The Flynn Entrapment

vanzandt said:
Maybe he plead guilty to protect his son. How many people are wrongfully incarcerated because they were forced to cop to a plea deal because their attorneys told them they had no chance regardless of their innocence? A lot.
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Flynn owed his attorneys 6.4 million in legal fees. And this is before Sidney Powell even came along to work pro bono. Everyone on the planet knows that lawyers and the legal system can bring you to the point where people will settle even if they do not believe that they are guilty.
Sometimes they just have to do the best they can but the government is not allowed to lie to them or mislead them or deprive them of counsel which is what happened in Flynn's case.

First, the government clearly had formed an opinion a position that Flynn was a target of an investigation and a criminal proceedings. Yet, they told him he did not need a lawyer in the critical interview because they just wanted his input and background testimony on some circumstances. That's a big no-no in the American legal system- when the government talks you out of needing a lawyer when they know you absolutely do and need to be advised of your rights.

Second, and very, very critical, the government clearly informed Flynn that the investigators, Strzok and company had concluded that he was lying through his arse at the interview. Leading Flynn to believe that the government had their 302's and testimony to make the case against Flynn on obstruction. So Flynn assessed his chances and decided to plead. The problem is that subsequent unveiling of Srzok's notes said the exact opposite: that they believed that Flynn was trying to be truthful, and the original 302's never existed or have been conveniently lost or whatever. In other words, the government defrauded him into pleading by lying to him. Flynn never would have pleaded if he knew that the investigators testimony or discovered documents would have exonerated him.

Since then, there has been and continues to be a tsunami of documents and texts coming out that confirm that the government dealt with Flynn, Carter Page, Popadopolis, etc, etc, in total, total, total bad faith. Actually all that comes out and wlll come out under Durham will help Flynn bigtime because Flynn needs to be able to sue for malicious prosecution - which you cannot successfully do if the government was acting in good faith but was just not able to get a conviction- ie. normal prosecutorial immunity. But the government was not acting in good faith. It was acting to entrap him for political purposes, including the involvement of Obama and company.

MORE TO COME.
 
TreeFrogTrader said:
Not really.

It was Flynn's attorney who petitioned for the writ of mandamus. Since the appeals court decided to hear the request, the DOJ was required to respond as an involved party.

Otherwise, Bill Barr expected Sullivan to just make a decision and then they would appeal it up to Appeals Court. And if the full appeals court becomes involved and decides to remand it to Sullivan to let him make an decision first which can then be appealed, Bill is more than fine with that, and moi aussi as I explained yesterday.

We can give Judge Asshole as many trips to the woodshed as he wants. The outcome will be the same. We can recycle it back for a full appeals court hearing, then back to Judge Asshole if they want to do that and then appeal it up to the Supreme Court. I am fine with all of it.

You also said: Sullivan in effect said, "not so fast DOJ. Let's hear from the other side before making a decision." Which is complete bullshit. There are only two sides in the case, the prosecution and the defense and both have asked the court to dismiss the case. Judge Asshole has decided that he wants to bring in a third side to help him make his case. Except he should not be promoting any side.
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Yes, it was, I believe, Flynn, that filed the petition, a rare pre-emptive mandamus petition, which in itself is a bit bizarre. I judge it to be on the bad advice of his lawyer.

The case is interesting in several respects. One of which is the nature of Mandamus which is, generally, an order to do ones duty. Here, in effect, the Appeals court is issuing a writ requiring that Sullivan not do his duty, but rather instead close the clouded case without a hearing. Very bizarre indeed!

see this: https://www.justsecurity.org/71030/...-c-circuit-mandamus-ruling-in-the-flynn-case/

This morning—in a stunning decision that broke from usual standards of judicial process and self-restraint—D.C. Circuit Judges Neomi Rao and Karen LeCraft Henderson granted Michael Flynn’s preemptive mandamus petition to shut down Judge Emmet Sullivan’s consideration of the government’s motion to dismiss the criminal charge against Flynn. The court ordered Judge Sullivan “to grant the government’s Rule 48(a) motion to dismiss” the charge before the judge even considers the merits of that motion, apparently in order to prevent him from convening a hearing on it. Judge Robert Wilkins dissented.


The oral argument gave little hint that this was coming. Indeed, Judge Henderson repeatedly noted both that Judge Sullivan hadn’t even had the chance to rule yet, and that Flynn could remedy any injury by appealing if and when Sullivan denied the government’s motion and entered a judgment of conviction—both of which made mandamus a singularly inappropriate remedy here.


As I’ll explain below, the panel’s decision is plainly wrong and the en banc court of appeals will almost certainly reverse it if the case reaches that stage. But it now stands as the law of the D.C. Circuit, and everyone who cares about the state of the federal courts should take notice.

(underlining mine)
 
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One inclined to speculate might guess that Flynn's rare move, on the advice of his lawyer no doubt, was prompted by Flynn realizing that Barr's explanation for why the case should be dismissed might not hold water in the event of a legitimate inquiry by Sullivan. Flynn was asking the Appeals Court to discard standard Federal Court Procedure, and one would think that his petition had little chance of success; yet he succeeded! Now what will happen is any one's guess, but my guess is it's not over yet.
 
piezoe said:
Yes, it was, I believe, Flynn, that filed the petition, a rare pre-emptive mandamus petition, which in itself is a bit bizarre. I judge it to be on the bad advice of his lawyer.

