Judge Sullivan Scrambles For A Lifeline To Bail HIMSELF Out Of Dropped Flynn Case

[Nostra]

The Last Refuge

Outrageous – Flynn Judge Orders Retired Judicial Ally to File Brief Supporting Prosecution of Michael Flynn…

Posted on May 13, 2020 by sundance

Excerpt:

Stunning and outrageous doesn’t even begin to scratch the surface of this move by DC Judge Emett Sullivan in the Flynn case.

Judge Sullivan is requesting retired judge John Gleeson to file an amicus brief outlining why: (a) the charge against Flynn should not be dropped; and (b) frame the argument about how to prosecute Flynn for perjury.

LINK

=====

It appears to be another venal attempt to trash innocent people because they are disliked. The Judge is now acting like a rogue lawyer, trying to dredge up a series of bogus hurdles to a now dead case, the one the Lead Prosecutor dropped....., the one the DOJ dropped.

Flynn lied. Flynn admitted he lied. Flynn pled guilty to criminal charges. Why shouldn't the judge proceed with sentencing?

This is why the Democrat party is going down in flames, the determined drive to ignore and be ignorant of the Exculpatory evidence presented through legal documents, is why YOU are making a fool of yourself in your blind partisan drive.

I have posted several times the evidence that Obama officials CONSPIRED to entrap General Flynn, they even say so in their now released memos!

Democrats are trying hard to drag this out because they don't respect the rule of law.

It's not entrapment. It's how the FBI operates and their methods are backed by the Judicial branch.

​

While the essence of the entrapment defense is the defendant's lack of predisposition to commit the offense, the "defense" of outrageous government conduct presupposes predisposition but seeks dismissal of the indictment on the ground that the conduct of law enforcement agents was "so outrageous that due process principles would absolutely bar the government from invoking judicial process to obtain a conviction." United States v. Russell, 411 U.S. 423, 431-32 (1973). Thus, the outrageous government conduct defense is not really a defense at all. Rather, it is a claim that the institution of the prosecution suffers from a purely legal defect; as such, the claim is waived unless raised prior to trial under Fed. R. Crim. P. 12(b)(1) and (b)(2). See, e.g., United States v. Henderson-Durand, 985 F.2d 970, 973 & n. 5 (8th Cir.), cert. denied, 510 U.S. 856 (1993); United States v. Duncan, 896 F.2d 271, 274 (7th Cir. 1990); United States v. Nunez-Rios, 622 F.2d 1093, 1099 (2d Cir. 1980).​

​

The Supreme Court has never held that the government's mere use of undercover agents or informants, or the use of deception by them, gives rise to a due process violation, although in Russell it left open that possibility. The requisite level of outrageousness could be reached only where government conduct is so fundamentally unfair as to be "shocking to the universal sense of justice." Id. at 432. No court of appeals has held that a predisposed defendant may establish a due process violation simply because he purportedly was induced to commit the crime by an undercover agent or informant. See, e.g., United States v. Pedraza, 27 F.3d 1515, 1521 (10th Cir.) (not outrageous for government "to infiltrate an ongoing criminal enterprise, or to induce a defendant to repeat, continue, or even expand criminal activity."), cert. denied, 115 S. Ct. 347 (1994).​

​

Defendants who claim to be victims of outrageous government conduct sometimes also argue that the district court should dismiss the indictment in the exercise of its supervisory power. In the absence of a due process violation, however, a district court has no authority to dismiss an indictment on this basis. See, e.g., United States v. Simpson, 927 F.2d 1088, 1090 (9th Cir. 1991).​

​

648. Entrapment—Outrageous Government Conduct

This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact [email protected] if you have any questions about the archive site.

www.justice.gov

Another Googler not reading and thinking.. Entrapment in the general sense is misconduct where the law enforcers LEAD someone INTO an ACTUAL crime.. Like getting the Ruby Ridge Weaver guy to "saw off" a shot-gun for them or giving a potential suspected Jihadist a "fake bomb" to go try and explode...

Doesn't APPLY to "process crimes" when no ACTUAL crime has been committed or when NO WARRANT can be sought.. All of the futile googling you did is for "entrapment" where there IS a warrant to investigate this person existing...

This "process crime" was the ONLY way "get Flynn" open to them.. No GROUNDS for any further CRIMINAL investigation were left open.. That's what that "hand-written" memo that was lately uncovered TOLD YOU... The agents wanted to know "what their goal was here"?? "To get Flynn FIRED"? To get him to LIE" ??? NOTHING ABOUT PURSUING A LEGITIMATE CRIMINAL INVESTIGATION..

