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  • Originally posted by surfgun View Post
    The prosecution has been dropped. A judge does not usually act as a prosecutor. The case will be gone from future dockets early this week.
    The judge is not acting as Prosecutor but Flynn plead guilty. It is out of the hands of the prosecution.

    Comment


    • Wait, why was Flynn fired? Oh yeah....

      “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!”

      Donald Trump ~ December 2, 2017, shortly after Flynn’s plea.

      "I had to kill Bob Morton because he made a mistake. Now it's time to erase that mistake."

      Dick Jones ~ July 17, 1987, shortly after Morton's death
      “He was the most prodigious personification of all human inferiorities. He was an utterly incapable, unadapted, irresponsible, psychopathic personality, full of empty, infantile fantasies, but cursed with the keen intuition of a rat or a guttersnipe. He represented the shadow, the inferior part of everybody’s personality, in an overwhelming degree, and this was another reason why they fell for him.”

      Comment


      • Judge Signals He’s Not Ready To Dismiss Michael Flynn Case After DOJ Drops Charges

        A federal judge signaled Tuesday that he wasn’t ready to toss out the case against Michael Flynn, the former national security adviser who pleaded guilty to lying to the FBI, after the Justice Department said it would drop all charges against Flynn last week.

        U.S. District Judge Emmet Sullivan issued a terse order on Tuesday saying he planned to let third parties file “friend of the court” briefs and that he believed “individuals and organizations” would seek to weigh in on the politically charged case.

        Under the leadership of Attorney General William Barr, the Justice Department took the extraordinary step last week of dropping its case against Flynn — the latest example of the Trump administration’s attempt to undo any outcomes of special counsel Robert Mueller’s probe into Russian interference in the 2016 election.

        It’s highly unusual for federal prosecutors to withdraw a case after a defendant has already pleaded guilty. Flynn did so twice, saying he lied to the FBI about his contact with Russian officials. But he abruptly changed tack last year after initially cooperating with investigators, hiring new lawyers and seeking to withdraw his plea. His attorneys went on a media blitz, attacking Mueller’s probe and urging Trump to exonerate him.

        U.S. Attorney Timothy Shea said last week that even if Flynn lied, he shouldn’t have been investigated and his actions were not relevant to the FBI’s probe into Russian interference.

        Sullivan’s move on Tuesday is also unusual. He is the final arbiter of whether the case is dismissed, and he could hold a hearing on the matter and call witnesses to explain the facts of the case, including Flynn himself.

        Flynn’s attorneys filed their own motion later on Tuesday voicing their opposition to the briefs.

        “It is no accident that amicus briefs are excluded in criminal cases,” the lawyers wrote in a filing. “A criminal case is a dispute between the United States and a criminal defendant. There is no place for third parties to meddle in the dispute, and certainly not to usurp the role of the government’s counsel.”

        Barr’s decision to drop the case prompted fierce backlash last week. In a private call, former President Barack Obama said the rule of law was “at risk,” and a coalition of nearly 2,000 former DOJ officials also signed an open letter calling for Barr’s resignation over what they described as an “assault” on the rule of law.

        “If any of us, or anyone reading this statement who is not a friend of the President, were to lie to federal investigators in the course of a properly predicated counterintelligence investigation, and admit we did so under oath, we would be prosecuted for it,” the group wrote.
        _____________
        “He was the most prodigious personification of all human inferiorities. He was an utterly incapable, unadapted, irresponsible, psychopathic personality, full of empty, infantile fantasies, but cursed with the keen intuition of a rat or a guttersnipe. He represented the shadow, the inferior part of everybody’s personality, in an overwhelming degree, and this was another reason why they fell for him.”

        Comment


        • So just because Barr would like the case to be dropped it is not in Barrs hands and the case is not finished?

