Michael Flynn Judge Just Told the D.C.
Circuit Why He Refused to Immediately
Dismiss Prosecution
Law & Crime,
by
Matt Naham
Original Article
Posted By: earlybird,
6/1/2020 5:49:18 PM
A much-anticipated explanation from the federal judge presiding over Michael Flynn’s criminal case was submitted on Monday in the U.S. Court of Appeals for the District of Columbia Circuit.(Snip)
Here’s what the 46-page filing said in the opening lines:
The unique facts of this case warrant evaluation by the trial judge before any review by this Court.
It is unusual for a criminal defendant to claim innocence and move to withdraw his guilty plea after repeatedly swearing under oath that he committed the crime. It is unprecedented for an Acting U.S. Attorney to contradict the solemn representations that career prosecutors made time and again
Reply 1 - Posted by:
Folsomguy 6/1/2020 5:56:03 PM (No. 428744)
And they call this goof a judge???
81 people like this.
Reply 2 - Posted by:
BarryNo 6/1/2020 6:03:40 PM (No. 428749)
Yes, add the judge to the investigation into criminal activities and abuse of power against Flynn. There should be punishment for all involved who perpetuated this disgusting miscarriage of justice.
91 people like this.
Reply 3 - Posted by:
DVC 6/1/2020 6:05:00 PM (No. 428750)
Let's hope the Appeals Court quickly assigns this to another judge and/or directs that the case be dismissed.
80 people like this.
Reply 4 - Posted by:
msjena 6/1/2020 6:05:22 PM (No. 428751)
46 pages? Yikes! I'm pretty sure the court wasn't expecting a novel.
48 people like this.
Reply 5 - Posted by:
Nimby 6/1/2020 6:07:13 PM (No. 428753)
He doesn’t seem to understand that he is an umpire, not a QB
86 people like this.
Reply 6 - Posted by:
HPmatt 6/1/2020 6:13:24 PM (No. 428761)
Hope Flynn can raise another $6 million to help the judge here litigate all sides some more. He’s already incurred $6 million in legal fees over 4 years. Don’t go dying on us Flynn -everyone is making too much money off of you...
29 people like this.
Reply 7 - Posted by:
john56 6/1/2020 6:16:04 PM (No. 428764)
If this were just about anywhere except (1) DC (2) NY and (3) the 9th Circus, the Judges would look at this 46 page report, say Thank you, Judge, and require that he dismiss the case. And then go out for drinks and maybe a round of golf.
32 people like this.
Reply 8 - Posted by:
zephyrgirl 6/1/2020 6:16:36 PM (No. 428765)
Nevermind that all the DOJ had no basis for their interview of Flynn, he wasn't Mirandized during it, Lisa Page and Peter Strozk rewrote the 302 document, the DOJ threatened to charge Flynn's son, but didn't disclose it as part of the plea deal, the DOJ refused to hand over documents that could have exonerated Flynn (in spite of the judge's own Brady order), hid those documents for over two years, and that Flynn's first lawyers had a conflict of interest and leaned on him to plead guilty to save their own hides. Nope - all that matters is that Flynn pleaded guilty twice and it is "unprecedented" - not.
74 people like this.
Reply 9 - Posted by:
MindMadeUp 6/1/2020 6:17:18 PM (No. 428767)
So once they coerce you into a guilty plea, they own you no matter that you did nothing wrong.
56 people like this.
Don't really know if what this judge is doing is normal or not but, it sure seems like people are out to get Flynn by hook or by crook.
51 people like this.
Reply 11 - Posted by:
chase9365 6/1/2020 7:02:04 PM (No. 428814)
Flynn plead guilty to the BS charges because the Dingo was about to eat his baby!
45 people like this.
Reply 12 - Posted by:
FLCracker 6/1/2020 7:06:28 PM (No. 428820)
Lawyers.
They have twisted the law into something only someone with a 4-year-plus degree can hope to understand.
If new evidence can get you a new trial or a verdict overturned, why can't it get a dismissal before a sentencing? Especially when all parties, except the judge, agree it should be dismissed?
27 people like this.
Reply 13 - Posted by:
czechlist 6/1/2020 7:16:21 PM (No. 428832)
There is something deeper here than his dedication to law. Sullivan is hiding something or protecting someone
70 people like this.
Reply 14 - Posted by:
cheeflo 6/1/2020 7:22:40 PM (No. 428837)
He seems to forget that Eric Holder dropped charges against the Black Panthers for threatening voters at the polls in 2008, after the DOJ had won the case.
49 people like this.
Reply 15 - Posted by:
moonlightflip 6/1/2020 7:36:34 PM (No. 428841)
"Judge" is another word that has lost all meaning. "Expert' is another one.
32 people like this.
