First Step Toward bringing to heel Lunatic Judge in Flynn Case.

Any....day....now.....
But hey, you read what you want into this. The appeals court is just setting a timeline. Not a ruling. :)
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I read---that they did not have to require the Judge to, in effect, explain his behavior. Writ of Mandamus is an extreme remedy. The Court could have dismissed it without comment.

If you are a Democrat/Socialist/Bolshevik-in-Waiting----hoping a 33 year Combat General continues to get Railroaded by Gestapo-like tactics---you can't like the "timeline".

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Yeah...and if that "33 year Combat General" had just remained faithful to his oath..instead of to his god (LOCK HER...errr HIM UP!!), he wouldn't be in the hot water he's in...errr.....OK, lukewarm water...Thanks Billy Barr!!
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He was about to tell the new Administration, who he worked for, about all the illegal side deals the crook Obama made with Iran.
 
He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.
Cite? Contempt?

:laughing0301:

All these fucking "legal scholars."

.
Excuse me? You think the judge should not rule on the motions? You think judges are fine with people who come to court, hold up their hand, swear on a bible, face them and lie to them straight in the face? I'm no legal scholar, but you sure ain't one either.
 
Another report:

"A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it."

He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.
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In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person.

You may not be able to comprehend, but you have had, and will continue to have, the opportunity to understand the Hell this 33 year Combat General went through, because the criminal Obama had it in for him.

If you had any sense, you would be very worried about what our own Government can do and is is willing to do if run by criminals like Obama, Rice, Comey, McCabe, Strzok, et al.

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What a cop out. Good thing he was never captured, as according to you he was never able to resist coercion and would have sung like a canary and tune they wanted to hear. No. He ain't that type of guy.
 
Slow down. What's the rush? Flynn isn't going anywhere until there's a ruling. And the courts are running in slow motion because many things are on hold because of the coronavirus.

If Flynn was sitting in jail, I would agree somebody should light a fire under the judges ass, but Flynn is a free man. And will continue to be a free man no matter now long it takes.
He is paying his lawyer!
Flynn is jacking up his costs by having his lawyers file appeals, and motions to speed up the decision. Flynn isn't charged for the time the case is on "hold" when his lawyers aren't filing motions, appearing in court, or performing other "billable" work.
 
The way the system works is one side prosecutes, one side defends and the Judges referees.

In this case the judge has moved into the prosecutor position, this way doesn't work.
Actually Judge Sullivan appointed a retired judge to act in that role. As you pointed out, american courts are an "adversarial" system. Which means you NEED to have both sides of a controversy represented.

Both sides of the issue are represented here. Gen. Flynn on one side, the DOJ on the other. The judge is supposed to be impartial here.

And they are both in agreement. That means there is no controversy and the issue is moot.
 
Any....day....now.....
But hey, you read what you want into this. The appeals court is just setting a timeline. Not a ruling. :)
___________

I read---that they did not have to require the Judge to, in effect, explain his behavior. Writ of Mandamus is an extreme remedy. The Court could have dismissed it without comment.

If you are a Democrat/Socialist/Bolshevik-in-Waiting----hoping a 33 year Combat General continues to get Railroaded by Gestapo-like tactics---you can't like the "timeline".

_______

Yeah...and if that "33 year Combat General" had just remained faithful to his oath..instead of to his god (LOCK HER...errr HIM UP!!), he wouldn't be in the hot water he's in...errr.....OK, lukewarm water...Thanks Billy Barr!!
_______

He was about to tell the new Administration, who he worked for, about all the illegal side deals the crook Obama made with Iran.

Flynn??..sure. And that's why he was photographed texting on his cell phone with "some Russian" during Trump's inauguration. LOL.
Flynn texted during inauguration to suggest Russia sanctions would end, Democrat says

But yeah, Donny Jr and the rest of Da Crew..were at Trump Tower to talk about adoption. :)
 
Another report:

"A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it."

He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.

The word is "cite".

If the judge does decide to punish him, who is going to see that any punishment is carried out? The DOJ wants to drop charges because it makes them susceptible to charges of malicious prosecution.

I kinda think Flynn is going to sue the FBI/DOJ anyway, as he should IMHO. I don't know if criminal charges can be brought against anybody involved, the burden of proof is harder than it is in civil cases. But I would love to see them effers going to jail for what they did.
If he gets out of this, he should sue his orignal legal team and get all his money back and maybe some for his trouble, the is if he does finally get out of this.
Another report:

"A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it."

He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.
Slow down. What's the rush? Flynn isn't going anywhere until there's a ruling. And the courts are running in slow motion because many things are on hold because of the coronavirus.

If Flynn was sitting in jail, I would agree somebody should light a fire under the judges ass, but Flynn is a free man. And will continue to be a free man no matter now long it takes.
I understand. I just think the judge is jacking this around, probably thinking he was jacked around and he undoubtedly would be right, he has all that is necessary to rule on the motions to his bench either way and either put it to rest or see it go further up into the appeals process for right or wrong.
 