The case is interesting in several respects. One of which is the nature of Mandamus which is, generally, an order to do ones duty. Here, in effect, the Appeals court is issuing a writ requiring that Sullivan not do his duty, but rather instead close the case without a hearing. Very bizarre indeed!

see this: https://www.justsecurity.org/71030/...-c-circuit-mandamus-ruling-in-the-flynn-case/

This morning—in a stunning decision that broke from usual standards of judicial process and self-restraint—D.C. Circuit Judges Neomi Rao and Karen LeCraft Henderson granted Michael Flynn’s preemptive mandamus petition to shut down Judge Emmet Sullivan’s consideration of the government’s motion to dismiss the criminal charge against Flynn. The court ordered Judge Sullivan “to grant the government’s Rule 48(a) motion to dismiss” the charge before the judge even considers the merits of that motion, apparently in order to prevent him from convening a hearing on it. Judge Robert Wilkins dissented.


The oral argument gave little hint that this was coming. Indeed, Judge Henderson repeatedly noted both that Judge Sullivan hadn’t even had the chance to rule yet, and that Flynn could remedy any injury by appealing if and when Sullivan denied the government’s motion and entered a judgment of conviction—both of which made mandamus a singularly inappropriate remedy here.


As I’ll explain below, the panel’s decision is plainly wrong and the en banc court of appeals will almost certainly reverse it if the case reaches that stage. But it now stands as the law of the D.C. Circuit, and everyone who cares about the state of the federal courts should take notice.

(underlining mine)
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It has been discussed at length that the normal procedure is for the trial judge to complete his decisionmaking and then go on normal appeal from there if a party disagrees with the outcome, and I have said at least four times that both Barr and I are okay with that. The defense made a move for a writ of mandamus and the appeals court panel bought into it. That's Judge Asshole's problem - not mine. If he wants to do some more work and get the full court to hear it- which he does not control- go for it Asshole.

You and your lefty media can post articles that make the case that for the Appeals Court to issue a writ of mandamus is an extraordinary measure that should only apply to extraordinary circumstances. Other the case should arrive at the appeals court on normal appleal. In fairness to the three judge panel, though, they found that extraordinary cirumstances did exist: ie, the judge was not just using his time and his court to just finish off his review of Flynn case and reach his conclusions. HE HAD HIRED A GODDAM RETIRED JUDGE UNDER THE GUISE OF BEING AMICUS PARTY TO DETERMINE WHETHER THERE WERE ANY OTHER CHARGES THAT COULD BE BROUGHT AGAINST FLYNN. That is a total, total, total abuse of judicial power. If the Appeals Court agrees with me on that and decided that it was so egregious that they were going to shut the clown show down immediately, well hey, that's Judge Asshole's problem.

Judge Asshole has dug himself a sizeable hole. If he wants to keep digging, that works for me. He has already trashed his reputation in DC so I am up for more of it.

41iob7.jpg
 
TreeFrogTrader said:
It has been discussed at length that the normal procedure is for the trial judge to complete his decisionmaking and then go on normal appeal from there if a party disagrees with the outcome, and I have said at least four times that both Barr and I are okay with that. The defense made a move for a writ of mandamus and the appeals court panel bought into it. That's Judge Asshole's problem - not mine. If he wants to do some more work and get the full court to hear it- which he does not control- go for it Asshole.

You and your lefty media can post articles that make the case that for the Appeals Court to issue a writ of mandamus is an extraordinary measure that should only apply to extraordinary circumstances. Other the case should arrive at the appeals court on normal appleal. In fairness to the three judge panel, though, they found that extraordinary cirumstances did exist: ie, the judge was not just using his time and his court to just finish off his review of Flynn case and reach his conclusions. HE HAD HIRED A GODDAM RETIRED JUDGE UNDER THE GUISE OF BEING AMICUS PARTY TO DETERMINE WHETHER THERE WERE ANY OTHER CHARGES THAT COULD BE BROUGHT AGAINST FLYNN. That is a total, total, total abuse of judicial power. If the Appeals Court agrees with me on that and decided that it was so egregious that they were going to shut the clown show down immediately, well hey, that's Judge Asshole's problem.

Judge Asshole has dug himself a sizeable hole. If he wants to keep digging, that works for me. He has already trashed his reputation in DC so I am up for more of it.

41iob7.jpg
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You appear to have lost your objectivity.
 
TreeFrogTrader said:
It has been discussed at length that the normal procedure is for the trial judge to complete his decisionmaking and then go on normal appeal from there if a party disagrees with the outcome, and I have said at least four times that both Barr and I are okay with that.
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Which raises the question, why are you so upset with Sullivan who would have, no doubt, proceeded to rule on the motion before him, after a hearing which allowed all parties to weigh in on the merits of the motion?
 
TreeFrogTrader said:
Yeh sure, unfortunately for you, I have the Appeals Court decision supporting my opinion.
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You have 2 of the 11 judges supporting your opinion now moron,both republican appointees.If it goes to the full court 11 judges will decide,and 7 of them are democrat appointees
 
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