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  1. #50551
    Savvy Veteran spurraider21's Avatar
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    “The Cons ution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes,” DOJ argued in its brief. Rules of federal criminal procedure, cited by Sullivan in support of his gambit to appoint himself both judge and prosecutor in the inquisition against Flynn, “do[] not authorize a court to stand in the way of a dismissal the defendant does not oppose, and any other reading of [those rules] would violate both Article II and Article III” of the cons ution, DOJ wrote.

    “Nor, under the cir stances of this case, may the district court assume the role of prosecutor and initiate criminal charges of its own,” the brief continued. “Instead of inviting further proceedings the court should have granted the government’s motion to dismiss.”
    what they're saying sounds great but is completely contradictory to rule 48, which expressly requires leave of court

  2. #50552
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    “The Cons ution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes,” DOJ argued in its brief. Rules of federal criminal procedure, cited by Sullivan in support of his gambit to appoint himself both judge and prosecutor in the inquisition against Flynn, “do[] not authorize a court to stand in the way of a dismissal the defendant does not oppose, and any other reading of [those rules] would violate both Article II and Article III” of the cons ution, DOJ wrote.

    “Nor, under the cir stances of this case, may the district court assume the role of prosecutor and initiate criminal charges of its own,” the brief continued. “Instead of inviting further proceedings the court should have granted the government’s motion to dismiss.”
    Judge Sullivan actually pointed out that the court is not going to assume "the role of prosecutor and initiate criminal charges", so that's really moot.

    Like I said, the problem for the DOJ with this mandamus is that the court hasn't ruled on the motion yet.

  3. #50553
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    There's also no mention in that brief about the other two charges of lying to the DOJ, which were part of the plea agreement. That's going to be problematic.

  4. #50554
    Savvy Veteran spurraider21's Avatar
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    There's also no mention in that brief about the other two charges of lying to the DOJ, which were part of the plea agreement. That's going to be problematic.
    assuming this writ is denied, if sullivan did take the step of denying the motion to dismiss, i am fascinated by how that appeal would go

  5. #50555
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    Obviously, the appeals court might favor political favoritism too, at which point, there would be nobody with standing to take on an appeal. So we'll see what the appeals court decides.

  6. #50556
    Got Woke? DMC's Avatar
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    You don't get to 3 star general level without lying.

  7. #50557
    Savvy Veteran spurraider21's Avatar
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    You don't get to 3 star general level without lying.
    the real question is, did he lie when he told the lie, or did he lie when he admitted that he lied

  8. #50558
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    assuming this writ is denied, if sullivan did take the step of denying the motion to dismiss, i am fascinated by how that appeal would go
    I think the issue here is that the amici would be used to argue against dismissing the motion. And so the amici influence, so far, seems cir scribed to just that, and doesn't seem to involve further proceedings.

    Obviously, while the court can't bring charges itself, they can impose court sanctions, like obstruction of justice or lying under oath to the court.

    Question, is there a possibility that the judge can call for a retrial just on the turkey charges? And how would that look? Especially if this drags after November?

  9. #50559
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    You don't get to 3 star general level without lying.
    That might be good career advice, it just doesn't work out when you get caught doing it in court.

  10. #50560
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    The funny thing too is that while the appeals court can certainly compel the lower court to grant the motion, the lower court can also issue the penalties before doing so. Ultimately, it all comes back to Sullivan, one way or another.

  11. #50561
    wrong about pizzagate TSA's Avatar
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  12. #50562
    Believe.
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    So Noel Francisco signed up with the cult!

    Nice

    Won't matter though - Sullivan is going to make Flynn make a ing choice -

    Perjury?

    or Reinstate the charges that Mueller had on Flynn before Flynn pleaded guilty and took the deal to drop the charges of his turkey crimes.

  13. #50563
    Got Woke? DMC's Avatar
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    the real question is, did he lie when he told the lie, or did he lie when he admitted that he lied
    tbh

  14. #50564
    wrong about pizzagate TSA's Avatar
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    So Noel Francisco signed up with the cult!

    Nice

    Won't matter though - Sullivan is going to make Flynn make a ing choice -

    Perjury?

    or Reinstate the charges that Mueller had on Flynn before Flynn pleaded guilty and took the deal to drop the charges of his turkey crimes.


    Is Jocelyn Ballentine part of the cult too?

  15. #50565
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    Is Jocelyn Ballentine part of the cult too?
    the woman senior FBI agent who wrote an op-ed saying Barr twisted her words in her prosecution report of flynn can testify

    she doesnt appear to be in the cult!

  16. #50566
    Savvy Veteran spurraider21's Avatar
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    “The Cons ution vests in the Executive Branch the power to decide when—and when not—to prosecute potential crimes,” DOJ argued in its brief. Rules of federal criminal procedure, cited by Sullivan in support of his gambit to appoint himself both judge and prosecutor in the inquisition against Flynn, “do[] not authorize a court to stand in the way of a dismissal the defendant does not oppose, and any other reading of [those rules] would violate both Article II and Article III” of the cons ution, DOJ wrote.

    “Nor, under the cir stances of this case, may the district court assume the role of prosecutor and initiate criminal charges of its own,” the brief continued. “Instead of inviting further proceedings the court should have granted the government’s motion to dismiss.”
    He’s not initiating charges or prosecuting anyone. There is already a guilty plea and sentencing is within a judge’s domain

  17. #50567
    Savvy Veteran spurraider21's Avatar
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    Fokker was mentioned 15 times in the brief. To act like they didn’t address it is just being dishonest.

  18. #50568
    Savvy Veteran spurraider21's Avatar
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    so lets take a gander at this here thread...

    so naturally undercover huber opens up with an ad hominem attack. as ElNono pointed out, judge sullivan is effectively a litigant in this appeal, and a judge who does not write argumentative briefs for a living (anymore) would certainly outsource it. it also makes no sense for a represented party to sign a pleading


    not familiar with Van Grack ever agreeing on this point. can you point me to this admission?

    and Flynn's guilty plea was described in the statement of the offense, which clearly included his lies about his work for turkey.


    undercoverhuber ignoring what immediately follows . sullivan did not just rely on the civl rules. he also cites to other criminal matters where amici have been used





    why not? any law supporting this? sullivan has done this before without issue. there's also a reason leave of court is required






    this is pure snark. sullivan is arguing that this writ is premature because there has been no ruling yet. you can pe ion the court of appeals to change a ruling that the trial/district court made, but you cant ask them to step in and grant an order before there has even been a ruling. the motion to dismiss has not yet been denied, so there is nothing to overturn, certainly nothing that requires extraordinary relief at this point




    "false"

    you dont get to decide what the judge found or didnt find


    and here is the portion from that opinion


    https://www.scribd.com/do ent/440008649/Sullivan-Memorandum-Opinion


    i'll continue this in a separate post
    Last edited by spurraider21; 06-02-2020 at 12:57 PM.

  19. #50569
    Savvy Veteran spurraider21's Avatar
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    again, this type of stuff is pure snark. carries no weight



    he never said that line attorneys were required, so theres no "conspiracy theory" here, which is a weird way to characterize an alleged mistake in law.

    he said it was noteworthy. he's also right that the government hasn't provided any declarations to justify/corroborate the change in facts.



    incredible!

    how can you claim ignore he "ignored" the declaration when he decided, in turn, to delay sentencing? he also hasn't "ignored" it because he hasnt denied the motion to dismiss, which would be based, in part, on that declaration


    snark, snark


    he said flynn does not face COMPARABLE harm to the case that he discussed on the previous page, not that he faces "no real" harm as undercoverhuber claims

    the actual harm was addressed by sullivan. delay alone (which contemplates legal fees) is insufficient





    no. rule 48 expressly requires leave of court. that is the opposite of him being "required" to dismiss. otherwise it would just be a ministerial function, which it isn't.


  20. #50570
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    Fokker was mentioned 15 times in the brief.
    And it should be noted that Fokker required dismissal ONLY because there was a very specific, timing-dependent matter wrt expiration of statutes in that case. That was the substantiation to that particular case.

    There's no such thing at play here.

  21. #50571
    wrong about pizzagate TSA's Avatar
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    spurraider21 I appreciate you taking the time to go through those line by line, it's informative and entertaining.

    Here is another for you to take a stab at.

    The Filing by Judge Sullivan With The Circuit Court Is A Joke.

    https://www.redstate.com/shipwrecked...mpression=true

  22. #50572
    Savvy Veteran spurraider21's Avatar
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    spurraider21 I appreciate you taking the time to go through those line by line, it's informative and entertaining.

    Here is another for you to take a stab at.

    The Filing by Judge Sullivan With The Circuit Court Is A Joke.

    https://www.redstate.com/shipwrecked...mpression=true
    it was fun

    like i've been saying throughout this whole saga, im much more interested in the legal components of whats going on. when i read through the tweet thread yesterday i remember chuckling to myself. had a good amount of free time this morning so i decided to actually run through it.

    as for this other one, maybe, at a later time.

    but can you address my first question in 50585? maybe i just dont remember or couldnt find it, but when did Van Grack ever acknowledge or admit flynn did not plead guilty for lies about turkey or that they didnt address intent?

  23. #50573
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    I'll take a stab...

    1) While Sullivan might have had some or any doubt in March 2018, his Memorandum of Opinion on December 2019 (linked by sr21 above) is pretty clear about what he thinks on materiality. Furthermore, it applies that to both the FBI and FARA violations admissions.

    2) The notion that "Van Grack used the “magic words”, Judge Sullivan repeated the “magic words”, and viola, Gen. Flynn was guilty" glosses over the fact that Flynn was guilty because he pleaded to be. He was asked a mul ude of times if he understood what he was agreeing to by the judge, to which he replied yes every time. That's how pleas normally work.

    3) "in Fokker Services the Circuit Court said that charging decisions by the Executive Branch are not subject to second-guessing by the Judiciary under any form of “discretionary review” authority conferred by any statute or rule of procedure."... the problem with this statement is that there's no discretionary review going on here. Sullivan isn't conducting a review, he simply hasn't ruled yet on the motion. That argument makes sense if he denied the motion, but he hasn't done so yet, which is why the writ is premature.

    4) Another analysis that doesn't touch on the issue that Flynn not only admitted to lying to the FBI, but also to the DOJ multiple times wrt FARA violations. All charges are part of his plea agreement. The DOJ moved to dismiss on all charges even though they only presented support for that on the materiality for the FBI charge. This is, at the very least, extremely sloppy and a big reason why Judge Sullivan is probably uneasy with just granting the motion. It also unfortunately opens the door for judicial sanctions against Flynn, unless the DOJ supplements their motion (which they could do, they're the DOJ after all) explaining why there was no materiality on the lies about the FARA violation(s).

  24. #50574
    wrong about pizzagate TSA's Avatar
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    it was fun

    like i've been saying throughout this whole saga, im much more interested in the legal components of whats going on. when i read through the tweet thread yesterday i remember chuckling to myself. had a good amount of free time this morning so i decided to actually run through it.

    as for this other one, maybe, at a later time.

    but can you address my first question in 50585? maybe i just dont remember or couldnt find it, but when did Van Grack ever acknowledge or admit flynn did not plead guilty for lies about turkey or that they didnt address intent?
    I seem to remember Van Grack admitting such but not sure. Came out around same time as this submission I believe.

    “Mr. Van Grack was determined that Mr. Flynn would testify in the Rafiekian case that he had knowingly signed a false [Foreign Agents Registration Act] registration, even though Mr. Van Grack knew that was not true and Mr. Flynn had not agreed to that in the course of his plea agreement,” Flynn’s attorneys wrote. “Mr. Flynn’s refusal to get on the witness stand and lie for the government on that point prompted a heated tirade from Mr. Van Grack with Mr. Flynn’s lead counsel, in which Mr. Van Grack claimed Mr. Flynn had agreed to plead to a knowing and intentional false FARA filing.”

    https://www.courtlistener.com/recap/...1592.121.0.pdf

    No time for me to dig any further as I can hear my 2.5 year waking up from his nap and he’s in a full arm cast with a broken Ulna and wrist. Happened the day before his daycare opened back up this week and now he can’t go and my wife and I are back to having to both rotate working from home lockdown style and unfortunately having to have him watch way more movies throughout the day then we prefer. Lockdown turned him into a real asshole and now this. Fun times

  25. #50575
    Savvy Veteran spurraider21's Avatar
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    I'll take a stab...

    1) While Sullivan might have had some or any doubt in March 2018, his Memorandum of Opinion on December 2019 (linked by sr21 above) is pretty clear about what he thinks on materiality. Furthermore, it applies that to both the FBI and FARA violations admissions.

    2) The notion that "Van Grack used the “magic words”, Judge Sullivan repeated the “magic words”, and viola, Gen. Flynn was guilty" glosses over the fact that Flynn was guilty because he pleaded to be. He was asked a mul ude of times if he understood what he was agreeing to by the judge, to which he replied yes every time. That's how pleas normally work.

    3) "in Fokker Services the Circuit Court said that charging decisions by the Executive Branch are not subject to second-guessing by the Judiciary under any form of “discretionary review” authority conferred by any statute or rule of procedure."... the problem with this statement is that there's no discretionary review going on here. Sullivan isn't conducting a review, he simply hasn't ruled yet on the motion. That argument makes sense if he denied the motion, but he hasn't done so yet, which is why the writ is premature.

    4) Another analysis that doesn't touch on the issue that Flynn not only admitted to lying to the FBI, but also to the DOJ multiple times wrt FARA violations. All charges are part of his plea agreement. The DOJ moved to dismiss on all charges even though they only presented support for that on the materiality for the FBI charge. This is, at the very least, extremely sloppy and a big reason why Judge Sullivan is probably uneasy with just granting the motion. It also unfortunately opens the door for judicial sanctions against Flynn, unless the DOJ supplements their motion (which they could do, they're the DOJ after all) explaining why there was no materiality on the lies about the FARA violation(s).
    sullivan expressly asked him if he wanted to speak with his counsel and decide to withdraw his guilty plea. flynn said nah im good, i'm guilty

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