Was not LEGALLY "entrapment".. It was a Hail Mary desperation AMBUSH to PRODUCE a process crime where NO REAL CRIME was under investigation..

Carefully premeditated lying to Investigators is a “process crime”?? No silly, it’s just STRAIGHT UP CRIME.

Flynn was well aware that lying like this can land him in deep shit, and he did it anyway. Ever wonder why?

The only lies, we have learned, are from Obamunists. Flynn didn't lie......

“The FBI possessed word-for-word transcripts of Flynn's December 2016 conversations with Kislyak, and publicly admitted to reviewing those transcripts and clearing Flynn of any wrongdoing.” Obama knew details of wiretapped Flynn phone calls, surprising top DOJ official in meeting with Biden, declassified docs show

​

Obama knew details of wiretapped Flynn phone calls, surprising top DOJ official in meeting with Biden, declassified docs show

President Obama was aware of the details of then-incoming national security adviser Michael Flynn's intercepted December 2016 phone calls with then-Russian Ambassador Sergey Kislyak, apparently surprising then-Deputy Attorney General Sally Yates, according to documents released Thursday as...

www.foxnews.com



“Strzok later would intervene and push to keep the Flynn probe open in January 2017, even after the FBI's Washington office signaled it wanted to close it because no "derogatory" information had been unearthed after consulting with other intelligence agencies in an exhaustive search….The stunning development came after internal memos were released raising serious questions about the nature of the investigation that led to Flynn’s late 2017 guilty plea of lying to the FBI as his legal fees mounted.



Both during and before the January 24, 2017 White House interview that led to Flynn's prosecution for one count of lying to the FBI, the bureau acknowledged having those full transcripts, raising the question of why agents would need to ask Flynn about what he said during the calls with Kislyak, except potentially as a pretext to obtain a false statements charge.

The FBI possessed word-for-word transcripts of Flynn's December 2016 conversations with Kislyak, and publicly admitted to reviewing those transcripts and clearing Flynn of any wrongdoing.” Obama knew details of wiretapped Flynn phone calls, surprising top DOJ official in meeting with Biden, declassified docs show



So…Flynn was used by the Obama/Russia Hoax as a wedge, tying him to Russia, the bête noire presented in this imbroglio, and by association, Trump as ‘a Russian agent/asset,’ something we’ve learned was totally false.

From Fox News? LOL. Absolutely. Read post #417. That sums up Flynn actions all the way from Moscow to Turkey to Trump administration.
From Fox News Obama knew Flynn talked to Kislyak....... Of course Obama knew Flynn talked to Kislyak. Why wouldn’t he? Why is that a problem?

You should ask your self. With so many generals available as NSA. Why did he hired this reject general Flynn in the first place?

From Fox News? LOL.

Um, you just touted Judge Nap from Fox News you raving lunatic.

 

[the other mike]

The Trump haters on here smell like Stzrok and Page.

 

[meaner gene]

Hey Stupid, to be a "traitor" one must commit "treason". You obviously are too fucking stupid to know the definition of either word because you have misused it several times.

You are an idiot.

Check your shoes, you just stepped in your own bullshit.

Traitor
noun
a person who betrays a friend, country, principle, etc.
"they see me as a traitor, a sellout to the enemy"

Definition of traitor.
1 : one who betrays another's trust or is false to an obligation or duty.
2 : one who commits treason.

 

[Nostra]

This analysis shows that what Judge Sullivan does will ultimately fail for several reasons:

American Thinker

Judge Sullivan should be careful what he asks for

By James V. DeLong

May 15, 2020

Excerpt:

The latest development in the persecution of Michael Flynn was Judge Sullivan's unusual order reacting to the DOJ motion to dismiss. As the DOJ establishes, a decision to drop a prosecution is a prerogative of the Executive Branch, so a judge's role is limited. He should establish that the dismissal is requested not to harass the defendant and then sign off.

Instead, Sullivan opened the door to amicus briefs in opposition to dismissal and then appointed an outside party to argue the point and to argue, as well, that Flynn should be held in contempt of court for perjury because he said he was guilty when he was actually innocent. (Or perhaps Sullivan intends to charge him for claiming innocence — it is a bit murky.)