Reply 16 - Posted by:
seamusm 6/1/2020 7:57:29 PM (No. 428848)
As if Flynn really cares that the previous prosecutors committed fraud in securing Flynn's under-duress guilty plea.
9 people like this.
Reply 17 - Posted by:
seamusm 6/1/2020 7:58:09 PM (No. 428849)
erratum - 'Sullivan'
7 people like this.
Once again Judge Sullivan shoes he doesn't understand what this case is all about. He is still trying to convict LTG Flynn of treason for legally representing Turkey (an ally) after resigning from the Army and before he joined Team Trump.
9 people like this.
Bla bla bla I'm a liberal PIAPS supporter, nuff said
14 people like this.
correction: shows
7 people like this.
Reply 21 - Posted by:
jeffkinnh 6/1/2020 8:21:55 PM (No. 428861)
Sullivan mentioned that he wants "Judge Gleeson ... to address whether initiating a contempt proceeding here would be appropriate". Flynn should be held in contempt because he was framed by a criminal government, bullied, coerced, betrayed by his lawyers, and assaulted by the judge as a treasonous defendant? We are really in crazyland now. It is the prosecution that has treated the court with contempt and Sullivan himself who has cast aside objectivity to persecute Flynn and prolong this criminal conspiracy.
No, Sullivan has not yet ruled. In reality, there is no reason to prolong Sullivan's showboating. The only required action is that he dismiss the charges. Why should Flynn be subjected to more delays and costs and appeals? So that Sullivan can have his say?
This delay is garbage. Sullivan has the hots for Flynn and it would be interesting to know why? But not now. Finish this.
29 people like this.
Reply 22 - Posted by:
Truth Czar 6/1/2020 8:28:41 PM (No. 428863)
Judge Sullivan was directed by the DC Court of Appeals to respond to the Writ of Mandamus. Instead the judge hired an outside lawyer (Wilkinson) to perform the work assigned to him. Why is this judge, unable/unwilling to perform his responsibilities, still getting paid? Is the taxpayer footing the bill for Wilkinson to perform the judge's job? The Court of Appeals should reject Wilkinson's work product and cite Sullivan for failing to respond. The Court of Appeals, in the interests of Justice, should then reassign the case to a competent judge for dismissal.
25 people like this.
Reply 23 - Posted by:
msjena 6/1/2020 8:37:57 PM (No. 428865)
The only issue is whether the judge can deny the unopposed motion. All of the stuff about the guilty pleas and the alleged lies is irrelevant to that issue. This is not a plea bargain where the judge has discretion as to sentencing. It is a separation of powers issue and the prosecution, part of the executive, makes the decision as to whether to prosecute.
21 people like this.
And do not forget that LTG Flynn's first "defense" team was under pressure from the Obama DOJ over the firm's own possible wrong doing and induced to counsel LTG Flynn to plead guilty. So, he was represented and advised by corrupt and incompetent counsel who should have withdrawn themselves from the case.
24 people like this.
Reply 25 - Posted by:
Chuzzles 6/1/2020 10:09:10 PM (No. 428930)
It is also unprecedented for the FBI to coerce false statements out of the suspect, not to mention really unprecedented for the defense attorneys and the prosecutors to cook up a secret side deal that keeps the defendant on the hook and testifying under false assumptions too. Lots of unprecedented behavior judge and all of it in your court and allowed by you. You should be impeached, disbarred and rode out of town on a rail.
18 people like this.
Reply 26 - Posted by:
curious1 6/1/2020 10:13:02 PM (No. 428932)
#23, legally, he can't.
Doesn't mean he won't try, but he is then looking at an epic public smack-down by the circuit court. Come to think of it, in my opinion, that's what he is going to get, anyway, given his behavior.
13 people like this.
Reply 27 - Posted by:
judy 6/1/2020 10:41:40 PM (No. 428954)
His lawyer represented Hillary’s lawyer free! This so called judge cannot handle being wrong.He wants to be judge, jury & prosecutor.
9 people like this.
Reply 28 - Posted by:
DVC 6/1/2020 10:46:22 PM (No. 428960)
46 pages of smoke, mirrors and moonshine. Sullivan has nothing, is going to be slapped down, I will bet.
9 people like this.
Reply 29 - Posted by:
MDConservative 6/1/2020 11:32:06 PM (No. 428990)
We shall see...
7 people like this.
Reply 30 - Posted by:
Trigger2 6/2/2020 2:19:17 AM (No. 429045)
The stupid corrupt judge had nothing to say about coercing Flynn into signing a false confession after he was threatened and made financially bankrupt to take on the corrupt FBI and DOJ. Apparently the judge thinks that part was okay and he wanted Barry the Destroyer to get a win.
11 people like this.
Reply 31 - Posted by:
Wizard of is 6/2/2020 5:00:56 AM (No. 429076)
Excuse my impertinence, but who paid for this 46 page tome? Not the judge I’ll bet.
