thefrog
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Post by thefrog on May 13, 2020 7:10:12 GMT -8
Hiroo Onoda speaks! Unfortunately, Judge Sullivan is part of the problem and is only delaying the inevitable. When the state drops charges against a person, then the case is effectively over, whether the judge likes it or not. The judiciary is only one branch of the government and cannot prosecute someone on their own authority. Also, the judge's acceptance of the guilty plea in the first place was problematic, since he never verified there was a factual basis for the crime, for the simple reason that the prosecutors have never to this day presented actual evidence of a crime by Michael Flynn. The transcript of the call with Kislyak has never been made available (even to the judge) nor have the original interview notes of Flynn's interview been made available to compare the two. And even if there was some sort of "misstatement," the DOJ has said there is nothing material in such because there was no underlying crime and no legitimate basis for the interview. Sorry folks, it's all over except for the crying and screaming by the police-state loving Left.
And, yes, it is asinine to suggest the judge will not sign off on the dismissal of the case. He's required to by law. Whether it's today, tomorrow, or two weeks from now--he has no choice. Whatever he's trying to accomplish with this delay is only going to backfire. Those who wish to see Michael Flynn go to jail to satisfy their TDS and it concomitant conspiracy theories are going to be disappointed....again. He’s required to by law, but I stand by my statement that it’s asinine that he wouldn’t... and now that’s showing
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Credo
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Post by Credo on May 13, 2020 7:16:08 GMT -8
He’s required to by law, but I stand by my statement that it’s asinine that he wouldn’t... and now that’s showing Any time you use the term "asinine" in connection with Philly boy, you're pretty much over the target. But strike that visual.
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Credo
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Post by Credo on May 13, 2020 9:26:24 GMT -8
Great article by Andrew McCarthy that eviscerates Judge Sullivan's delaying tactics. Judge, do your job already!
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Post by vilepagan on May 13, 2020 9:28:34 GMT -8
It's amazing to watch you guys launch into character assassination whenever things don't quite go your way. Truly childlike. Carry on.
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Post by vilepagan on May 13, 2020 9:34:36 GMT -8
He’s required to by law, but I stand by my statement that it’s asinine that he wouldn’t... and now that’s showing You think it's asinine for the judge to ask for an explanation from the government as to why they wish to dismiss the charges? Given the highly unusual circumstances of the decision to dismiss the charges against Flynn I would think this a good idea, if only to remove the cloud of mistrust surrounding the dismissal.
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thefrog
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Post by thefrog on May 13, 2020 10:00:30 GMT -8
He’s required to by law, but I stand by my statement that it’s asinine that he wouldn’t... and now that’s showing You think it's asinine for the judge to ask for an explanation from the government as to why they wish to dismiss the charges? Given the highly unusual circumstances of the decision to dismiss the charges against Flynn I would think this a good idea, if only to remove the cloud of mistrust surrounding the dismissal. Do us all a favor and read United States of America v. Fokker Services B.V. 818 F.3d 733 (2016) Edit: for the sake of being less ambiguous, see below: Correspondingly, “judicial authority is ... at its most limited” when reviewing the Executive's exercise of discretion over charging determinations. Pierce, 786 F.2d at 1201; see ICC v. Bhd. of Locomotive Eng'rs, 482 U.S. 270, 283, 107 S.Ct. 2360, 96 L.Ed.2d 222 (1987). The decision whether to prosecute turns on factors such as “the strength of the case, the prosecution's general deterrence value, the [g]overnment's enforcement priorities, and the case's relationship to the [g]overnment's overall enforcement plan.” Wayte v. United States, 470 U.S. 598, 607, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985). The Executive routinely undertakes those assessments and is well equipped to do so. By contrast, the Judiciary, as the Supreme Court has explained, generally is not “competent to undertake” that sort of inquiry. Id. Indeed, “[f]ew subjects are less adapted to judicial review than the exercise by the Executive of his discretion in deciding when and whether to institute criminal proceedings, or what precise charge shall be made, or whether to dismiss a proceeding once brought.” Newman v. United States, 382 F.2d 479, 480 (D.C.Cir.1967). “Judicial supervision in this area” would also “entail[ ] systemic costs.” Wayte, 470 U.S. at 608, 105 S.Ct. 1524. It could “chill law enforcement,” cause delay, and “impair the performance of a core executive constitutional function.” Armstrong, 517 U.S. at 465, 116 S.Ct. 1480 (quotation omitted). As a result, “the presumption of regularity” applies to “prosecutorial decisions and, in the absence of clear evidence to the contrary, courts presume that [prosecutors] have properly discharged their official duties.” Id. at 464, 116 S.Ct. 1480 *742 **74 (internal quotation marks, quotation, and alterations omitted). United States v. Fokker Servs. B.V., 818 F.3d 733, 741–42 (D.C. Cir. 2016)
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Credo
