a stab at it. We know the standard for recusal. Give me your best guess.
Posted on 2/21/18 at 11:33 am to PuddinPopPharmacist
quote:Still not illegal
Flynn talked to some people whereas Clinton sodomized an intern with a cigar in the Oval Office, but sure.
Posted on 2/21/18 at 11:34 am to shinerfan
quote:He pleaded guilty
The FBI claims that Flynn lied in an unsworn, unrecorded interview about a matter immaterial to any criminal case.
Posted on 2/21/18 at 11:34 am to BlackHelicopterPilot
quote:
That is pretty much the norm, no?
Defendants are entitled to exculpatory evidence. However, this is not based on any request by Flynn - which would in itself be unusual at this stage. Rather the Judge did this sua sponte. That aspect of it is highly unusual.
Posted on 2/21/18 at 11:35 am to BBONDS25
quote:
Take a stab at it
Death threats from alt-right trolls.
Seriously, we have no idea and anyone guessing is doing just that.
Posted on 2/21/18 at 11:38 am to BBONDS25
quote:
After the guilty plea? Really? Or are you making shite up like usual?
Do you know why so many people take the plea deal vs fighting the fed in court? It’s because most people realize they are taking an enormous risk if they go to court. What choice would you make regardless of your guilt or innocence? Going to court where minimum sentencing requirements and the possibility of spending 10, 15, 30 + years in jail are on the table if you are found guilty, or taking a plea deal and doing a year or two or possibly even no jail time at all and just paying a fine? Are you really going to gamble the next 30 years of your life against the federal prison casino?
Posted on 2/21/18 at 11:38 am to Putty
quote:This judge is known for this. So, no, it's not highly unusual.
Defendants are entitled to exculpatory evidence. However, this is not based on any request by Flynn - which would in itself be unusual at this stage. Rather the Judge did this sua sponte. That aspect of it is highly unusual.
Posted on 2/21/18 at 11:39 am to PuddinPopPharmacist
quote:
Flynn talked to some people whereas Clinton sodomized an intern with a cigar in the Oval Office, but sure.
Flynn lied to the FBI, Clinton to congressional special counsel.
Posted on 2/21/18 at 11:40 am to BBONDS25
Yes after the guilty plea, the mueller team cant provide a clean record of the 302 for the interview they are trying to pinch flynn on.
The judge setforth the case law for which such instances allow the defense to request the exculpatory evidence. Also left door open for retraction of guilty plea depending on how things proceed.
The judge setforth the case law for which such instances allow the defense to request the exculpatory evidence. Also left door open for retraction of guilty plea depending on how things proceed.
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