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No, actually Pence was told he lied by no Yates and Brennan, I believe it was, and now there are questions as to whether he actually did lie...The justice dept said the retired General was intentionally entrapped by slick agents in the FBI under orders by the Obama administration. Didn't agents swear under oath when they obtained the fraudulent FISA warrant? I guess it's a felony to lie to the FBI but it isn't against the law when they lie to us.
You left out that Flynn lied to Vice President Pence, who was questioning Flynn on behalf of President Trump. So in effect, Flynn lied to the president.
Are you O.K. with that?
waited until 33 million americans are unemployed and over a million infected to come up with that bullshit didnt you -
DUMBASS
Flynn has not been sentenced. The judge cannot have accepted his plea bargain if he has not been sentenced. What part of that do you not get?From your OWN FUCKING LINK:No, all of them should be able to change their plea before sentencing, and they routinely ARE allow to do so. This is not just about Flynn.Only for those defendants who want to change their plea, like Flynn.Then you need to throw out every single guilty plea don't you?
.
Ok so they should all be allowed to just change their plea.
After pleading twice.
Or just Flynn?
Government cannot abuse citizens and coerce them into guilty pleas, then point to the plea as evidence of guilt. That is completely asinine.
.
No. They are not routinely allowed to do so.
Judges allow defendants to withdraw guilty pleas only in limited situations.
Withdrawing a Guilty Plea
Judges allow defendants to withdraw guilty pleas in only limited situations.www.nolo.com
Pre-Sentence Withdrawal
A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. (The prosecution can sometimes back out of a deal, too.)
For example, if Clay pleads guilty to bribery in exchange for the prosecution’s agreement to a three-years-or-less sentence, but the judge indicates an intention to sentence him to five years, he can probably withdraw the plea.
You are better than this. Quit letting your Trump hatred blind you.
.
Oh. And let's actually look at what you quoted (but maybe didn't actually read?) and put it in terms of Flynn's case (tone down your automatic Trump Defense System please).
First: Did the Judge accept Flynn's guilty plea?
Second: did you take note of certain terms - "sometimes" and "when the judge rejects the negotiated agreement pursuant to which the defendant pleaded"
Just wait...No, actually Pence was told he lied by no Yates and Brennan, I believe it was, and now there are questions as to whether he actually did lie...The justice dept said the retired General was intentionally entrapped by slick agents in the FBI under orders by the Obama administration. Didn't agents swear under oath when they obtained the fraudulent FISA warrant? I guess it's a felony to lie to the FBI but it isn't against the law when they lie to us.
You left out that Flynn lied to Vice President Pence, who was questioning Flynn on behalf of President Trump. So in effect, Flynn lied to the president.
Are you O.K. with that?
VP Pence went on meet the press and told the world what Michael Flynn told him. And Pence stated that Flynn told him, that he did not talk to the Russian ambassador about sanctions.
Which is a lie. Whether they showed the transcript to Pence, or directly to Trump, the president announced he fired Flynn because he lied to the vice president. Period. Full stop.
www.foxnews.com
Guilt is not determined by popular opinion or messageboards. If there is enough evidence to merit charges that are prosecutable, then it will go forward. Otherwise you are just blowing hot air.
A highly respected US Attorney looked into the case and recommended the guilty plea be withdrawn, and the charges dropped. The Attorney General accepted that and dismissed the case. You lose.
VP Pence went on meet the press and told the world what Michael Flynn told him. And Pence stated that Flynn told him, that he did not talk to the Russian ambassador about sanctions.
Which is a lie. Whether they showed the transcript to Pence, or directly to Trump, the president announced he fired Flynn because he lied to the vice president. Period. Full stop.
There were no crimes done against vainglorious and deceitful General Flynn. He was convicted by a jury, his attempts to have it reversed thrown out. The judge has seen all the documentation. Like all of Trumps criminal crony's - he will remain a free man regardless of what the judge (and jury) determines because he has the right connections: Trump and Russia.
E]
And many highly respected US Attorney's thought the opposite. Unfortunately I think history is going to look at these affairs as a dark blight on the rule of law. What the FBI did was procedural and technical errors, sloppy work and firings were deserved. What the Trump administration has done, through Barr, is circumvented the entire justice system. The message is - if you are in good terms with Trump...there is no accountability.
“This is a pardon disguised as a technical legal matter.”
The FBI couldn't go after Flynns son, unless Flynn brought his son into a co-conspiracy of lawbreaking with his father. How else would Flynn have known his son was vulnerable to FBI prosecution.He did it to save his son who the fbi were threatening to go after.
And that being so, why did Flynn get his own son involved in breaking the law?
Flynn was not convicted by a jury. There was never a jury trial.
