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thelawlorfaithful

DOJ drops case against General Michael Flynn

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12 minutes ago, bornontheblue said:

How do you keep a case going when the prosecution says we don't want to prosecute anymore. The judge can't be impartial if he is trying to also be the prosecutor. 

The case isn’t really going anymore. The judge is making an appeal, which is his right, to have the entire upper court hear his plea after getting told to do his job by the court. 

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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2 hours ago, thelawlorfaithful said:

The case isn’t really going anymore. The judge is making an appeal, which is his right, to have the entire upper court hear his plea after getting told to do his job by the court. 

Michael Flynn case to be reheard by full federal appeals court in D.C.

https://www.washingtonpost.com/local/legal-issues/michael-flynn-case-to-be-reheard-by-full-federal-appeals-court-in-dc/2020/07/30/003f9720-d033-11ea-8d32-1ebf4e9d8e0d_story.html?hpid=hp_hp-more-top-stories_flynn-1230pm%3Ahomepage%2Fstory-ans

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We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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Judge Sullivan might have really kicked up a hornets nest for himself here. The DC Court has ordered the parties to consider whether a certain statute in the law might be relevant in the en banc hearing.


https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view
 

The statute deals with the legal reasons for disqualification of a judge.

https://www.law.cornell.edu/uscode/text/28/455

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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13 minutes ago, thelawlorfaithful said:

Judge Sullivan might have really kicked up a hornets nest for himself here. The DC Court has ordered the parties to consider whether a certain statute in the law might be relevant in the en banc hearing.


https://drive.google.com/file/d/1CKdyag-RhjQvtMuirc1KapD_pO3XTH43/view
 

The statute deals with the legal reasons for disqualification of a judge.

https://www.law.cornell.edu/uscode/text/28/455

I thought that was interesting, so I did a little reading. In order for something like that to be discussed, it simply takes a single judge to bring it up as something they'd like to discuss. So while it may be serious, I don't think it's fair to call it kicking up a hornets nest at this juncture. It could be that one of the judges wanted to bring it up (no big deal), or a majority or even all of them did (Sullivan is not in a good place). We'll just have to see what happens on Tuesday. 

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1 hour ago, retrofade said:

I thought that was interesting, so I did a little reading. In order for something like that to be discussed, it simply takes a single judge to bring it up as something they'd like to discuss. So while it may be serious, I don't think it's fair to call it kicking up a hornets nest at this juncture. It could be that one of the judges wanted to bring it up (no big deal), or a majority or even all of them did (Sullivan is not in a good place). We'll just have to see what happens on Tuesday. 

I'd bet the first of those two. Everything I've read is that the court will likely side with Sullivan en Banc and then Sullivan will accept the dismissal of the charges after forcing the doj to explain itself a little more thoroughly.

Planning is an exercise of power, and in a modern state much real power is suffused with boredom. The agents of planning are usually boring; the planning process is boring; the implementation of plans is always boring. In a democracy boredom works for bureaucracies and corporations as smell works for skunk. It keeps danger away. Power does not have to be exercised behind the scenes. It can be open. The audience is asleep. The modern world is forged amidst our inattention.

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Just now, retrofade said:

 

 


This was expected. Sullivan will drop the charges after sweating the DOJ a little bit. If he doesn't drop them, the higher courts will then step in and force his hand. That would be an actual example of judicial overreach if he opted against dropping the charges. 

Planning is an exercise of power, and in a modern state much real power is suffused with boredom. The agents of planning are usually boring; the planning process is boring; the implementation of plans is always boring. In a democracy boredom works for bureaucracies and corporations as smell works for skunk. It keeps danger away. Power does not have to be exercised behind the scenes. It can be open. The audience is asleep. The modern world is forged amidst our inattention.

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1 minute ago, smltwnrckr said:


This was expected. Sullivan will drop the charges after sweating the DOJ a little bit. If he doesn't drop them, the higher courts will then step in and force his hand. That would be an actual example of judicial overreach if he opted against dropping the charges. 

Agreed on all counts. 

The vote was 8-2, with the Judges that originally ruled for Flynn (Rao and Henderson) both voting opposite of the majority. 

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So, the DOJ is now playing defense attorney and fake OPPO dump Truck? And they're lying about it in court?

https://www.politico.com/news/2020/10/27/justice-department-michael-flynn-filings-432851

Planning is an exercise of power, and in a modern state much real power is suffused with boredom. The agents of planning are usually boring; the planning process is boring; the implementation of plans is always boring. In a democracy boredom works for bureaucracies and corporations as smell works for skunk. It keeps danger away. Power does not have to be exercised behind the scenes. It can be open. The audience is asleep. The modern world is forged amidst our inattention.

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25 minutes ago, smltwnrckr said:

So, the DOJ is now playing defense attorney and fake OPPO dump Truck? And they're lying about it in court?

https://www.politico.com/news/2020/10/27/justice-department-michael-flynn-filings-432851

Jesus Christ, that's +++++ed. 

Mind you, Flynn is just going to receive a pardon or some sort anyway.

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2 minutes ago, retrofade said:

Jesus Christ, that's +++++ed. 

Mind you, Flynn is just going to receive a pardon or some sort anyway.

Sullivan still will dismiss the charges, I guess unless somehow it is uncovered that the alterations were deliberate attempts to smear Biden. I have a hard time believing real strong evidence for that will come out.

It would be funny if these knuckleheads at the DOJ effed up just enough to slow down the proceedings and delay this until there is a Biden DOJ and Flynn doesn't get pardoned. (Can a president pre-pardon someone?) 

Planning is an exercise of power, and in a modern state much real power is suffused with boredom. The agents of planning are usually boring; the planning process is boring; the implementation of plans is always boring. In a democracy boredom works for bureaucracies and corporations as smell works for skunk. It keeps danger away. Power does not have to be exercised behind the scenes. It can be open. The audience is asleep. The modern world is forged amidst our inattention.

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3 minutes ago, smltwnrckr said:

Sullivan still will dismiss the charges, I guess unless somehow it is uncovered that the alterations were deliberate attempts to smear Biden. I have a hard time believing real strong evidence for that will come out.

It would be funny if these knuckleheads at the DOJ effed up just enough to slow down the proceedings and delay this until there is a Biden DOJ and Flynn doesn't get pardoned. (Can a president pre-pardon someone?) 

There's a school of thought that a President can give someone a "blanket" pardon. 

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On 8/8/2020 at 3:53 PM, soupslam1 said:

I’m not sure why the court system is wasting their time because Trump is going to pardon him regardless what the court decides. 

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The defense department inspector general has uncovered evidence that Michael Flynn accepted hundreds of thousands of dollars from foreign interests and governments, despite repeated warnings by the DoD and the justice department that his conduct might be illegal, the Guardian can reveal.

After the retired general pleaded guilty in 2017 to federal criminal charges that he had lied to the FBI during its investigation of Russia’s interference in the 2016 presidential election, then-president Donald Trump, Flynn and their supporters claimed that Flynn was the victim of political persecution.

Flynn’s prosecution, they insisted, without evidence, was the result of a vast conspiracy by the FBI and US intelligence agencies to sabotage Trump’s presidential campaign and presidency. Trump pardoned Flynn in the final days of his presidency.

But while pleading guilty in 2017, Flynn also admitted to committing another crime: related to his acceptance of hundreds of thousands of dollars from the government of Turkey without registering with the justice department as an agent of a foreign government, which was required by law.

Now, according to people familiar with the confidential findings of the recently completed IG investigation, the Guardian can reveal Flynn was warned years earlier that his acceptance of foreign money and his not registering as a foreign agent likely would be illegal.

Moreover, Flynn’s conduct occurred while he was a private citizen, long before Trump became president. Taken together, this appears to constitute powerful new evidence discrediting Trump and Flynn’s claims of political persecution by those opposed to Trump’s agenda.

The new disclosures portray how a former military officer, despite his training to obey rules and orders, was instead driven by personal profit to break the law.

https://www.theguardian.com/us-news/2021/apr/08/michael-flynn-ignored-official-warnings-receiving-foreign-payments

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