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It’s Not a Done Deal Yet: DOJ Doesn’t Have the Final Word on Michael Flynn, the Judge Does

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https://lawandcrime.com/high-profile/doj-is-close-to-getting-michael-flynn-a-legal-outcome-that-is-far-better-than-a-trump-pardon/

 

The judge has a little something to say about it.

“No one should ever try to predict what Judge Sullivan will do or how he will react,” noted national security attorney Mark S. Zaid. “I have appeared before him countless times over 25 years in cases against USGOVT. He is a very balanced jurist but you predict his reactions at your own peril.” Remember: Judge Sullivan once controversially asked prosecutors if they considered charging Flynn with treason. Sullivan apologized for that.  Still, Sullivan made clear how he felt about Flynn’s conduct.  “You were an unregistered agent of a foreign country while serving as the National Security Advisor to the president!” he said. “Arguably, this undermines everything this flag over here stands for! Arguably, you sold your country out!”  “I’m not hiding my disgust, my disdain, for this criminal offense,” Sullivan added.

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It’s Not a Done Deal Yet: DOJ Doesn’t Have the Final Word on Michael Flynn, the Judge Does

by Aaron Keller | 6:22 pm, May 7th, 2020
 
 
 

WASHINGTON, DC - July 10: Michael Flynn, former National Security Advisor to President Donald Trump, departs the E. Barrett Prettyman United States Courthouse following a pre-sentencing hearing July 10, 2018 in Washington, DC. Flynn has been charged with a single count of making a false statement to the FBI by Special Counsel Robert Mueller.

The U.S. Department of Justice’s request to U.S. District Judge Emmet G. Sullivan, a Bill Clinton appointee, to allow it to drop its case against Former National Security Advisor Michael Flynn contains a rather unique but critical procedural request: the government is seeking to dismiss Flynn’s case with prejudice. That means the government is asking the judge to toss the case in a manner that will not allow it to be brought again in the future — perhaps, hypothetically, by another administration (should Democrats take control in the 2020 election). The procedure contemplated may result in a treatment of Flynn that is better than a pardon from President Donald Trump himself.

A request for a dismissal with prejudice is rare according to former federal prosecutor Gene Rossi, now an attorney in private practice. Rossi appears regularly as a legal analyst on the Law&Crime Network.

Normally, Rossi says, federal prosecutors request to dismiss cases without prejudice. Cases dismissed without prejudice allow the government to again file charges against an individual some time down the road, so long as the statute of limitations has not expired.

In the Flynn case, the statute of limitations for lying to government officials is five years, which could, hypothetically, give a subsequent administration the chance to re-file the charges. This Department of Justice is asking, legally, to prevent that possibility (though it is admittedly a guess as to whether the fear of an election upheaval is the motivating factor).

Procedurally, the move is tricky. The DOJ is asking Judge Sullivan to dismiss the Flynn case under Federal Rule of Criminal Procedure 48(a). That rule allows a case to be dismissed “by the government,” but only “with leave of [the] court” — that’s with the permission of the judge.

Flynn’s guilty plea needs to first be withdrawn, however, and under Rule 11, pleas are supposed to be final. Under that Rule, a defendant can (relevantly to this case) only withdraw a plea after the court accepts it if he has not yet been sentenced. Flynn’s sentencing date has dragged out for months and has been delayed several times. Withdrawal before sentencing can only occur if the judge decides to reject the plea under another series of rules or if “the defendant can show a fair and just reason for requesting the withdrawal.” Otherwise, “[a]fter the court imposes sentence, the defendant may not withdraw a plea of guilty or nolo contendere, and the plea may be set aside only on direct appeal or collateral attack.”

