Started By
Message

re: Judge Asks Mueller For "Exculpatory Evidence"

Posted on 2/21/18 at 12:22 pm to
Posted by BeefDawg
Atlanta
Member since Sep 2012
4747 posts
Posted on 2/21/18 at 12:22 pm to
Is there anything preventing Mueller from simply not providing something that might damage the plea deal in favor of Flynn?

How would the new judge know if Mueller turned ALL exculpatory evidence over or just the parts that aren't enough to overturn the plea?
Posted by Mephistopheles
Member since Aug 2007
8394 posts
Posted on 2/21/18 at 12:24 pm to
quote:

Posting a particular US code does not help me with the kidnapping and taking money from Russia accusations. I am trying to discern what the exact accusation is. Then we can evaluate the credibility of the accusation and how it applies to the US Code and whether Flynn is exposing himself by withdrawing his plea.


I'm just being lazy and posting while I should be and half am doing other things. I respectfully withdraw my assertions as to Flynn's potential crimes beyond lying to the FBI.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 2/21/18 at 12:26 pm to
quote:

Is there anything preventing Mueller from simply not providing something that might damage the plea deal in favor of Flynn?

How would the new judge know if Mueller turned ALL exculpatory evidence over or just the parts that aren't enough to overturn the plea?
Because Honest Bob is honest
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41013 posts
Posted on 2/21/18 at 12:26 pm to
quote:

He does this for every one of his cases. 

Do you understand how high the standard is to withdraw a guilty plea in federal court? For Flynn's lawyers to file an Anders-like motion is one thing. The fact that the District Court is ordering the Special Counsel to turn over discovery after a guilty plea is another.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 2/21/18 at 12:33 pm to
Flynn's lawyers haven't done anything towards him trying to withdraw his plea

Because Flynn doesn't want to withdraw his plea
Posted by BBONDS25
Member since Mar 2008
57214 posts
Posted on 2/21/18 at 12:35 pm to
quote:

I'm just being lazy and posting while I should be and half am doing other things. I respectfully withdraw my assertions as to Flynn's potential crimes beyond lying to the FBI.


Posted by BBONDS25
Member since Mar 2008
57214 posts
Posted on 2/21/18 at 12:41 pm to
quote:

Flynn's lawyers haven't done anything towards him trying to withdraw his plea Because Flynn doesn't want to withdraw his plea


Or they are waiting for any exculpatory evidence the prosecution has been ordered to produce. That would be the basis for a motion. Filing a motion prior to that would be premature. Inaction on the part of Flynn's attorneys does not mean what you think it means.
Posted by BBONDS25
Member since Mar 2008
57214 posts
Posted on 2/21/18 at 12:42 pm to
quote:

Because Honest Bob is honest


Anyone on his team have a history of withholding exculpatory evidence?
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 2/21/18 at 12:44 pm to
quote:

Anyone on his team have a history of withholding exculpatory evidence?
No, actually.

And to Juiceterry's point, Flynn isn't withdrawing shite.

Just another slate of ice for the internet crowd to dance off on.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41013 posts
Posted on 2/21/18 at 12:53 pm to
quote:

While the December standing order represented Sullivan’s normal practice, as both McCarthy and York noted, Flynn had already pled guilty. In his plea agreement, Flynn agreed to “forego the right to any further discovery or disclosures of information not already provided at the time of the entry of Flynn’s guilty plea.” On Wednesday, however, the attorneys in the Flynn case presented the court an agreed-upon protective order governing the use of the material — including sensitive material — the special counsel’s office provides Flynn. This indicates Mueller’s team will not fight Sullivan’s standing order based on the terms of Flynn’s plea agreement.

Below is the link detailing the case in its entirety. If Flynn's plea truly ended this case, the standing Brady order effectively would have been terminated. And if Flynn wanted to just move on, he wouldn't be paying lawyers hundreds of dollars an hour to review thousands of pages of incoming discovery.

The Federalist
Posted by BBONDS25
Member since Mar 2008
57214 posts
Posted on 2/21/18 at 12:55 pm to
quote:

No, actually


Now google is your friend
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 2/21/18 at 12:55 pm to
quote:

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.


