Regarding D.C. Circuit v. Flynn:
Go Ahead, Kid Me
New York Sun,
by
Editorial
Original Article
Posted By: Pluperfect,
9/4/2020 4:58:35 AM
What’s the best move for President Trump in the fight for a just outcome in the case against General Michael Flynn? The question has become acute in the wake of Monday’s ruling by the full District of Columbia Circuit. It overruled an order that would have forced the district court to dismiss the case against the general. The circuit opened the door to an investigation of the Justice Department by the district court itself.
This puts Mr. Trump in an excruciating spot. Does he unsheathe the pardon to clear the general, letting the Devil take the hindmost? The pardon is recommended by one of the greatest constitutional tribunals in the country,
Reply 1 - Posted by:
DCGIRL 9/4/2020 5:11:51 AM (No. 530956)
President Trump, just pardon this poor man. Once pardon, have no mercy on everyone involved. Including that dirty Judge Sullivan....fry him.
13 people like this.
Reply 2 - Posted by:
watashiyo 9/4/2020 5:30:02 AM (No. 530962)
How can one Judge, Excrement Sullivan, over-rule the President, the Supreme and rest of the spineless legal professional Bar holders? Sullivan is not the country's legal authority nor God. Somebody could deal with him for sure. Don Corleone, where are you!!!
21 people like this.
What if the DoJ prosecuting attorneys just don't show up or respond to Sullivan? Then what? Will the Faux Judge hold the DoJ in contempt?
18 people like this.
Reply 4 - Posted by:
Krause 9/4/2020 6:10:54 AM (No. 530976)
This is what happens when courts become political. Involved judges should be removed from the bench, permanently.
36 people like this.
Reply 5 - Posted by:
Bur Oak 9/4/2020 7:53:48 AM (No. 531052)
Unfortunately this needs to play out. A pardon at this point will be look at as an admission of guilt by General Flynn. Don't count on judges to administer justice. Congress could fix the judicial system. Every political race is important. Vote like your freedom depends upon your vote, it does. Vote in person.
30 people like this.
Reply 6 - Posted by:
clayusmcret 9/4/2020 9:32:41 AM (No. 531143)
While I'd love for Trump to put an end to this, the bigger question must be answered at SCOTUS. Can a principally politically motivated judge ramrod the DOJ and citizens' rights for his own personal amusement? The answer should be a clear and concise "No!"
20 people like this.
Let's just ignore the actions of the FBI, DOJ and others who may have been involved in "setting up" Flynn. Let's just ignore two guilty pleas, made under oath and never withdrawn, reportedly wrung out of a protective father to save his son. Let's ignore other potential charges against Flynn, such as his failure to register as a foreign agent, which are still hanging out there. Let's ignore how he came to "hire" his original defense team, which is now labeled incompetent and accused of having interest in seeing him quieted, and their role in his pleas. Let's ignore Flynn's presumed "cooperation" with DOJ in the collusion hoax that was part of his sentencing agreement.
Let's just walk away from all this. We just don't want to know.
Impeach Judge Sullivan!
6 people like this.
Agree with #5, let it play out. After all, it's kept the discovery process open, and more information has come out in the last year than when Gen. Flynn had his original law firm handling the case.
What would be amazing is to have the DOJ show up at the next hearing, and divulge the malfeasance in open court by the previous prosecutors and Gen. Flynn's original lawyers.
The worst thing the prosecution did was NOT sentence Flynn nearly two years ago when they could have, and it begs the question, WHY?
What kept them from sentencing him? Why did they keep delaying the sentencing?
There's a reason.
5 people like this.
Reply 9 - Posted by:
jfodoch 9/4/2020 11:35:03 AM (No. 531306)
I very naively thought that upright attorneys, and I'm almost sure there are some, who would comment regarding the actions of this creature of a judge -- don't they know that he is discrediting the entire profession? Did I mention that I'm naive?
8 people like this.
Reply 10 - Posted by:
lakerman1 9/4/2020 12:01:22 PM (No. 531334)
#8, the prosecutors were hoping to flip Flynn so that he would testify against the President.
4 people like this.
Reply 11 - Posted by:
Strike3 9/4/2020 12:04:12 PM (No. 531340)
Yes, it has been proven that Michael Flynn did nothing wrong and the FBI has admitted to setting him up. Pardon him now and reimburse him for all damage to his life and reputation. These corrupt judges are nothing but democrat stooges and their games should be stopped by an adult.
3 people like this.
Reply 12 - Posted by:
Califedup 9/4/2020 12:22:38 PM (No. 531356)
If President Trump is re-elected and if the republicans gain control of the House of Horrors and get a 60 vote majority in the Senate, one of the first critical task that must be performed in order to ensure this country's continued existence is to impeach and remove all of these unfit, political hack justices and judges starting with the Chief Terrorist Justice Roberts and the rest of the Obama Supreme Court judges including that fat fraud wise Latina. A wholesale removal of all these hack, traitorous judges needs to occur on Day One. In addition, no more lifetime judges. Mandatory retirement at 72 years of age is a must.