It is unlikely that this effort to extend things will go on too long. The DOJ and Flynn can request a writ of mandamus from an appellate court holding Sullivan to his duty, and there is square precedent that mandamus is proper in a matter such as this one.

But suppose the case does go on, with extensive briefs and a consideration of a perjury charge against Flynn. It is unlikely to develop as Sullivan seems to think it will.

The DOJ motion to dismiss was carefully crafted.

LINK

=============

What Judge Sullivan did was stupid as hell, as he will get smashed over it.

There's no reason for Judge Sullivan to let Flynn off the hook. Flynn is a convicted felon who admitted he broke the law by lying to federal investigators.

It was a process crime.

 

[Nostra]

Hey Stupid, to be a "traitor" one must commit "treason". You obviously are too fucking stupid to know the definition of either word because you have misused it several times.

You are an idiot.

Check your shoes, you just stepped in your own bullshit.

Traitor
noun
a person who betrays a friend, country, principle, etc.
"they see me as a traitor, a sellout to the enemy"

Definition of traitor.
1 : one who betrays another's trust or is false to an obligation or duty.
2 : one who commits treason.

2 : one who commits treason.

Thanks for doing the legwork. That is exactly what I said it was.

 

[meaner gene]

There's no reason for Judge Sullivan to let Flynn off the hook. Flynn is a convicted felon who admitted he broke the law by lying to federal investigators.

It was a process crime.

Flynn also admitted to committing perjury to the federal courts.

 

[Nostra]

There's no reason for Judge Sullivan to let Flynn off the hook. Flynn is a convicted felon who admitted he broke the law by lying to federal investigators.

It was a process crime.

Flynn also admitted to committing perjury to the federal courts.

Never charged with perjury, moron.

 

[meaner gene]

Hey Stupid, to be a "traitor" one must commit "treason". You obviously are too fucking stupid to know the definition of either word because you have misused it several times.

You are an idiot.

Check your shoes, you just stepped in your own bullshit.

Traitor
noun
a person who betrays a friend, country, principle, etc.
"they see me as a traitor, a sellout to the enemy"

Definition of traitor.
1 : one who betrays another's trust or is false to an obligation or duty.
2 : one who commits treason.

2 : one who commits treason.

Thanks for doing the legwork. That is exactly what I said it was.

Maybe you didn't notice, there are TWO definitiions of Traitor, only the second definition requires he commit treason.

Maybe you missed the math lesson on Venn diagrams. The intersection of Treason and Traitor isn't all inclusive.

 

[meaner gene]

Flynn also admitted to committing perjury to the federal courts.

Never charged with perjury, moron.

Don't you mean, not YET charged with perjury. Let's see if Judge Sullivan holds Flynn in criminal contempt.

 

[charwin95]

The Supreme Court just unanimously overturned a similar case from the 9th circuit where the Judge tried this.

Informative.

Even Judge Napolitano from Fox News disagree with you and Barr’s decisions.
.

The Supreme Court, or Judge Nap..........................who carries more weight?

Hmmmmmmm..........

What Supreme Court? There are about 2,000 signatures asking Barr to resign supported by Napolitano. What that tells you? If we have those signatures just imagine how many judges or law makers and DECENT Americans that disagree with you and your cult members.

Let me give you (and the rest ) an example. You are the POTUS, you hired Political Chic as your NSA a Chinese lover, Political Chic called chinese warn of new sanction that is going to take place. Is that acceptable?

 

[Norman]

"D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- essentially allowing the court to use an "ask the audience" lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan's minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that "individuals and organizations" will file briefs "for the benefit of the court."

The move attracted immediate criticism -- and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case. ("Options exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option," Sullivan wrote in the past.)

"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter. "This is a violation of the judicial oath and applicable ethical rules."

It appears Sullivan, who viciously rebuked Flynn in court based on the lies presented in court now doesn't want to simply drop the case and walk away with egg on his face.

The easiest thing to do to make this all go away quietly would have been to allow the case to be dropped....but it appears Sullivan wants the circus to continue...

Flynn judge to allow 'amicus' submissions, delaying immediate resolution and drawing planned ethics complaint

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who...

www.foxnews.com

.

Prometheans seeking the lifeboats as the ship sinks.

 

[Nostra]

The Supreme Court just unanimously overturned a similar case from the 9th circuit where the Judge tried this.

Informative.

Even Judge Napolitano from Fox News disagree with you and Barr’s decisions.
.

The Supreme Court, or Judge Nap..........................who carries more weight?

Hmmmmmmm..........