And I'll tell you the same as I tell anyone else; if you claim that his guilty pleas are evidence of guilt then you are a racist and I can give dozens, if not hundreds, if not thousands, of cases where prosecutors have threatened people of color to plea deals by threats of very long sentences and those cases were later proved to be wrong.
Oh, please, Coyote, please. All the lying those -respected- officials did in public? Yet when under oath their stories were quite different. When will you admit it? Ever? What’s in this for you?Guilt is not determined by popular opinion or messageboards. If there is enough evidence to merit charges that are prosecutable, then it will go forward. Otherwise you are just blowing hot air.
A highly respected US Attorney looked into the case and recommended the guilty plea be withdrawn, and the charges dropped. The Attorney General accepted that and dismissed the case. You lose.
And many highly respected US Attorney's thought the opposite. Unfortunately I think history is going to look at these affairs as a dark blight on the rule of law. What the FBI did was procedural and technical errors, sloppy work and firings were deserved. What the Trump administration has done, through Barr, is circumvented the entire justice system. The message is - if you are in good terms with Trump...there is no accountability.
“This is a pardon disguised as a technical legal matter.”
Oh, you mean the same FARA reg the Podesta’s were let go scott free for?Flynn was not convicted by a jury. There was never a jury trial.
And I'll tell you the same as I tell anyone else; if you claim that his guilty pleas are evidence of guilt then you are a racist and I can give dozens, if not hundreds, if not thousands, of cases where prosecutors have threatened people of color to plea deals by threats of very long sentences and those cases were later proved to be wrong.
Except in this case Flynn was only threatened with one felony count (18 USC 1001) , and his plea agreement was for his cooperation with the Mueller investigation, and they would not charge him with any of the crimes he allocated to, including lying on his FARA registration.
They can try, but if the person didn't break any laws, the FBI can't get an indictment, or a conviction.Are you joking? The FBI can't go after someone who didn't commit a crime? You're missing the whole premise of this discussion. It starts with the FBI going after people who didn't commit crimes.
Oh, please, Coyote, please. All the lying those -respected- officials did in public? Yet when under oath their stories were quite different. When will you admit it? Ever? What’s in this for you?
She lost her temper and showed her true colors (again)....the CYA always follows one of her outbursts.
Flynn has not been sentenced. The judge cannot have accepted his plea bargain if he has not been sentenced. What part of that do you not get?From your OWN FUCKING LINK:No, all of them should be able to change their plea before sentencing, and they routinely ARE allow to do so. This is not just about Flynn.Only for those defendants who want to change their plea, like Flynn.Then you need to throw out every single guilty plea don't you?
.
Ok so they should all be allowed to just change their plea.
After pleading twice.
Or just Flynn?
Government cannot abuse citizens and coerce them into guilty pleas, then point to the plea as evidence of guilt. That is completely asinine.
.
No. They are not routinely allowed to do so.
Judges allow defendants to withdraw guilty pleas only in limited situations.Withdrawing a Guilty Plea
Judges allow defendants to withdraw guilty pleas in only limited situations.
Pre-Sentence Withdrawal
A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. (The prosecution can sometimes back out of a deal, too.)
For example, if Clay pleads guilty to bribery in exchange for the prosecution’s agreement to a three-years-or-less sentence, but the judge indicates an intention to sentence him to five years, he can probably withdraw the plea.
You are better than this. Quit letting your Trump hatred blind you.
.
Oh. And let's actually look at what you quoted (but maybe didn't actually read?) and put it in terms of Flynn's case (tone down your automatic Trump Defense System please).
First: Did the Judge accept Flynn's guilty plea?
Second: did you take note of certain terms - "sometimes" and "when the judge rejects the negotiated agreement pursuant to which the defendant pleaded"
.
www.nolo.com
What amazes me is when Hillary did outright lie, it wasn’t lying according to them. Hypocrites one and all.Oh, please, Coyote, please. All the lying those -respected- officials did in public? Yet when under oath their stories were quite different. When will you admit it? Ever? What’s in this for you?
I don't know what Podesta admitted to, but Flynn admitted lying several times on his FARA registration (all felonies) as part of his plea deal.Oh, you mean the same FARA reg the Podesta’s were let go scott free for?Except in this case Flynn was only threatened with one felony count (18 USC 1001) , and his plea agreement was for his cooperation with the Mueller investigation, and they would not charge him with any of the crimes he allocated to, including lying on his FARA registration.
Oh, please, Coyote, please. All the lying those -respected- officials did in public? Yet when under oath their stories were quite different. When will you admit it? Ever? What’s in this for you?Guilt is not determined by popular opinion or messageboards. If there is enough evidence to merit charges that are prosecutable, then it will go forward. Otherwise you are just blowing hot air.
A highly respected US Attorney looked into the case and recommended the guilty plea be withdrawn, and the charges dropped. The Attorney General accepted that and dismissed the case. You lose.