The communist democrats, the media, the judges, the teachers union, the tenured professors, the bureaucrats all must be ruthlessly removed from their positions of power otherwise our country will not survive.
3 people like this.
If I were president and/or AG I would put the legal shoe on the other foot and tell Sullivan to take his minute order and go pound sand. It is clearly an infringement on the seperation of powers and if you want a hearing where the DoJ participates you are the one who will have to try and take it to the Supreme Court who will not touch it with a 10 foot pole in an election year. In the very end Trump will likely have to issue a pardon if he loses the election but in the mean time there will be no circus in Sullivans kamgaroo court. The DoJ position would be the court cannot compel us to participate in your "investigation" into our motives. You are not a prosecutor. You are a judge. When there is no controversy you have no role.
When that idiot judge says Flynn committed perjury when he plead guilty and he needs an amicus to see if he can act as judge and prosecutor in a perjury trial I'd like to ask why he doesn't prosecute every defendant who pleas innocent and is then convicted for perjury? Didn't the defendants who said innocent to him all lie too? A plea is not testimony you numbskull. That is why you don't administer an oath. Unlike testimony you cannot legally compel a defendant to even enter a plea.
3 people like this.
Reply 14 - Posted by:
mathman 9/4/2020 2:05:40 PM (No. 531455)
Come on, man.
It is Obama who is at risk here.
Letting Flynn go will open the can of worms about who authorized his persecution.
And we cannot have that. Obama is the Light-Bringer. He told us so himself.
So Flynn must dangle in the wind. The Deep State protects its own.
And a lot of Deep State members are Never Trumpers. They started the minute he came down the escalator.
3 people like this.
Reply 15 - Posted by:
DVC 9/4/2020 2:55:22 PM (No. 531494)
A pardon leaves the stench of guilt. Let the process run. If, by some horror show of fraud, Biden wins, THEN pardon him.
Judge Sullivan needs to be impeached.
2 people like this.
Reply 16 - Posted by:
bighambone 9/4/2020 5:00:53 PM (No. 531609)
The question is what does “appropriate dispatch” mean to a clearly politicized Judge in a clearly highly political case? Obviously to this Judge who just issued a “Minute Order” designed to delay the case indefinitely, and at least past the election, it served as part of the Democrat dominated Circuit Court’s “wink and a nod” opinion to continue to do as he wishes and slow walk the matter past the election.
The next step for President Trump is to have the Department of Justice file a quick appeal to the US Supreme Court and find out what the five liberals on that court will decide. As it stands now, while Trump could pardon Flynn for not being truthful during the FBI interview, as indicated in the article, the Judge may not accept the pardon and continue slow walking the matter past the election, and then if Trump were to loose the election and even if Trump pardoned Flynn for the current charge, as both the Judge and Barack Obama have suggested, Flynn should be additionally charged with perjury for being untruthful in the Judge’s courtroom when Flynn plead guilty back last year. If that happened the whole trial circus would start all over again, as with his current representation, there is no way that Flynn would plead guilty to perjury.
With what has happened with all the Democrat judges ruling against Flynn, and Obama himself suggesting that an additional criminal charge be lodged against Flynn, it’s a sure bet that the leftist and liberal Democrats do not want Flynn out there, with the criminal charge against him dropped, before the November election telling his story from beginning to end, as it is a sure thing that Flynn knowns where a lot of the old Obama-Biden Administration anti-American “bones” are buried relating to Obama-Biden Administration dealings with Iran and in the Middle East.
2 people like this.
#13 - "A plea is not testimony you numbskull. That is why you don't administer an oath."
You might want to check out the Federal plea process.
Federal Rules of Criminal Procedure, Rule 11. Pleas
(b) Considering and Accepting a Guilty or Nolo Contendere Plea.
(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court.
Flynn was twice put under oath regarding his plea. He swore before the court that he 1) committed the crime, and 2) that the plea was voluntary and did not result from force, threats, or promises (other than promises in a plea agreement). Flynn was offered the opportunity to withdraw his plea by Judge Sullivan. Flynn was given extra time to consider...and again pled guilty.
Flynn was advised by the court of the government's right, in a prosecution for perjury or false statement, to use against the defendant any statement that the defendant gives under oath. So, Flynn's conundrum is if he now claims innocence, he has a perjury problem. He has never asserted innocence, and this case centers on the government's request for dismissal for lack of untainted evidence. AG Barr and DOJ still contend Flynn committed a crime. Flynn swore he did. And there are other Flynn "crimes" out there that DOJ can still charge. Judge wants to know DOJ's intentions.
Flynn twice swore to the court that his pleas were made without coercion. He can't now claim otherwise...another perjury conundrum. This is why the fight for dismissal...during which you will not hear claims of innocence. Being set-up or railroaded is not the same thing.
1 person likes this.
Reply 18 - Posted by:
bighambone 9/4/2020 8:47:13 PM (No. 531785)
Why would Flynn’s first team of high powered lawyers allow Flynn to plead guilty to lying to FBI Agents when they should have known that the involved FBI Agents did not believe that Flynn lied to them?
1 person likes this.
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