What Supreme Court? There are about 2,000 signatures asking Barr to resign supported by Napolitano. What that tells you? If we have those signatures just imagine how many judges or law makers and DECENT Americans that disagree with you and your cult members.

Let me give you (and the rest ) an example. You are the POTUS, you hired Political Chic as your NSA a Chinese lover, Political Chic called chinese warn of new sanction that is going to take place. Is that acceptable?

It tells me there are 2000 left wing hacks out there. Not much of a revelation, Dummy.

 

[easyt65]

The Supreme Court just unanimously overturned a similar case from the 9th circuit where the Judge tried this.

Informative.

Even Judge Napolitano from Fox News disagree with you and Barr’s decisions.
.

The Supreme Court, or Judge Nap..........................who carries more weight?

Hmmmmmmm..........

What Supreme Court? There are about 2,000 signatures asking Barr to resign supported by Napolitano. What that tells you? If we have those signatures just imagine how many judges or law makers and DECENT Americans that disagree with you and your cult members.

Let me give you (and the rest ) an example. You are the POTUS, you hired Political Chic as your NSA a Chinese lover, Political Chic called chinese warn of new sanction that is going to take place. Is that acceptable?

As proven Sullivan is violating established law / precedence set in DC.

200 Trump-hating libtard lawyers signing a piece of paper while supporting Sullivan's criminal act tells me there are 200 Barry 'Mini-me's - self-professed legal / Constitutional scholars who don't know / give a damn about the actual law.

 

[MACAULAY]

Here is a good report on the railroad job done on General Flynn. Liberals take a single report from a lying turd like Brian Williams or Don Lemon...and it immediately becomes immutable fact, anything contrary has been "debunked". The Truth is simply not relevant---only Talking Points supplied by Liars which furthers the Obama/Clinton Agenda will do.

Larry C. Johnson: Understanding the Mueller Lies About Michael Flynn | The Gateway Pundit | by Jim Hoft

Guest post by Larry C.

www.thegatewaypundit.com

This shows Flynn went through proper notification protocols before even talking to the Russian Ambassador.

It shows the agent who interviewed him did not think he was lying-----"Strzok and Pientka both had the impression at the time that Flynn was not lying or did not think he was lying.”

The lie that purportedly got him on included the comment "I don't remember." If that was a crime most of Obama's people would be in jail...and Hillary Clinton certainly would be.

 

[meaner gene]

Hey Stupid, to be a "traitor" one must commit "treason". You obviously are too fucking stupid to know the definition of either word because you have misused it several times.

You are an idiot.

Check your shoes, you just stepped in your own bullshit.

Definition of traitor.
1 : one who betrays another's trust or is false to an obligation or duty.
2 : one who commits treason.

2 : one who commits treason.

Thanks for doing the legwork. That is exactly what I said it was.

 

[Juicin]

"D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- essentially allowing the court to use an "ask the audience" lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan's minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that "individuals and organizations" will file briefs "for the benefit of the court."

The move attracted immediate criticism -- and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case. ("Options exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option," Sullivan wrote in the past.)

"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter. "This is a violation of the judicial oath and applicable ethical rules."

It appears Sullivan, who viciously rebuked Flynn in court based on the lies presented in court now doesn't want to simply drop the case and walk away with egg on his face.

The easiest thing to do to make this all go away quietly would have been to allow the case to be dropped....but it appears Sullivan wants the circus to continue...

Flynn judge to allow 'amicus' submissions, delaying immediate resolution and drawing planned ethics complaint

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who...

www.foxnews.com

.

Having looked into this, this isn't political

This is just a pissed off judge

He went out of his way to make sure Flynn was actually lying, going above and beyond what he needed to do when he accepted Flynn's plea

Now Flynn wants out and he's pissed.

This is typical judge behavior even if there was no politics involved at all here. Flynn and his lawyers have pissed this judge off

 

[meaner gene]

This shows Flynn went through proper notification protocols before even talking to the Russian Ambassador.

It shows the agent who interviewed him did not think he was lying-----"Strzok and Pientka both had the impression at the time that Flynn was not lying or did not think he was lying.”

The lie that purportedly got him on included the comment "I don't remember." If that was a crime most of Obama's people would be in jail...and Hillary Clinton certainly would be.

Proper protocol for "talk to". There is no proper protocol for negotiating with a foreign power, except with the approval of the commander in chief.