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Post by Credo on May 13, 2020 11:46:03 GMT -8
You think it's asinine for the judge to ask for an explanation from the government as to why they wish to dismiss the charges? Given the highly unusual circumstances of the decision to dismiss the charges against Flynn I would think this a good idea, if only to remove the cloud of mistrust surrounding the dismissal. Wrong and wrong. Hey genius, that's exactly what the government did in their 20-page filing last Thursday, for which I provided a link on this forum. The purpose of Judge Sullivans' delay is to allow outside parties--who have no compelling legal interest in Flynn's case--to weigh in with their opinions. It's nothing more than an opportunity for Trump-haters to smear Flynn and create more of a cloud over the case. Please stop embarrassing yourself--yet again--with your complete lack of knowledge about the basic details of this case. Go back and read the DOJ's filing for dismissal before posting another low-information opinion. DOJ filing is here (the first 20 pages is the motion to dismiss; the rest are Exhibits; I advise anyone interested in the case to read this.): sidneypowell.com/wp-content/uploads/2020/05/Doc.198-Flynn-Governments-Motion-to-DISMISS-against-Michael-T.-Flynn.pdf
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RSM789
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Post by RSM789 on May 13, 2020 14:09:51 GMT -8
It's amazing to watch you guys launch into character assassination whenever things don't quite go your way. Truly childlike. Carry on. Its amazing to watch your glee at the wrongful prosecution of a man who faithfully served our country for decades. Truly childlike. Carry on.
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Credo
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Post by Credo on May 13, 2020 15:28:15 GMT -8
When officers of the court (both judges and prosecutors), who are supposed to be dedicated to justice and upholding the law, instead abuse their power, they deserve to have their character questioned. Judge Sullivan is apparently doing everything he can to find Flynn guilty of something--anything--or, in the absence of that, attempt to string this case out for as long as possible for political reasons. The Swamp is clearly terrified of Michael Flynn being able to publicly tell his side of the story on camera.
The judge knows this will tie up the case for weeks--if not months. Perhaps he'll cite Flynn for contempt for previously affirming his plea, which will then trigger an appeal. The final goal is to force Trump into a pardon.
Judge Sullivan seems to be hiding behind the robes of a retired Bill Clinton appointee. It always comes back to the Clintons, doesn't it?
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MDDad
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Post by MDDad on May 13, 2020 21:28:36 GMT -8
It's amazing to watch you guys launch into character assassination whenever things don't quite go your way. Truly childlike. Carry on. That's an interesting perspective. VP and the rest of the usual suspects on TOB had the 2016 election not "quite go their way", so they have "launched into character assassination" for the last 3 1/2 years. I guess people on the left don't own mirrors, or they would see what they most complain about in themselves.
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Credo
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Post by Credo on May 13, 2020 22:16:30 GMT -8
Like I said, the Swamp (of which D.C. federal judges are full-fledged members) is not going to give up until their dead carcasses are dragged off the scene. There will be no introspection, no admission of fault, no Come to Jesus moment for this crowd. They would rather die than concede that the people they've invested their souls into hating might not be evil. Flynn is just a example of the depths they are willing to go in order to destroy anyone who stands in their way. We've seen the same with Brett Kavanaugh, Nicholas Sandman, Roger Stone, etc., etc. There is no goalpost moving, no double-standard, no lie, no corruption that they are unwilling to broach in order to keep hold of their backward sense of moral superiority.
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Post by vilepagan on May 14, 2020 3:27:30 GMT -8
Interesting case, but not an answer to the question that was asked.
Do you think it's asinine for the judge to ask for an explanation from the DoJ on the reasons for the dismissal?
I think it's a perfectly reasonable request, and I think it's an important question since there seems to be a lot of opposition to the government's request.
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Post by vilepagan on May 14, 2020 3:31:07 GMT -8
Funny, that's exactly what some people are saying about Bill Barr. Don't you think it's important to resolve these questions rather than sweep them under the rug?
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Post by vilepagan on May 14, 2020 3:39:10 GMT -8
Well, we can't all have the deep sense of morality that you have Credo. After all, you've got jesus on your side and he really likes the "drag the dead carcasses" metaphor, that's just his style. Congrats on following his fine example. Your way of ridiculing those you disagree with and belittling your political opponents is just the sort of tolerance and understanding that jesus preached about. Well done.
So I have to ask...when will you be "coming to jesus"?
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Post by vilepagan on May 14, 2020 3:40:47 GMT -8
That's an interesting perspective. VP and the rest of the usual suspects on TOB .... Figures, it's all about TOB isn't it MDdad. Too funny.
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