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Message
re: Judge Sullivan asks judge to look at whether Flynn could be held in criminal contempt
Posted on 5/13/20 at 9:36 pm to boosiebadazz
Posted on 5/13/20 at 9:36 pm to boosiebadazz
You think Flynn is guilty?
1
Posted on 5/13/20 at 9:37 pm to boosiebadazz
quote:
Was it unethical for the three years or was pursued and if so, did the prosecutor know this and maintain it anyway?
Yes and yes.
quote:
It’s forest for the trees, but in a way Sullivan is holding DOJ accountable by this recent move. If he dismisses it then it all gets swept under the rug
Under the same rule 11 Sullivan could hold the previous prosecutor accountable for his dishonesty before the court.
quote:
If he dismisses it then it all gets swept under the rug.
No. He could serve justices by ending this ordeal for Flynn and go after the shitbag prosecutor.
Posted on 5/13/20 at 9:37 pm to roadGator
quote:
If the prosecution doesn’t show up...
I’d have to look it up but I’m betting he still wouldn’t have to dismiss and could hold the prosecutor in contempt.
It’s definitely an unheard of scenario though
Posted on 5/13/20 at 9:37 pm to roadGator
I think the entire idea of criminal culpability for allegedly lying to FBI agents when the interview is neither recorded nor transcribed is a fricking farce.
I don’t know what Mike Flynn told them so I can’t say whether he is guilty or innocent.
I don’t know what Mike Flynn told them so I can’t say whether he is guilty or innocent.
Posted on 5/13/20 at 9:38 pm to boosiebadazz
quote:
I don’t know what Mike Flynn told them so I can’t say whether he is guilty or innocent.
We know the agents at the time of interview found him truthful.
Posted on 5/13/20 at 9:39 pm to Antonio Moss
I hope no one has to face the prosecution dropping the case where the judge says oh hell no because a dem appointed him ever again.
I now see why appointing judges is so important. That’s sad though.
I now see why appointing judges is so important. That’s sad though.
Posted on 5/13/20 at 9:49 pm to Antonio Moss
quote:
I’d have to look it up but I’m betting he still wouldn’t have to dismiss and could hold the prosecutor in contempt.
Based on DC Circuit jurisprudence, Sullivan has no discretion on this issue, as the motion is with prejudice and cannot be for the purpose of re-litigating the claim.
US v Fokker
Posted on 5/13/20 at 9:49 pm to roadGator
Sullivan was first made a judge by Reagan
Posted on 5/13/20 at 9:50 pm to Redleg Guy
No shite. His current post was from Clinton. Piss off, capt obvious.
Posted on 5/13/20 at 9:51 pm to Athanatos
But the "claim" was not a perjury charge. Thus, is it possible the judge is talking about potential perjury during the proceeding? Did Flynn testify in some fashion during the proceeding?
Posted on 5/13/20 at 9:55 pm to Zachary
I was just talking about the dismissal. I assume the perjury charge would be based on Flynn’s previously entered guilty plea.
Posted on 5/13/20 at 9:56 pm to boosiebadazz
quote:
but there is a procedural issue in that the Court accepted the plea and now Flynn is subject to the sentencing and jurisdiction of the judge having plead guilty
So what happens if Flynn withdraws his plea? I know the Court isn't required to allow it, but if he withdraws it, and the prosecution is dropping charges, how in the world could the judge ACTUALLY try the case?
I've heard of someone being "judge, jury and executioner" but this would add prosecutor to the list.
Posted on 5/13/20 at 9:58 pm to Big Jim Slade
quote:
held to a higher standard as officers of the court
Posted on 5/13/20 at 10:00 pm to Indefatigable
quote:
Can the appellate court remove a trial judge for cause?
No
So what happens if on appeal the defense argues the judge should have recused himself and the appellate court agrees? Wouldn't their motion to remand state that another judge would have to hear the case?
Posted on 5/13/20 at 10:00 pm to boosiebadazz
quote:
So what now has changed? I don’t see how Flynn and Van Grack can both come out of this unscathed. The two are mutually exclusive at this point and Sullivan seems like he’s sticking his boot up one of their asses.
First of all, if you think that Sullivan is going after Van
Grack you must suck as a lawyer bc you cannot infer anything. Judge S is now attempting to argue VanGs fricking case.
Second of all. As far as rule 11 goes, it requires you to withdraw a statement you realize is false, you know, like a guilty plea that was entered bc the Prosecution entrapped you and so your plea wasn’t knowing and voluntary??
Flynn has submitted evidence that his Plea was coerced. Thus. It’s not a valid plea, under the same logic that it wouldn’t be a valid civil contact, bc consent is vitiated by Duress. There’s no fricking Rule 11 violation based on the plea bc he’s attempted to withdraw it since the time he’s retained the brilliant Ms. Sidney. In fact if he HADNT moved to withdraw it, his conduct would be rule 11 sanctionable.
Moreover, as I understand it, the judge threatened to hold Flynn in contempt bc his lawyer filed an objection??? Lawyers are supposed to object.
Judge Sullivan should be defrocked if not disbarred for this shite.
This post was edited on 5/13/20 at 10:07 pm
Posted on 5/13/20 at 10:00 pm to Quidam65
Flynn has already filed a motion to withdraw his plea. The judge has not ruled on it.
Posted on 5/13/20 at 10:01 pm to Wednesday
That’s so hot.
Posted on 5/13/20 at 10:02 pm to roadGator
Posted on 5/13/20 at 10:03 pm to boosiebadazz
quote:
Flynn has already filed a motion to withdraw his plea. The judge has not ruled on it.
So how is his guilty plea subject to a Rule 11 charge if he’s already attempted to withdraw it. Rule 11 requires you to remove a statement that was later shown to be false. Flynn has actually COMPLIED with the rule the judge is “charging” him with contempt for violating
Posted on 5/13/20 at 10:04 pm to Wednesday
Oh grrrrl.
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