Instead Of Dismissing, Michael Flynn Judge Opens His Court To Litigate Russiagate

[mystery-ak]

 Instead Of Dismissing, Michael Flynn Judge Opens His Court To Litigate Russiagate
Absent reconsideration or reversal of his order, Judge Emmet Sullivan has just ensured that the Russia collusion hoax will be relitigated on the federal docket.

By Margot Cleveland
May 13, 2020

Late on May 12, the federal judge presiding over the Michael Flynn criminal case entered a short order announcing to the world his intent to accept outside briefing on the Department of Justice’s motion to dismiss the charges against Flynn with prejudice. Absent reconsideration or reversal of that order, Judge Emmet Sullivan has just ensured that the Russia collusion hoax will be relitigated on the federal docket.

While Flynn’s connection to the broader Russia conspiracy theory was tangential, he was caught up in the plot to take down the president when FBI agents discovered he had spoken with the Russian ambassador in late December 2016. Realizing they could use the Russia collusion investigation as a pretext to quiz Flynn on this conversation, FBI Agent Peter Strzok intercepted the documents closing the investigation into Flynn, then led a casual chat with Flynn, designed to trip up the newly named Trump national security advisor.

The ploy worked, and Flynn’s responses to the Strzok’s questioning served as a sufficient predicate for a charge of making false statements to government officials under Section 1001. Flynn later pleaded guilty in late 2017 to the charge that he lied to the FBI concerning his conversations with the Russian ambassador. Shortly after Flynn entered his guilty plea, the case was transferred to Judge Sullivan. A year later, the retired lieutenant general appeared before Judge Sullivan for sentencing.

more
https://thefederalist.com/2020/05/13/instead-of-dismissing-michael-flynn-judge-opens-his-court-to-litigate-russiagate/

[Cyber Liberty]

I think it's time to go ahead with the Pardon.  The crooked Clinton Judge just bought a smack-down.

[aligncare]

I get the impression that this judge brought his partisan bias to the bench.

Shame on him.

[EdinVA]

Trying to string it out to force Trump to pardon Flynn... gives the dems some more mud to sling??

[Cyber Liberty]

Usually a Pardon is given after the trial plays out, and this one has.  The crooked Clinton Judge is the only player in this game trying to drag it out, in an attempt to add evidence after the fact.  The Defense and Prosecution agree the case should be thrown out.

[aligncare]

If people like this judge and others, like the corrupt hypocrite, Eric Holder, keep this up, this shit is gonna cascade out of control and get real.

People who are sitting at home—financially ruined with the Wuhan, watching TV, and seeing the dirty institutional corruption within the bureaucracy and politics—could easily reach their breaking point, imho.

[skeeter]

I didn’t know a judge could refuse the prosecution’s request to drop charges.

Of what use is a defense, prosecution and jury? 

[Cyber Liberty]

I didn’t know a judge could refuse the prosecution’s request to drop charges.

He can, because the current situation is a defendant who's entered a Guilty Plea and is awaiting sentencing.  That said, judges ignoring a Prosecutor's decision to drop the charges is something I, not being a lawyer, have heard of happening.  This attempt by the Judge to rehabilitate a crooked prosecution is just making himself look so bad that Flynn will get a pardon, and it will be difficult to make the case that Trump acted improperly to do so. 

Of course, it will happen with near-universal condemnation by the leftist press.

[aligncare]

I just heard that during the trial, Judge Sullivan would not allow any—and there were many—amicus requests supporting General Flynn. So why now does he see any benefit to this unprecedented allowance for opposing amicus briefs after Flynn has already been declared guilty?

[Bigun]

I think it's time to go ahead with the Pardon.  The crooked Clinton Judge just bought a smack-down.

NO! @Cyber Liberty  I want it dropped and Flynn completely exonerated!

Judge Emmet Sullivan Likely Committed Reversible Error In Taking The Guilty Plea of General Michael Flynn

Snip

Judge Sullivan screwed up the factual basis of the guilty plea entered by Gen. Flynn, and the procedure he employed was unsound and violated Rule 11 of the Federal Rules of Criminal Procedure. 

Federal Rule of Criminal Procedure Rule 11(b)(3) states:  Determining the Factual Basis for a Plea. Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.  That means the Court must determine there are facts which satisfy each element of the charged offense before the Court can “enter judgment” against a defendant based on a guilty plea.

Excerpt: Rest at above link

[Cyber Liberty]

NO! @Cyber Liberty  I want it dropped and Flynn completely exonerated!

Judge Emmet Sullivan Likely Committed Reversible Error In Taking The Guilty Plea of General Michael Flynn


Snip

Excerpt: Rest at above link

The Judge who made all those errors will not throw out the case he bungled.  This is clearly a partisan Judge who doesn't care if Flynn succeeds on appeal. 

Evidence has been presented the Plea Bargain was a result of fraud by one of the parties.  Prosecutors get plea deals thrown out every day on the grounds of fraud on the part of defendants.  If this Judge refuses to throw out the case, he'll likely lose on the first appeal.

[truth_seeker]

I heard it is a matter whereby the DOJ(executive), the charging body, and the  Court (Judiciary) are separate branches. 

[Cyber Liberty]

I heard it is a matter whereby the DOJ(executive), the charging body, and the  Court (Judiciary) are separate branches.

The only Court in the Judicial Branch of the Constitution is the SCOTUS.  All inferior courts are creations and under the purview of the Legislative Branch.  that said, your point that it's a collision between two branches is absolutely correct.