Certainly seems like some "new" information is being passed around. Based on this being the second issuance of the Brady order (Why are 2 needed) by the judge it would indicate that there is new exculpatory evidence being sent from Mueller to Flynn.

In any case a nearly identical order indicates he does not trust these guys at all. He seems to be removing wiggle room for them to refuse the sharing of exculpatory information.
Posted by Yak
DuPage County
Member since May 2014
4672 posts
Posted on 2/21/18 at 12:56 pm to
quote:

Is one act less moral than the other or is legality the litmus test for morality?
Who cares? Neither is illegal.

I don't know why you're dying on this hill, but whatever
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 2/21/18 at 1:08 pm to
quote:


Now google is your friend
Nah I'm good. He got rid of the slobs. He just last week agreed to give them whatever they need. Check it out.
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 2/21/18 at 1:11 pm to
quote:

Anyone on his team have a history of withholding exculpatory evidence?
No, actually.



liar.

seriously, what is it with you filth?

you people lie constantly.
Posted by Mephistopheles
Member since Aug 2007
8394 posts
Posted on 2/21/18 at 1:27 pm to
I know. It's just not kosher to be on the internet and make a claim and then not back it up as if lives depended on it.

But at the same time, just replying with "link please", as if I'd just thrown some information that no one could possibly have known or can even find now, it's not good form either. Because while it may take me a good 10 minutes to an hour to find the relevant links, you can just dismiss it as fake news in a few seconds without ever bothering to consider the information before you.

"Link please" is the start of any good sea-lion. This is information that is out there and that someone who posts dozens of times a week or more on the subject of politics should be aware of if they're not actively avoiding it. But since you do actually post substantive and considered stuff...

quote:

Mr Flynn also received $65,000 from three Russian firms, including RT, a television network, in connection with a speech-making trip he took to Moscow in 2015. He failed to disclose the trip or income on his security-clearance forms; the payment also violated rules against retired military personnel receiving money from foreign governments without permission.


LINK

18 USC 207 sets out what retired officers (amongst others) can or can't do. OGE Legal advisory 16-08 is relevant here. So I'll link it. (Actually I'm too lazy to find it on the OGE site so I'll link a Google search that gives it as the first result)

LINK

If that doesn't work just google "legal advisory 16 08 post government employment" without the quotation marks.

I can't really pick just one bit of it out, parts have to be taken together to see where, IMO, Flynn went wrong by accepting payment or reimbursement from an entity of the Russian Government (I.E. the section on it being a purely social function isn't relevant because it's a matter in which the US has a substantial interest).

Is that enough for starters?


The other stuff I'll admit I'm not as familiar with, the kidnapping plot sounds wild, it does seem like he took $530k from Turkey and then tried to launder it. Susan Simpson (she's part of Undisclosed, the Adnan Syed podcast follow up to Serial) really went hard on the documents relating to that. But I'm unable to find where she wrote it all up at present.

Eta: here's a PDF from feinsteins office detailing Flynn's activities

LINK

Second result.
This post was edited on 2/21/18 at 1:36 pm
Posted by BBONDS25
Member since Mar 2008
57214 posts
Posted on 2/21/18 at 1:39 pm to
You realize that he was told he didn't need to disclose that information. Second, it wasn't a secret he was there. Why would he try to hide it? Third, your interpretation of the us having a substantial interest is not one based in the law. Additionally, the code you cite specifically states as an element the former officer must be representing someone else and attempting to influence.

You see...this is why I asked you to elaborate. I wasn't sure if you actually understand the Code and could make a cogent argument. Alas...you cannot.
This post was edited on 2/21/18 at 1:45 pm
Posted by Volatile
Tennessee
Member since Apr 2014
6146 posts
Posted on 2/21/18 at 1:44 pm to
quote:

That is pretty much the norm, no?


Yes, it’s called a Brady disclosure after the case establishing that right.

It’s done all the time. It’s required.
Posted by Decatur
Member since Mar 2007
31777 posts
Posted on 2/21/18 at 1:45 pm to
quote:

Well this is interesting


It’s really not.



/Silliness

Posted by TigerDoc
Texas
Member since Apr 2004
11530 posts
Posted on 2/21/18 at 1:51 pm to
first pageprev pagePage 5 of 7Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram