Is Judge Sullivan Required To Grant Trump Motion To Dismiss Charges Against Michael Flynn? No.

[Persistence Of Memory]

Is Judge Sullivan required to grant the Trump Administration’s motion to dismiss charges against Michael Flynn? Not necessarily.




Today the new Trump appointed US Attorney Timothy Shea moved to dismiss the charges against Michael Flynn.

In an extraordinary departure from the Justice Department’s typical handling of criminal cases, the Donald Trump-appointed leadership of the Justice Department on Thursday dropped charges against Michael Flynn, the former White House national security adviser who previously pleaded guilty to lying to the FBI about his contacts with Russia.
In a court filing, Trump-appointed U.S. Attorney Timothy Shea said that even if Flynn lied about his contact with the Russian ambassador to the United States ahead of Trump’s 2017 inauguration, that Flynn’s lies were irrelevant to the FBI’s counterintelligence probe into his communications with Russia.

The government is moving to dismiss the charges per Rule 48(a).
Rule 48(a), allows the prosecutor to dismiss "with leave of the court."

Normally, where the defendant consents, this is a no-brainer. Of course, the Judge will grant the government’s motion, just like the Judge grants most motions brought by the government.

But, does the Judge have any power to deny a government motion to dismiss?

Yes. Most jurisdictions, including federal courts, recognize that under the doctrine of Separation of Powers , charging is an Executive Function and the decision to dismiss is a Judicial Function.

In California, while Chief Supreme Court Justice Ronald George was on the Los Angeles Trial Court, he famously refused to grant the District Attorney’s motion to dismiss murder charges against the Hillside Strangler and appointed the Attorney General to continue with prosecution, leading to convictions.

Under federal law, prior case-law has limited the ability of Judges to exercise this power to disagree with the prosecutor. The Judge is not required rubber stamp a Rule 48 motion to dismiss. But Judges can only deny the motion in extraordinary circumstances where the judge finds that the prosecutor abused his or her discretion, and where the judge finds that prosecutor has failed to consider factors in the public interest. The Judge may not withhold approval merely because his or her conception of public interest differs from that of prosecuting attorney.

In the government’s motion, they say that Flynn’s false statements were not “material” to the FBI’s Russia investigation. “Materiality” is an element of the crime of false statements. Were Flynn’s false statements about meetings with Kislyak and other Russians and Flynn’s false statements about lobbying for Turkey “material” to the Russian investigation? Almost certainly, but cases say Judges aren’t supposed to base a denial of a motion to dismiss on differing views of the evidence.

It would be an extraordinary move for the Judge to deny the motion. But consider Judge Sullivan’s past comments about Flynn in this case. “Arguably, you sold your country out.”

Sullivan could conceivably find extraordinary circumstances, bad faith, or disservice to the public interest and deny it. Alternatively, Sullivan could request briefing, maybe appoint an amicus, and possibly delay a decision until next year.

It’s not over.

Is Judge Sullivan required to grant Trump Motion to dismiss charges against Michael Flynn? No.

Is Judge Sullivan required to grant the Trump Administration’s motion to dismiss charges against Michael Flynn? Not necessarily. Today the new Trump appointed US Attorney Timothy Shea moved to dismiss the charges against Michael Flynn. In an...

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[EvilCat Breath]

This is what democrats are hanging on? That a judge will rescue their Crossfire dreams?

 

[CrusaderFrank]

He should throw the book at this criminal.

Barr should throw the book at Comey, agreed

 

[jknowgood]

It's never over for you guys. You still think Russia stole the election from Hillary.

Shut the fuck up. You guys are still blaming Obama for trumgot a ps fuck ups.

You guys never told me how Putin got you to vote for Trump. I know Russia gut about $100,000 worth of Facebook ads. Is that how he gotcha? Lol

 

[Crepitus]

If he doesn't accept dropping the charges, I hope he's prepared for all the death threats he'll get from the trump cultists.

It's just be a replay of what happened when he berated Flynn in court.

 

[Crepitus]

He should throw the book at this criminal.

Barr should throw the book at Comey, agreed

When this crazy nightmare is over Barr will have the book thrown at him.

 

[IM2]

It's never over for you guys. You still think Russia stole the election from Hillary.

Shut the fuck up. You guys are still blaming Obama for trumgot a ps fuck ups.

You guys never told me how Putin got you to vote for Trump. I know Russia gut about $100,000 worth of Facebook ads. Is that how he gotcha? Lol

I didn't vote for trump and it doesn't matter. The fact that it was shown that russians were meddling in our election and trump was aware of it is enough.

 

[IM2]

This is what democrats are hanging on? That a judge will rescue their Crossfire dreams?

There was no crossfire.

 

[jknowgood]

It's never over for you guys. You still think Russia stole the election from Hillary.

Shut the fuck up. You guys are still blaming Obama for trumgot a ps fuck ups.

You guys never told me how Putin got you to vote for Trump. I know Russia gut about $100,000 worth of Facebook ads. Is that how he gotcha? Lol

I didn't vote for trump and it doesn't matter. The fact that it was shown that russians were meddling in our election and trump was aware of it is enough.

There is no proof of Russian collusion and Trump was not charged for anything. You loon had unlimited money, resources, and two years to come up with something, anything. You didn't find anything.

 

[Slyhunter]

It's never over for you guys. You still think Russia stole the election from Hillary.

Shut the fuck up. You guys are still blaming Obama for trumgot a ps fuck ups.

You guys never told me how Putin got you to vote for Trump. I know Russia gut about $100,000 worth of Facebook ads. Is that how he gotcha? Lol

I didn't vote for trump and it doesn't matter. The fact that it was shown that russians were meddling in our election and trump was aware of it is enough.

It's only fair after all we meddle in theirs.
And what about the meddling done by Mexican illegal aliens or the Chinese do you care about that as well?

 

[Lumpy 1]

Why are Democrats still attacking this innocent man that was set up by Barack Obama’s DOJ

The DOD and Barr are not claiming Flynn is innocent. They are claiming a technicality prevents his lying from being relevant in his sentencing. Specifically, they are claiming that while Flynn did indeed lie to the FBI, the lies weren't relevant to the original charges.

The judge is going to dismiss and then some... prepare yourself to hate him as well..

Maybe you are right about the judge ruling, but that won't nullify the point of my post.

The original charges are now irrelevant, so sure.

I'm thinking the story ends there other than the persecution of Flynn by FBI officials and such.

I hope Flynn can start suing and recover his losses..

Will he sue himself for pleading guilty, twice.

Your loyalties undermine the realities but time will tell..

 

[Eric Arthur Blair]

Shut the fuck up. You guys are still blaming Obama for trumps fuck ups.

I blame Obama for tying to remove Trump from office.

 

[EdwardBaiamonte]

It would be an extraordinary move for the Judge to deny the motion.

Especially when you consider the following:

1) original investigation of Flynn concluded Flynn did not lie and case was closed
2) Strozk and Paige( vicious partisans) reopened case and doctored evidence of their interview
3) Flynn was illegally denied his Miranda and Brady like rights
4) Discouraging Russia from attacking USA was Flynn's saintly job so he must have been entrapped by dirty FBI (scum as Don calls them) to lie about it
5) FBI originally concluded Flynn had not lied, but 4 rabid mad dog TDS haters at top of FBI reopened the case for personal reasons.
6) Flynn plead guilty because he loved his son, not because he was guilty
7) TDS made FBI think they could treasonously change an American election by arresting Flynn and squeezing him about Trump collusion with Russia.
8) Obama administration colluded with FBI to illegally spy on Trump campaign, illegally unmasked victims, and illegally leaked information to press to influence election.
9) Now, the vicious FBI bottom feeders are reduced to ruining Flynn's life just to show their coup attempt didn't yield absolutely nothing.
10) The Deputy Attorney General, Director of National Intelligence,and Director of the Central Intelligence Agency all agreed that the FBI should have notified the incoming Trump administration and Flynn of what had actually been said on the calls, but 3 TDS rabid dogs at FBI refused confident they could build a coup out of Flynn's entrapped lie.
11) FBI wants to jail a life long American hero after tricking him into thinking that encouraging Russia not to attack us was somehow a crime! How slimy can you get?
12) In desperation to illegally railroad Flynn, Obama/FBI tried to resurrect a 1799 law, The Logan Act, that never had been used in American History, and, had it ever been used, it would not have remotely applied to Flynn who was simply doing his job.
13) Deep state Judge Sullivan has actually become, illegally, part of the prosecution and abandoned his job as judge.
14) When Flynn was interviewed he was fraudulently led to believe, by scummy, sanctimonious FBI, there was no investigation and no need for an attorney.
15) Flynn's comments were not material since there was no investigation of a crime behind the interview. The FBI had already found no collusion and had closed the case.
16) Scummy FBI had recorded Flynn so knew exactly what he had said when they asked him what he had said. Therefore FBI went to Flynn to create a crime not investigate one.
17) They tricked him into lying about encouraging Russian not to attack us when he should have been proud of it. Beware, the FBI can arrest anyone they want. They are far far above the law!!

 

[San Souci]

Is Judge Sullivan required to grant the Trump Administration’s motion to dismiss charges against Michael Flynn? Not necessarily.




Today the new Trump appointed US Attorney Timothy Shea moved to dismiss the charges against Michael Flynn.

In an extraordinary departure from the Justice Department’s typical handling of criminal cases, the Donald Trump-appointed leadership of the Justice Department on Thursday dropped charges against Michael Flynn, the former White House national security adviser who previously pleaded guilty to lying to the FBI about his contacts with Russia.
In a court filing, Trump-appointed U.S. Attorney Timothy Shea said that even if Flynn lied about his contact with the Russian ambassador to the United States ahead of Trump’s 2017 inauguration, that Flynn’s lies were irrelevant to the FBI’s counterintelligence probe into his communications with Russia.

The government is moving to dismiss the charges per Rule 48(a).
Rule 48(a), allows the prosecutor to dismiss "with leave of the court."

Normally, where the defendant consents, this is a no-brainer. Of course, the Judge will grant the government’s motion, just like the Judge grants most motions brought by the government.

But, does the Judge have any power to deny a government motion to dismiss?

Yes. Most jurisdictions, including federal courts, recognize that under the doctrine of Separation of Powers , charging is an Executive Function and the decision to dismiss is a Judicial Function.

In California, while Chief Supreme Court Justice Ronald George was on the Los Angeles Trial Court, he famously refused to grant the District Attorney’s motion to dismiss murder charges against the Hillside Strangler and appointed the Attorney General to continue with prosecution, leading to convictions.

Under federal law, prior case-law has limited the ability of Judges to exercise this power to disagree with the prosecutor. The Judge is not required rubber stamp a Rule 48 motion to dismiss. But Judges can only deny the motion in extraordinary circumstances where the judge finds that the prosecutor abused his or her discretion, and where the judge finds that prosecutor has failed to consider factors in the public interest. The Judge may not withhold approval merely because his or her conception of public interest differs from that of prosecuting attorney.

In the government’s motion, they say that Flynn’s false statements were not “material” to the FBI’s Russia investigation. “Materiality” is an element of the crime of false statements. Were Flynn’s false statements about meetings with Kislyak and other Russians and Flynn’s false statements about lobbying for Turkey “material” to the Russian investigation? Almost certainly, but cases say Judges aren’t supposed to base a denial of a motion to dismiss on differing views of the evidence.

It would be an extraordinary move for the Judge to deny the motion. But consider Judge Sullivan’s past comments about Flynn in this case. “Arguably, you sold your country out.”

Sullivan could conceivably find extraordinary circumstances, bad faith, or disservice to the public interest and deny it. Alternatively, Sullivan could request briefing, maybe appoint an amicus, and possibly delay a decision until next year.

It’s not over.

Is Judge Sullivan required to grant Trump Motion to dismiss charges against Michael Flynn? No.

Is Judge Sullivan required to grant the Trump Administration’s motion to dismiss charges against Michael Flynn? Not necessarily. Today the new Trump appointed US Attorney Timothy Shea moved to dismiss the charges against Michael Flynn. In an...

www.dailykos.com

Sullivan is a bought and paid for puppet of the DNC. Should be impeached ,Disbarred ,and sent directly to jail.