As the Supreme Court has said several times, plea withdrawal is not a good look for the justice system as a whole:

Every inroad on the concept of finality undermines confidence in the integrity of our procedures; and, by increasing the volume of judicial work, inevitably delays and impairs the orderly administration of justice. The impact is greatest when new grounds for setting aside guilty pleas are approved because the vast majority of criminal convictions result from such pleas. Moreover, the concern that unfair procedures may have resulted in the conviction of an innocent defendant is only rarely raised by a petition to set aside a guilty plea.

Bottom line: in order for this to work as the government’s attorneys and Flynn’s attorneys apparently wish, the judge has to first agree to wipe clean Flynn’s plea under Rule 11 (at risk to the “confidence in the integrity of [court] procedures”) and then agree to jettison the case under Rule 48(a) in a way that prevents any future prosecutor from re-filing the claim.

Why do all this given the chance Trump could pardon Flynn? An old U.S. Supreme Court case may hold the answer. “[A] pardon . . . carries an imputation of guilt; [an] acceptance a confession of it.” Those words from the high court in Burdick v. United States (1915) still carry weight. A pardon would have resulted in Flynn admitting in both a plea and in a pardon that he he lied. The use of Rules 11 and 48(a) results instead in a legal maneuver which puts the onus on the DOJ’s activities and absolves Flynn. A pardon, while creating legal forgiveness from punishment, does not grant Flynn a clean slate. A plea withdrawal and a refusal to prosecute legally sullies the government’s reputation, not Flynn’s.

Not everyone is convinced that this maneuver will happen as smoothly as the prosecutors and the defendant wish.

“No one should ever try to predict what Judge Sullivan will do or how he will react,” noted national security attorney Mark S. Zaid. “I have appeared before him countless times over 25 years in cases against USGOVT. He is a very balanced jurist but you predict his reactions at your own peril.” Remember: Judge Sullivan once controversially asked prosecutors if they considered charging Flynn with treason. Sullivan apologized for that.

Still, Sullivan made clear how he felt about Flynn’s conduct.

“You were an unregistered agent of a foreign country while serving as the National Security Advisor to the president!” he said. “Arguably, this undermines everything this flag over here stands for! Arguably, you sold your country out!”

“I’m not hiding my disgust, my disdain, for this criminal offense,” Sullivan added.

Yet Rossi, the former prosecutor, said something akin to legal lunacy would predictably occur if the judge forces the case to continue.  Were the judge to order the case to proceed, the prosecution would likely not call witnesses or even show up to court. And, that would be ridiculous. Rossi called the procedural moves a de facto “back door pardon” for Flynn.

The government outlined its rationale for seeking dismissal with prejudice. Part of it reads as follows:

The Government is not persuaded that the January 24, 2017 interview [with Flynn] was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue.  Moreover, we not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.

You can read the rest of the document below—exhibits included.

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A Dan Abrams Production.

 


 

Quote

 

 

Remember: Judge Sullivan once controversially asked prosecutors if they considered charging Flynn with treason. Sullivan apologized for that.

 

 

 

The TDS is strong w/ this one.

 

 

 

kj

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1 hour ago, slideman said:

https://lawandcrime.com/high-profile/doj-is-close-to-getting-michael-flynn-a-legal-outcome-that-is-far-better-than-a-trump-pardon/

 

The judge has a little something to say about it.

“No one should ever try to predict what Judge Sullivan will do or how he will react,” noted national security attorney Mark S. Zaid. “I have appeared before him countless times over 25 years in cases against USGOVT. He is a very balanced jurist but you predict his reactions at your own peril.” Remember: Judge Sullivan once controversially asked prosecutors if they considered charging Flynn with treason. Sullivan apologized for that.  Still, Sullivan made clear how he felt about Flynn’s conduct.  “You were an unregistered agent of a foreign country while serving as the National Security Advisor to the president!” he said. “Arguably, this undermines everything this flag over here stands for! Arguably, you sold your country out!”  “I’m not hiding my disgust, my disdain, for this criminal offense,” Sullivan added.