The way the system works is one side prosecutes, one side defends and the Judges referees.

In this case the judge has moved into the prosecutor position, this way doesn't work.


And is in violation of Circuit precedent, as well as a recent and unanimous Suprem Court decision.
 
Another report:

"A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it."

He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.

The word is "cite".

If the judge does decide to punish him, who is going to see that any punishment is carried out? The DOJ wants to drop charges because it makes them susceptible to charges of malicious prosecution.
If the judge does not accept the motion and sentences. Justice, defense etc will most likely appeal, unless you think they will just say "OK Mike, we tried, see ya in 4 months,"
Let's say he finds him guilty. Who is going to carry out the sentence, whatever it would be?
 
"A federal appeals court Thursday has agreed to hear a request from Michael Flynn's legal team to remove the district judge overseeing his case, and has also ordered the judge to explain his controversial and unorthodox conduct in handling it."
I think Sullivan plans to hold Barr accountable for his controversial, corrupt, unprecedented, unorthodox conduct in handling it.
 
I cannot imagine what Sullivan can possibly say that would permit the abrogation of the separation of powers between the Judicial and Executive Branches. What he did cannot possibly be allowed to stand.
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Our duly constituted Attorney General's office has declined to go forward with prosecution, based on new--and damning evidence.

So, this lunatic DEMOCRAT judge has, in effect, appointed his own private prosecutor---one who is indicating he may want to interview more witnesses. Its unprecedented. Nothing like it has happened in our historical jurisprudence since maybe even back to Charles I in 1640 and they cut his head off for such shenanigans.
 
He absolutely should have already ruled on the justice department motion and the Flynn defense motion, eve if the ruling was no. Would not be surprised if he is taking time considering whether to site Flynn with contempt for standing in front of him, raising his right hand and verbally affirming/admitting to the crimes already admitted in the plea agreement that kept other charges out, and making verbal contrition.
Cite? Contempt?

:laughing0301:

All these fucking "legal scholars."

.
Excuse me? You think the judge should not rule on the motions? You think judges are fine with people who come to court, hold up their hand, swear on a bible, face them and lie to them straight in the face? I'm no legal scholar, but you sure ain't one either.
Nobody swears on a Bible. You watch too much old TV!
 
Our duly constituted Attorney General's office has declined to go forward with prosecution, based on
Our duly constituted Attorney General's office has declined to go forward with prosecution, based on a pile of fabricated horseshit. I just hope Sullivan is up to the task of exposing Barr for the bag man he is.

"There are just two documents that DOJ probably wouldn’t have already had or reviewed. One is a draft memo closing the investigation into Flynn. The other is the Jim Comey transcript briefing the House Intelligence Committee on the Flynn investigation. Because the former was an FBI document, it’s not clear it would ever have made it into DOJ files. And it dates to earlier than the Brady requests Flynn made last year. That said, the fact that FBI had decided to close out the investigation up until they discovered Flynn’s calls with Sergey Kislyak was public before Flynn pled guilty a second time, when he swore that he had no concerns about Brady. And the circumstances surrounding the non-closure of this investigation made it into 302s otherwise accounted for."

As to the Comey transcript, DOJ said it did not have an unredacted copy of this last year. But like the draft closure, the facts in it have long been public, most notably in the House Intelligence Report on their Russian investigation, which was done nine months before Flynn pled guilty again.
 
Both sides of the issue are represented here. Gen. Flynn on one side, the DOJ on the other. The judge is supposed to be impartial here.

And they are both in agreement. That means there is no controversy and the issue is moot.

Actually NOT. Examples where an adversarial representation is required, the death penalty in Texas, which has mandatory direct appeal.


AFTER A DEFENDANT IS CONVICTED OF CAPITAL MURDER AND SENTENCED TO DEATH AT TRIAL, THE APPELLATE PROCESS BEGINS. A CAPITAL CONVICTION IS NORMALLY REVIEWED IN (APPEALED TO) BOTH STATE COURT AND FEDERAL COURT.

Death Penalty Appeals Process | Capital Punishment in Context
capitalpunishmentincontext.org › resources › dpappealsprocess


The direct appeal is an automatic appeal given to everyone sentenced to death.
 
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And is in violation of Circuit precedent, as well as a recent and unanimous Suprem Court decision.

That USSC case revolved around a court principle that a court only rules on the issues before it.

What is dicta law?
A statement of opinion or belief considered authoritative because of the dignity of the person making it. The term is generally used to describe a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar.
 
"A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case."


This article is by one of the Democratic Media---so the spin will always be there. More honest reports likely soon.
Yes, to respond. Hopefully he responds by telling them to go fuck themselves.
 

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