The battle lines are beginning to take shape in the extraordinary fight over what should come next in Michael Flynn’s case.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1310530
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1310530
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Because Trumpy bear said “Do it, Barr! Or else.”
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Henderson and roa, the two republicans on the panel are both hacks. The entire court will over rule them if they do something strange.
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All because Trump thought simply pardoning him would be too messy.
Whoops – I said “Trump thought” …
Never mind.
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Questiion: If the underlining case is dismissed clearing Flynn wouldn’t Sullivan be able to sentence him for perjury (lying under oath to Sullivan)?
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Trump will pardon him—and other right-wing criminals—during the lame duck presidency after he loses to Biden.
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Ok so the panel hearing the case consists of two Republican hacks and a Democrat. Anyone in doubt of how they will rule?
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Marcy Wheeler at Emptywheel has shown that Barr’s claim to have found “new” evidence supporting his withdrawal of the prosecution is almost certainly false. She is really doing top-drawer coverage of this business.
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A prosecutor argues for the guilt of a defendant. This has been established twice. It is now the judge’s duty to pass sentence. The rest is distraction and bullshit.
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Trump always makes a mess of things and in this case Barr gave him an assist.
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Henderson is no hack. She’s a well respected George HW Bush appointee.
Neomi Rao is a hack.
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The Trump administration has so far successfully prevented Congress from investigating their criminality. We’ll soon see if they are able to prevent the Courts from such an investigation.
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this is a crucial aspect of the Watergate prosecutors’ brief, i.e. that once a guilty plea is accepted by the court, the entire case is under the authority of the Judicial Branch – the Executive Branch can only ask recommend stuff. In other words, the discretionary power to prosecute a case is terminated once a guilty plea is accepted.
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I don’t know how these things usually work, but it seems like the filing from the Watergate lawyers with an actual argument and supporting cases would carry a bit more weight than the red state filing that says “Look at us! We’re filing … something! Use your imagination.”
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And we may look back on that as the least crooked thing he did in that time period.
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found new evidence that suggested Flynn shouldn’t have been prosecuted
Discoveries are ‘found’; this was an invention.
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The crime spree will head into spastic overdrive after the election.
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If he pardons Flynn, does that mean Flynn can’t take the 5th when questioned regarding his dealings with the Russian ambassador and how much Trump knew? Inquiring minds want to know.
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Any normal 3-judge panel would seize on the Watergate Prosecutors’ “mandamus is not appropriate” argument to (1) deny the petition and (2) let things play out in the district court. If the motion to dismiss is granted the Rule 48 problem disappears. If not, the appellate court can deal with it without all the peripheral issues.
If that doesn’t happen, the panel reveals its true motive – preventing any examination of the reasons behind this shadow-pardon.
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$10 that Rao and the other political hack rule that the red states can submit their brief but the Watergate Prosecutors cannot.
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