          Comment


          • Originally posted by snapper View Post
            So just because Barr would like the case to be dropped it is not in Barrs hands and the case is not finished?
            It's entirely possible that the case will indeed be dropped entirely and Flynn allowed to get off scot-free.

            Just have to wait and see. This is terra incognita we're dealing with here.
            “He was the most prodigious personification of all human inferiorities. He was an utterly incapable, unadapted, irresponsible, psychopathic personality, full of empty, infantile fantasies, but cursed with the keen intuition of a rat or a guttersnipe. He represented the shadow, the inferior part of everybody’s personality, in an overwhelming degree, and this was another reason why they fell for him.”

            Comment


            • Originally posted by snapper View Post
              So just because Barr would like the case to be dropped it is not in Barrs hands and the case is not finished?
              It's up to the judge. The federal judiciary do not answer to nor fall under the Attorney General, who leads the Department of Justice,an Executive Agencies . The Federal Judiciary are an independent arm of government from DOJ.
              “Loyalty to country ALWAYS. Loyalty to government, when it deserves it.”
              Mark Twain

              Comment


              • Grateful for your confirmation AR of what I presumed when I told 'surfgun' it was upto the judge and out of Barr's hands.

                Comment


                • Originally posted by Albany Rifles View Post
                  It's up to the judge. The federal judiciary do not answer to nor fall under the Attorney General, who leads the Department of Justice,an Executive Agencies . The Federal Judiciary are an independent arm of government from DOJ.
                  How would this work? If the government refuses to prosecute, then don't this become a civil matter and not a criminal matter?
                  Chimo

                  Comment


                  • Originally posted by WABs_OOE View Post
                    How would this work? If the government refuses to prosecute, then don't this become a civil matter and not a criminal matter?
                    He was originally to be sentenced December 2018, as he plead guilty, but was aborted when Sullivan implied he could give prison time instead of probation. Gave Flynn more time to work with the Mueller investigation. Sullivan implied that helping the investigation could work in Flynn's favor. Months later Flynn fired his law team and hired Powell. Powell has spent months (2019) laying the groundwork for Flynn to withdraw his guilty plea. Sentencing was to happen now on February 27th but postponed due to the petition to withdraw his guilty plea. Prosecutors then asked for time to respond to his bid to withdraw. At that point it was up to the Judge whether he could withdraw or not and the odds were against it.

                    Now we fast forward to May 7th and Barr now says his prosecutors will not respond as Barr has determined there is no crime of lying to the FBI because the FBI didn't have cause to interview Flynn to begin with. Therefore the DOJ has elected to drop charges. Still it is up to the Judge, who can ignore Barr, but legally has little wiggle room based on precedent to decline the DOJ request. Sullivan still has the authority to ask questions of the DOJ for an explanation. If, in the end, the charges are dropped then Flynn gets off and that is it.

                    https://www.lawfareblog.com/justice-...n-judge-say-no

                    Comment


                    • Multiple Obama Administration officials spied on the incoming administration.
                      https://thehill.com/policy/national-...-officials-who

                      Comment


                      • Originally posted by tbm3fan View Post
                        ...there is no crime of lying to the FBI because the FBI didn't have cause to interview Flynn to begin with...[/url]
                        OMG.
                        That means Bill Clinton should never have been 'interviewed' about Monica Lewinsky!
                        Don't ya just love it when a GOPer pet theory comes back to bite 'em in the ass?
                        Trust me?
                        I'm an economist!

                        Comment


                        • FBI Director Wray has finally gotten off his duff and ordered a probe into how FBI misbehaved in the Flynn “investigation.”
                          https://www.foxnews.com/politics/fbi...ael-flynn-case

                          Comment


                          • Originally posted by surfgun View Post
                            Multiple Obama Administration officials spied on the incoming administration.
                            https://thehill.com/policy/national-...-officials-who
                            From your link:

                            The Trump administration has sent Congress a list of dozens of Obama administration officials who they say asked for documents that led to the identity of former national security adviser Michael Flynn being "unmasked" from intelligence reports between the 2016 election and President Trump’s inauguration.