We now know that Flynn was set up and the whole process was corrupt but you libs still want him to stay i jail, even though he is innocent. What is wrong with "you people"?

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5 minutes ago, Redoctober said:

We now know that Flynn was set up and the whole process was corrupt but you libs still want him to stay i jail, even though he is innocent. What is wrong with "you people"?

Flynn lied to pence

He lied to the press

He lied to the FBI

He was the national security advisor to the president of the United States

The Russians knew he lied

He was knowingly in a position to be blackmailed

don't you care anything about the security of the United States?

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20 minutes ago, slideman said:

Flynn lied to pence

He lied to the press

He lied to the FBI

He was the national security advisor to the president of the United States

The Russians knew he lied

He was knowingly in a position to be blackmailed

don't you care anything about the security of the United States?

All they care about is the security of the republicon party. 

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28 minutes ago, slideman said:

Flynn lied to pence

He lied to the press

He lied to the FBI

He was the national security advisor to the president of the United States

The Russians knew he lied

He was knowingly in a position to be blackmailed

don't you care anything about the security of the United States?

If you set up a condition to which you force someone into a false confession and create a lie out of your initial lie, that is illegal. That is what the FBI did. You refuse to see it because you are a partisan hack. 

 

Yes he was blackmailed, by the FBI. They threatened to destroy his son. 

 

What is wrong with you people? You hate Trump so much that you want an innocent man to be jailed on an invented charge. 

 

As the old saying goes "you can indict a ham sandwich in DC". 

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9 minutes ago, Dontlooknow said:

All they care about is the security of the republicon party. 

This doesn't affect the GOP. 

 

I can play this game too. 

 

All you guys care about is putting innocent people in jail and love corruption in the FBI. 

 

WOOHOO this is fun., 

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1 minute ago, Redoctober said:

This doesn't affect the GOP. 

 

I can play this game too. 

 

All you guys care about is putting innocent people in jail and love corruption in the FBI. 

 

WOOHOO this is fun., 

You guys play the game of corrupt doj. See I can play your game also buddy. 

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So Flynn admits to lying to the f.b.i. And the f.b.i. is dirty. I get the joke. But it's not that funny. 

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The FBI cleared him before Comey sent McCabe and Stroke to entrap him.

 

The legal opinion is that his lie was merely a process crime.

 

But you already knew that.

 

 

 

 

 

 

kj

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Just now, KneeJerk said:

 

The FBI cleared him before Comey sent McCabe and Stroke to entrap him.

 

The legal opinion is that his lie was merely a process crime.

 

But you already knew that.

 

 

 

 

 

 

kj

So he lies to pence gets fired for lying then lies to the f.b.i hmmm regular boy scout you got there guys. 

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Next thing you know fox news will have him on their station telling war story's. 

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It’s Not a Done Deal Yet: DOJ Doesn’t Have the Final Word on Michael Flynn, the Judge Does

 

Good luck with that, snowflake.  

 

If the judge tries to perpetrate this fraud on his own, he's going to end up getting himself disbarred.  

 

And by the way, Trump has the final say.   It's called a Presidential Pardon.

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5 hours ago, Dontlooknow said:

You guys play the game of corrupt doj. See I can play your game also buddy. 

 

You can't play with yourself without putting a finger in something.

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5 hours ago, BeAChooser said:

 

And by the way, Trump has the final say.   It's called a Presidential Pardon

  I wonder if someone will do the same for him.

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Pssssst. Hey SHITSTAINS.

 

The PROSECUTION withdrew THEIR INDICTMENT and PROSECUTION, not the other way around.

 

You MORONS are pretty fucking DENSE and EASY to MANIPULATE.


When there is NO CASE before the court to prosecute, and the PROSECUTION has said "we did bad", it's pretty much a DONE DEAL for the JUDGE to say. "CASE DISMISSED".

 

See how that works. When there is NOTHING THERE that can be tried, plead, or anything to do OTHER than DISMISS, the JUDGE isn't going to want to face the SCOTUS for misbehavior.

