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CU Medallion [56109]
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Lot o points [155986]
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Question for our legal eagles in here.
Jul 30, 2020, 1:28 PM
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I’m pretty done with the whole ordeal, so hopefully putting aside Flynn’s guilt, innocence, or appropriateness of whether the case should have been dropped.....
Is it unusual for a judge to overturn a prosecutor’s decision not to prosecute? Clearly based on the fact that it’s happening, it’s technically possible, but is it common? I just thought that if the prosecution decided to drop a case, that was generally that? This seems like the judge taking on the DA/AG’a normal job role?
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CU Medallion [50635]
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if you can slow walk it and biden is elected it will move
Jul 30, 2020, 1:37 PM
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forward under the new doj
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CU Medallion [56109]
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The prosecutor actually withdrew from the case when it
Jul 30, 2020, 1:40 PM
[ in reply to Question for our legal eagles in here. ] |
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became clear that Barr was going to drop the charges.
I'm not a legal eagle and don't know how common the court's behavior is, but there seems to be quite a bit that's atypical about this case.
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Hall of Famer [22395]
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Flynn had plead guilty to multiple counts, which he
Jul 30, 2020, 2:26 PM
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re-affirmed in court several times. His guilt was established and conceded and that phase of the case was over. The judge was set to sentence him after receiving the sentencing recommendations, from the Justice Department Prosecutors who quit, that Roger Stone be sentenced to 9 years in prison.
The trial was over, the sentencing recommendations were in and it was in the hands of the Judge to decide his sentence. The role of the Justice Department was/is over in this case. The Judge should sentence him and he can file an appeal.
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All-In [49063]
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If a judge has already accepted a guilty plea
Jul 30, 2020, 1:40 PM
[ in reply to Question for our legal eagles in here. ] |
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from a defendant, which I believe was the case in this case, the judge would be able to hold a hearing to look into why the charges were dropped. I would think even moreso when there was a change in the decision maker that prompted the charges being dropped. It's not very common, but I don't think it's unheard of.
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Lot o points [155986]
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Got it....thank you.***
Jul 30, 2020, 2:31 PM
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Rock Defender [54]
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All-In [49063]
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How many times you seen someone plead guilty to a charge
Jul 30, 2020, 3:42 PM
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multiple times and get a sentencing recommendation for 9 years only to have the charges dropped right before the sentencing hearing? It would be the equivalent of settling a minor's case, getting the checks in, setting up a minor settlement hearing with a judge and then calling the day of the hearing to say we sent the money back and are dropping the case.
Pretty sure the judge would have me show up to explain that.
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Rock Defender [54]
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Questioning it and having a hearing is one thing
Jul 30, 2020, 3:46 PM
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All-In [49063]
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Wasn't the appeal to the appellate panel
Jul 30, 2020, 3:48 PM
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done by DOJ to prevent the hearing?
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Rock Defender [54]
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Re: Wasn't the appeal to the appellate panel
Jul 30, 2020, 3:58 PM
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All-In [49063]
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There is a joke about federal judges...
Jul 30, 2020, 4:02 PM
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and state troopers. Same joke, different setup depending on who you are making fun of.
Short version:
A lawyer shows up in heaven and is shown to his eternal home when he passes by a courthouse and a judge with a black robe presiding over a courtroom. He looks at St. Peter and says, that's weird, I didn't expect to see too many federal judges up here. St. Peter looks into the courtroom and says, "No, that's not a federal judge, it's God, he just thinks he's a federal judge."
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Rock Defender [54]
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Re: There is a joke about federal judges...
Jul 30, 2020, 4:10 PM
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Hall of Famer [22395]
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Rule 48(a) of Federal Rules of Criminal Procedure was
Jul 30, 2020, 4:17 PM
[ in reply to Questioning it and having a hearing is one thing ] |
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amended in its drafting by The Supreme Court to specifically address this type of chicanery. The Rules of Federal Criminal Procedure were developed between 1941 and 1944.