                            A copy of the list obtained by The Hill includes a who's who of Obama-era officials, including then-Vice President Joe Biden, former White House chief of staff Denis McDonough, former FBI Director James Comey and former CIA Director John Brennan.

                            Acting Director of National Intelligence (DNI) Richard Grenell declassified and then sent the list of names to GOP Sens. Ron Johnson (Wis.) and Chuck Grassley (Iowa) on Wednesday.

                            “I am providing a revised list of identities of any officials who submitted requests to the National Security Agency at any point between 8 November 2016 and 31 January 2017 to unmask the identity of former National Security Advisor, Lieutenant General Michael T. Flynn USA-Ret.),” states the document from Grenell. The list has been re-organized into chronological order.
                            But in the real world we see

                            https://www.washingtonpost.com/natio...35f_story.html

                            “When the FBI circulated [the report], they included Flynn’s name from the beginning” because it was essential to understanding its significance, said a former senior U.S. official, who spoke on the condition of anonymity to describe sensitive intelligence. “There were therefore no requests for the unmasking of that information.”

                            When told by The Post that the name was never masked in the Dec. 29 communication, a Graham aide said the committee would still like the Office of the Director of National Intelligence’s “written answer” to its question.
                            What? Never Masked? Must be some "Deep State" thing.

                            I just want to know What color is the sky in Trump World?

                            Comment


                            • I assume these new releases of the 'Flynn transcripts' were done under Comey's watch but here is Flynn asking the Muscovite Ambassador Kisylak not to respond too badly against Obama's expulsion of Muscovite diplomats after Muscovy interfered in the US election and promising they will be nicer once Trumpkin takes over if Moscow does not "box us in." File here: https://drive.google.com/file/d/1sdZ...VXISzu2xv/view

                              When Kisylak asks about sanctions on the GRU and FSB (which did not actually happen except to individuals rather than 'organs of the state') Flynn seems ready to help try to get sanctions removed from the people who hacked the election in Turnips favour...

                              I don't know if this illegal or not in US law; "yea we'll give you a pardon for hacking our country to helping us" but in Ukraine or Poland it would be.

                              Remember Trump publicly asked for this "If you're listening Russia..." and now Barr is saying that although Flynn plead guilty twice to lying about these conversations it was 'not materiel' to Mueller's inquiry... The US is close to becoming a banana republic.

                              Comment


                              • Originally posted by snapper View Post
                                I assume these new releases of the 'Flynn transcripts' were done under Comey's watch but here is Flynn asking the Muscovite Ambassador Kisylak not to respond too badly against Obama's expulsion of Muscovite diplomats after Muscovy interfered in the US election and promising they will be nicer once Trumpkin takes over if Moscow does not "box us in." File here: https://drive.google.com/file/d/1sdZ...VXISzu2xv/view

                                When Kisylak asks about sanctions on the GRU and FSB (which did not actually happen except to individuals rather than 'organs of the state') Flynn seems ready to help try to get sanctions removed from the people who hacked the election in Turnips favour...

                                I don't know if this illegal or not in US law; "yea we'll give you a pardon for hacking our country to helping us" but in Ukraine or Poland it would be.

                                Remember Trump publicly asked for this "If you're listening Russia..." and now Barr is saying that although Flynn plead guilty twice to lying about these conversations it was 'not materiel' to Mueller's inquiry... The US is close to becoming a banana republic.
                                Remember folks, "no Russian collusion"

                                *spit*
                                “He was the most prodigious personification of all human inferiorities. He was an utterly incapable, unadapted, irresponsible, psychopathic personality, full of empty, infantile fantasies, but cursed with the keen intuition of a rat or a guttersnipe. He represented the shadow, the inferior part of everybody’s personality, in an overwhelming degree, and this was another reason why they fell for him.”

                                Comment

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