 

[meaner gene]

Having looked into this, this isn't political

This is just a pissed off judge

He went out of his way to make sure Flynn was actually lying, going above and beyond what he needed to do when he accepted Flynn's plea

Now Flynn wants out and he's pissed.

This is typical judge behavior even if there was no politics involved at all here. Flynn and his lawyers have pissed this judge off

Lie to a federal judge once, "shame on you"

Lie to a federal judge TWICE, and you're facing perjury.

 

[easyt65]

"D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- essentially allowing the court to use an "ask the audience" lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan's minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that "individuals and organizations" will file briefs "for the benefit of the court."

The move attracted immediate criticism -- and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case. ("Options exist for a private citizen to express his views about matters of public interest, but the Court's docket is not an available option," Sullivan wrote in the past.)

"Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn," independent journalist Michael Cernovich wrote on Twitter. "This is a violation of the judicial oath and applicable ethical rules."

It appears Sullivan, who viciously rebuked Flynn in court based on the lies presented in court now doesn't want to simply drop the case and walk away with egg on his face.

The easiest thing to do to make this all go away quietly would have been to allow the case to be dropped....but it appears Sullivan wants the circus to continue...

Flynn judge to allow 'amicus' submissions, delaying immediate resolution and drawing planned ethics complaint

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he'll soon accept "amicus curiae," or "friend of the court" submissions, in the case of former national security adviser Michael Flynn -- drawing immediate scrutiny and a planned ethics complaint against Sullivan, who...

www.foxnews.com

.

Having looked into this, this isn't political

This is just a pissed off judge

He went out of his way to make sure Flynn was actually lying, going above and beyond what he needed to do when he accepted Flynn's plea

Now Flynn wants out and he's pissed.

This is typical judge behavior even if there was no politics involved at all here. Flynn and his lawyers have pissed this judge off

One would think the judge would be more pissed about the newly released evidence proving investigative and prosecutorial misconduct, withholding exculpatory evidence from the judge and defense team, destroying / losing THE biggest key piece of evidence (the original 302), the statements made by FBI agents who were about to close the case against Flynn due to a lack of criminal evidence and statements made by FBI Agents who were involved with Interrogating Flynn, agents who started thy did not believe Flynn lied, etc...

As a Judge who truly cared about the law, the Constitution, and people's rights, I would be more pissed the Obama administration / FBI plotted, conspired, targeted, and perpetrated unethical and illegal acts to take down Flynn...

....but that's just ME - a NON-TDS-suffering, NON-Trump-hating douche bag snowflake or Deep state traitor....

 

[Faun]

This analysis shows that what Judge Sullivan does will ultimately fail for several reasons:

American Thinker

Judge Sullivan should be careful what he asks for

By James V. DeLong

May 15, 2020

Excerpt:

The latest development in the persecution of Michael Flynn was Judge Sullivan's unusual order reacting to the DOJ motion to dismiss. As the DOJ establishes, a decision to drop a prosecution is a prerogative of the Executive Branch, so a judge's role is limited. He should establish that the dismissal is requested not to harass the defendant and then sign off.

Instead, Sullivan opened the door to amicus briefs in opposition to dismissal and then appointed an outside party to argue the point and to argue, as well, that Flynn should be held in contempt of court for perjury because he said he was guilty when he was actually innocent. (Or perhaps Sullivan intends to charge him for claiming innocence — it is a bit murky.)

It is unlikely that this effort to extend things will go on too long. The DOJ and Flynn can request a writ of mandamus from an appellate court holding Sullivan to his duty, and there is square precedent that mandamus is proper in a matter such as this one.

But suppose the case does go on, with extensive briefs and a consideration of a perjury charge against Flynn. It is unlikely to develop as Sullivan seems to think it will.

The DOJ motion to dismiss was carefully crafted.

LINK

=============

What Judge Sullivan did was stupid as hell, as he will get smashed over it.

There's no reason for Judge Sullivan to let Flynn off the hook. Flynn is a convicted felon who admitted he broke the law by lying to federal investigators.

Another useless comment you make, who ignored a lot of recently released documents that Flynn was illegally prosecuted. I have yet see you make a cogent argument beyond "he lied" bullshit, which is unsurprising since he was pushed hard into it.

I posted the documents several times showing they CONSPIRED against him, talking about how to make him lie on something. You ignored it because you are a partisan hack.

Nope, I saw the documents. They do nothing to show Flynn didn't lie. He did. He even admitted he lied. Because of that, he's now a convicted felon who's still facing sentencing.