Rule 42 gives him the legal authority to appoint someone other than the the government to prosecute the case when justice requires the appointment of another attorney.
Here is the amicus brief filed by Judge Gleason in the case explaining it all.
https://www.courthousenews.com/wp-content/uploads/2020/06/Gleeson-amicus.pdf
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Rock Defender [54]
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But then there's this
Jul 30, 2020, 4:33 PM
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Hall of Famer [22395]
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"And the Court can best do that by denying the government's
Jul 30, 2020, 4:54 PM
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Rule 48(a) motion to dismiss, adjudicating any pending motions, proceeding to sentencing, and factoring the defendant’s contemptuous conduct into the appropriate punishment.
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Rock Defender [54]
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Re:
Jul 30, 2020, 5:03 PM
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Hall of Famer [22395]
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He laid it pretty well with lots of case history. When you
Jul 30, 2020, 5:14 PM
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read about the development of Rule 48(a) and the revisions by The Supreme Court to clarify the intent, and the case history leading up to it(i.e. Woody) you will see that this is exactly the kind of behavior the SC and Congress intended to The Rule to prevent.
Barr might want to get him a lawyer too.
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Rock Defender [54]
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RBG and SCOTUS say 9-0 you’re wrong
Jul 30, 2020, 5:23 PM
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Hall of Famer [22395]
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No they don't. That's a Mark Chenowith opinion piece.
Jul 30, 2020, 6:10 PM
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SCOTUS used the law to prevent justice from being overturned by those in power in the case he sights. In this case, the defendant has plead guilty to multiple crimes, re-affirmed it repeatedly in court and was set to be sentenced before those in power tried a bit of political foolishness in an attempt to overturn the fair administration of justice as a favor to a friend of the president. Though there may be similarities, they are not the same for obvious reasons. The SCOTUS would not see this case in the same light.
I do agree that this sort of political foolishness will be dealt with by the courts.
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Rock Defender [54]
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You guys are such hypocrites it’s hilarious
Jul 30, 2020, 6:20 PM
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Hall of Famer [22395]
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"...with leave of court.." The rule was amended by the SC
Jul 30, 2020, 8:49 PM
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to specifically provide the court with a recourse to address situations like this - the political corruption of the justice process.
The hypocrite is the one who defends Michael Flynn's guilt and Bill Barr's obstruction of justice.
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Rock Defender [54]
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The entire investigation is being shown on a
Jul 30, 2020, 9:02 PM
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Hall of Famer [22395]
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You seem a bit uninformed about the whole thing.
Jul 30, 2020, 9:43 PM
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But, you do know the Republican talking points verbatim.
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All-In [34114]
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LMAO***
Jul 30, 2020, 1:30 PM
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110%er [9045]
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Re: Wait, what's this? It's the full panel with a folding chair!
Jul 30, 2020, 1:38 PM
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who will the prosecutor be?
name the charges that will be defended
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All-In [34114]
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Re: Wait, what's this? It's the full panel with a folding chair!
Jul 30, 2020, 1:40 PM
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Biden's DOJ will make those determinations.
LOCK HIM UP! LOCK HIM UP!
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All-In [47773]
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With arguements a week from Tue I doubt Joe will have any
Jul 30, 2020, 1:41 PM
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authority to do so.
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All-In [34114]
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Re: With arguements a week from Tue I doubt Joe will have any
Jul 30, 2020, 1:42 PM
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Yeah probably, but hey, any opportunity to do the Flynn chant.
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All-In [47773]
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Who will do the prosecution since it's the DOJ's to do and
Jul 30, 2020, 1:40 PM
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they said they weren't?
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CU Medallion [56109]
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All-In [47773]
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Correct. But since when do judges prosecute?***
Jul 30, 2020, 4:59 PM
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Legend [18026]
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QAnon, who Flynn pledged his allegiance too, won't like this***
Jul 30, 2020, 3:26 PM
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