Posted on 05/12/2020 4:10:23 PM PDT by CaptainK
Interesting comment. The judge does this to put the defendant in a position not to walk back his plea at some point in the future. Judges and others know that people sometimes plead guilty for their own reasons even if they are innocent; just like guilty people plead their innocence in order to see if they can get a better deal - including having the charge dropped. In a case where there is hard evidence (and missing evidence mind you) that the prosecutor lied to the court, the prosecutor had to lie to the defendant. Who is to be held to the higher standard here? To me its a no- brainer. If the prosecutor did not feed the court fruit from the poisonous tree, yes, then hold the defendant to his plea. But if the prosecutor lied not only once but repeatedly to the court, do you really think there was no coercion or worse with regards to the defendant? DOes the defendant have to pay with his freedom because of a dirty prosecutor?
What the hell is he going to do? Force the prosecutor to reinstate the case?
We need a process to remove tyrannical judges.
WRONG!!!!!!!!!!!!!!!!!!!!!!!!!
He plead guilt to what THE PROSECUTION told him was a crime. Now he finds out they lied to him, he is more than entitled to withdraw it.
Why the f**** is this even going on after the charges have been ‘dropped’ CITING FBI MISCONDUCT!?!?!?!?!?
Can Barr overrule Sullivan?
Can Sidney take it to SCOTUS?
Perhaps a motion for the judge to recuse himself would be called for. Amicus briefs will be accepted.
He can’t, practically speaking.
While I need to do more legal research here, on the theory that the judge would reject Flynn’s plea withdrawal, and sentence him. Then the appeal would be made on the fact that the DOJ attempted to drop the charges. It would be a legal mess, but at least the Clinton mafia would have no reason to visit this judge.
Barr should file a brief which says, “the obama DoJ conspired with bad actors in the FBI to run a fraudulent investigation targeting the Trump campaign. Flynn was a victim of the fraud.”
I would add “duh!” at the end.
Instead of adjudicating the case presented by the parties, however, the court named three amici and invited them to brief and argue issues framed by the panel, including a question never raised by Sineneng-Smith: Whether the statute is overbroad under the First Amendment. ....
The Nation’s adversarial adjudication system follows the principle of party presentation. Greenlaw v. United States, 554 U. S. 237, 243. “In both civil and criminal cases, . . . we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.” Id., at 243
I presume Sullivan is about to be reminded that this decision just came down.
This is a criminal case and criminal cases are exclusively in the realm of the people as the prosecutorial entity as represented by the prosecutor. Anyone else invited in by a judge as “ a friend of the court” who does not represent the people runs the risk of politicizing a criminal action and violates a fundamental principle of jurisprudence. He has a guilty plea in front of him. Either sentence him or dismiss the case pursuant to the request of both the prosecutor and defense counsel.
Somebody please, begin an IMPEACHMENT petition for that corrupt unAmerican judge.
Clearly right over the target. I’ve never heard of such a thing.
Once Flynn pled guilty and the court accepted the plea, the trial is over. Flynn then reconsidered and affirmed his guilty plea.
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The judge can impose sentence any time he wants, or allow the plea to be withdrawn and dismiss the case, or declare a mistrial.
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Of course, appeals can be made. Asking for Friend of the Court briefs, if he intends to sentence, is often done.
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Having an independent judiciary means that judges can do what they damn well please once the trial is over.
Judicial reputation hanging by a thread and he does this? What is the DNC offering him? A seat on the USS if he’ll just double (triple) down on the extra-judicial BS?
Another reason to move most of Fedgov out of Washington D.C.
But I REALLY wish all this sh!t came out in a trial — TWO FREAKING YEARS AGO.
The judge isn’t forcing anyone to prosecute. The complication here is that the defendant has already pleaded guilty.
Corrupt Judge following 0s/DS orders.
This *Judge* is compromised.
Can Sidney Powell get a change of venue? Is that even applicable?
Talk about a YUGE miscarriage of justice.
I do not dislike you, and you were right.
Carry on!
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