 

ALL OF THIS ARTICLE is about WITHDRAWING A PLEA. THIS  IS A DISMISSAL OF ALL CHARGES. Sucks you SHITSTAINS are tooooooo fucking STUPID to understand that FACT!!

 

ROFLMAO!!

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5 hours ago, Dontlooknow said:

You guys play the game of corrupt doj. See I can play your game also buddy. 

 

Corrupt DOJ???
 

You mean PROSECUTING INNOCENT PEOPLE BY LAYING ENTRAPMENT for them to jump into by YOUR FUCKING OVOMIT DOJ HACKS, right, SHITSTAIN!!!

 

Yeah, we agree to THOSE FACTS!!!

 

 

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6 hours ago, Redoctober said:

What is wrong with you people? 

Sick LIBTARDS and DEMORATS.

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Actually...Trump has the final say if he wants it.  Fuck the judge in this case.  Many with the FBI should be charged themselves.  If the judge doesn’t free Flynn completely, Trump should do it himself.

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6 hours ago, Redoctober said:

If you set up a condition to which you force someone into a false confession and create a lie out of your initial lie, that is illegal. That is what the FBI did. You refuse to see it because you are a partisan hack. 

 

Yes he was blackmailed, by the FBI. They threatened to destroy his son. 

 

What is wrong with you people? You hate Trump so much that you want an innocent man to be jailed on an invented charge. 

 

As the old saying goes "you can indict a ham sandwich in DC". 

INNOCENT, WELL CONNECTED WHITE MEN DON'T PLEAD GUILTY!!!

 

You REPUBLISCUM are complicit in the cover-up of Flynn's CRIMES.

 

Hopefully Judge Sullivan sees this TRAVESTY OF JUSTICE for what it is and delivers PROPER JUSTICE.

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4 minutes ago, Wrench said:

INNOCENT, WELL CONNECTED WHITE MEN DON'T PLEAD GUILTY!!!

 

You REPUBLISCUM are complicit in the cover-up of Flynn's CRIMES.

 

Hopefully Judge Sullivan sees this TRAVESTY OF JUSTICE for what it is and delivers PROPER JUSTICE.

 

HONORABLE and DECENT MEN DO when their KIDS ARE THREATENED!!!!


Which is PRECISELY what the KGB, er FBI, DID TO GEN  FLYNN!!!

You seem to forget that MANY A JEW chose to DIE to protect their KIDS and did so WILLINGLY!!!

But you SHITSTAINS have NO FUCKING HONOR nor think of anyone BUT YOUR OWN SHITSTAIN SELVES!!!
 

FUCK YOU MOTHERFUCKER!!!

 

LIAR AND LIAR!!

 

 

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9 hours ago, slideman said:

https://lawandcrime.com/high-profile/doj-is-close-to-getting-michael-flynn-a-legal-outcome-that-is-far-better-than-a-trump-pardon/

 

The judge has a little something to say about it.

“No one should ever try to predict what Judge Sullivan will do or how he will react,” noted national security attorney Mark S. Zaid. “I have appeared before him countless times over 25 years in cases against USGOVT. He is a very balanced jurist but you predict his reactions at your own peril.” Remember: Judge Sullivan once controversially asked prosecutors if they considered charging Flynn with treason. Sullivan apologized for that.  Still, Sullivan made clear how he felt about Flynn’s conduct.  “You were an unregistered agent of a foreign country while serving as the National Security Advisor to the president!” he said. “Arguably, this undermines everything this flag over here stands for! Arguably, you sold your country out!”  “I’m not hiding my disgust, my disdain, for this criminal offense,” Sullivan added.

It’s done

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Don’t get your hopes up.  Once flynn is dealt w/, expect a slew of either pardons or clemency.   
With the pandemic & economic issues full tilt, now is the perfect time to slip this in under the radar. 

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