And many highly respected US Attorney's thought the opposite. Unfortunately I think history is going to look at these affairs as a dark blight on the rule of law. What the FBI did was procedural and technical errors, sloppy work and firings were deserved. What the Trump administration has done, through Barr, is circumvented the entire justice system. The message is - if you are in good terms with Trump...there is no accountability.
“This is a pardon disguised as a technical legal matter.”
Flynn has not been sentenced. The judge cannot have accepted his plea bargain if he has not been sentenced. What part of that do you not get?From your OWN FUCKING LINK:No, all of them should be able to change their plea before sentencing, and they routinely ARE allow to do so. This is not just about Flynn.Only for those defendants who want to change their plea, like Flynn.Then you need to throw out every single guilty plea don't you?
.
Ok so they should all be allowed to just change their plea.
After pleading twice.
Or just Flynn?
Government cannot abuse citizens and coerce them into guilty pleas, then point to the plea as evidence of guilt. That is completely asinine.
.
No. They are not routinely allowed to do so.
Judges allow defendants to withdraw guilty pleas only in limited situations.Withdrawing a Guilty Plea
Judges allow defendants to withdraw guilty pleas in only limited situations.
Pre-Sentence Withdrawal
A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. (The prosecution can sometimes back out of a deal, too.)
For example, if Clay pleads guilty to bribery in exchange for the prosecution’s agreement to a three-years-or-less sentence, but the judge indicates an intention to sentence him to five years, he can probably withdraw the plea.
You are better than this. Quit letting your Trump hatred blind you.
.
Oh. And let's actually look at what you quoted (but maybe didn't actually read?) and put it in terms of Flynn's case (tone down your automatic Trump Defense System please).
First: Did the Judge accept Flynn's guilty plea?
Second: did you take note of certain terms - "sometimes" and "when the judge rejects the negotiated agreement pursuant to which the defendant pleaded"
.
That part about it not being accepted until he is sentenced.
How Judges Accept and Reject Plea Deals
The lawyers agreeing to a deal isn't the end of the story: Judges have to stamp plea agreements.
A plea bargain (or plea deal) occurs when the prosecution and defense negotiate and agree upon the appropriate resolution of a criminal case. There are several types of plea bargain (see What are the different kinds of plea bargaining?), but no agreement is binding until the parties present it to a judge who approves it.
Presenting the Plea to the Judge
To evaluate a proposed plea bargain, the judge must know all the terms of the deal, including any future conditions or unusual aspects. For example, if Donnie Defendant is offered a lighter sentence in return for future testimony against a codefendant, the parties must make this condition clear to the judge when presenting the terms of the plea. Similarly, the parties would have to inform the judge if there is anything unusual in how he is to complete his sentence—for example, if the terms of the plea require him to perform 600 hours of community service, but only on weekends.
Judicial Discretion in Evaluating Plea Deals
A judge has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant’s character, and the defendant’s prior criminal record.
Other factors to consider include:
Deciding on the Plea
- the underlying facts of the case (or factual basis for the plea)
- the interests of the victim (although a court can accept or reject a plea agreement without the victim’s approval), and
- the interests of the general public.
While plea procedure varies from judge to judge and jurisdiction to jurisdiction, judges must always decide whether to accept the plea terms before the defendant actually enters the plea.
When judges decide on a proposed plea bargain, they may be able to
In some jurisdictions, if the prosecution and the defendant agree to a sentence and the judge accepts the negotiated plea, that judge must accept the entire agreement, including the agreed-upon sentence. In other jurisdictions, even when accepting a plea agreement, the judge isn't required to accept the sentencing recommendation. Some jurisdictions require that the accused be given the opportunity to withdraw the plea if the judge doesn’t follow the sentencing recommendation. (See Withdrawing a Guilty Plea.)
- accept the terms of the plea agreement
- reject the terms of the agreement
- defer the decision until considering the presentence report
- accept the plea agreement on certain terms, but reject the negotiated sentence (called a partially negotiated plea in some jurisdictions), or
- suggest that the defendant plead without a negotiated agreement (if, for example, the judge is inclined to give a lighter sentence than the plea deal calls for).
When judges refuse a proposed plea bargain, they must follow their jurisdiction’s procedure, which usually requires that they identify on the record the reasons for not accepting the deal.
If the Judge Accepts the Plea
Once the judge accepts the defendant’s guilty or no contest plea and enters a conviction, that judge can’t later overturn the plea agreement. However, when the parties agree upon a negotiated plea that requires that the defendant perform certain conditions, the court retains jurisdiction until the conditions are satisfied. If the defendant doesn’t satisfy the conditions, the judge can reject the plea and resentence the defendant. An example is a defendant who, in order to receive community service instead of jail time, agreed to but failed to complete the assigned service.