8 people like this.
Reply 32 - Posted by:
DCGIRL 6/2/2020 5:02:08 AM (No. 429077)
Something serious needs to happen. Our justice system CAN NOT let this judge get away with this because if he does then he sets the standard that any judge can do this. This needs to be squashed NOW and this judge needs to be removed from all future responsibilities. He is a hazard to our justice system.
23 people like this.
Reply 33 - Posted by:
Judy W. 6/2/2020 6:39:36 AM (No. 429119)
Eleven members of the House of Representatives submitted an excellent 16-page amicus brief focusing on separation of powers, and what Congress has done to define the separation over the years. It points out that all of the cases cited by the so-called Watergate prosecutors’ brief actually contradict their argument. It is a fine piece of constitutional and legal reasoning. I don’t have a link, unfortunately, just a PDF.
7 people like this.
Reply 34 - Posted by:
gone2pot 6/2/2020 7:24:10 AM (No. 429156)
Flynn's life must stay destroyed otherwise the deep state will suffer its first loss and open up a tiny crack into indictments of criminal misconduct done by the FBI against Flynn and against the president. That is never going to happen. If you think the deep state has suffered any loss at all, you are not looking at the lack of any consequences visited upon the deep state. They have ONLY been rewarded and promoted by the Marxists and their media for their crimes. Only words and furrowed brows have been the actions of the GOP and DOJ in spite of the Jupiter sized mountain of evidence detailing the deep state crimes and detailing the FBI blackmail crimes against Flynn. Sullivan is waiting for the next election, assuming a Marxist-deep state executive branch which will happily keep Flynn's life destroyed. They'll probably also have free reign to destroy Sydney Powell. There will be nothing but a back and forth until the election. If Trump wins, the back and forth will continue until it gets to the Supremes. How do you think John Roberts will rule?
10 people like this.
Issue the writ today and require Sullivan to dismiss the case today. Any further delay is a victory for the bad guys. Their go-to tactic of indefinitely delaying an inevitable reckoning has been critical to their entire campaign of resistance and must be met with swift decisive tactics of our own. The good guys don’t play hard enough!
13 people like this.
Reply 36 - Posted by:
Dodge Boy 6/2/2020 8:21:55 AM (No. 429205)
Sullivan, how much did you contribute to Obie's and Billary's presidential campaigns? We would like to know. When is the last time you spoke to either of them?
9 people like this.
Reply 37 - Posted by:
Rinktum 6/2/2020 8:30:53 AM (No. 429212)
The deep state is doing everything to prevent this case from being dismissed because that will be the beginning of the end for the Obama cabal. This case is the lynchpin and there is no way the DS is going to allow it to be dismissed because the real crime points right back to the FBI and DOJ. Gen. Flynn is going to have to duke it out until the very end. The DS is hoping to keep dragging their feet in any way possible until after the election with the hope that they can defeat the President and bury the investigation.
12 people like this.
Reply 38 - Posted by:
MickTurn 6/2/2020 8:41:53 AM (No. 429229)
Mr. Sullivan, maybe you need to READ the documents that PROVE Flynn was coerced into signing a guilty plea by the Communist Dictator tactics of the FBI and Mueller Thugs. You DO know how to read, right?
6 people like this.
Reply 39 - Posted by:
msjena 6/2/2020 8:47:50 AM (No. 429235)
Having read Sullivan's brief and Fokker, again, this should be a no-brainer for the Court of Appeals. But as we have seen many times, courts don't always follow the law if they disagree with it for political reasons. This is an absolute corruption of the legal process, which is supposed to blind (ha ha). The most recent example is Justice Roberts ruling that local governments can treat churches the same as the Home Depot and liquor stores when imposing emergency rules. He was sending a message to Trump that he didn't get to decide what was essential.
6 people like this.
Reply 40 - Posted by:
Zumkopf 6/2/2020 10:27:18 AM (No. 429364)
That headline is extremely misleading. J. Sullivan didn't "explain" anything; he took 46 pages to say "I haven't ACTUALLY ruled yet, so get the f off my back."
Excuse me, Beth Wilkinson said that. Sullivan apparently couldn't muster even that much argument on his own behalf.
5 people like this.
Reply 41 - Posted by:
Heil Liberals 6/2/2020 12:46:46 PM (No. 429621)
Correct me if I’m wrong, but didn’t General Flynn plead guilty under the the duress of threats to prosecute his son for other imagined and trumped-up charges? Wasn’t his primary motivation to avoid the absolute financial destruction of his entire family? Wasn’t this all the result of the FBI’s and DOJ’s illegal acts during the Obama administration’s last weeks?
4 people like this.
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Never mind that there is no there there…. and that the guilty plea was coerced ...