The basic premise of the DOJ seems to
be that after a case has been filed, the prosecution still has control over basic aspects of its progress. They really don”t care for separation of powers unless they get to do the separating - and assumption - of power on their own terms. Pretty remarkable for a justice department supposedly there to represent the people not El Presidente.
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The DOJ arguments here are truly out of line…the idea that the DOJ can do whatever it wants, and not be investigated for its actions, is the opposite of how our system is supposed to work. They are really afraid to have any investigation into how the Flynn reversal was made…it’s really obvious that there was some kind of political influence on the decision, there’s no other reason to give up a guilty plea the way they did, now without clear evidence of prosecutorial misconduct or new evidence (neither of which is true here).
The smart move for them would have been to allow the sentencing to go forward and then for Trump to give a pardon…it’s what he did with Stone and everyone has already forgotten about that. Now, they have shown their hand, that they think DOJ is the law, not the defender of the law, and can do whatever it wants…Barr’s leadership and Republican policy have created an organization that no longer follows the law. We really need a new AG who will sweep through the DOJ and reset its attitude towards justice.
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But the Department is also arguing that any effort by Sulivan to probe the DOJ’s remarkable reversal in the case amounts to an unconstitutional infringement of the executive branch’s prosecutorial power.
If the DoJ has unquestioned prosecutorial power then why did seven GOP governed states sue to set aside DACA as an inappropriate use of executive power, and why did four Supreme Court Justices agree with them?
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“make a mockery of justice.”
In reality, Barr is making a mockery of “justice” and the DOJ…
And if the case is dismissed as Neomi Rao adjudicated previously,
Then the court is part of mocking justice!
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He looks like he’s about to catch and consume a house cat using his extendable tongue.
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The judge’s hypothetical reminded me of a case back in the '90s where a prosecutor argued that a man who had been sentenced to death, and who had lost all of his appeals, must be executed because ironclad evidence of his innocence had come to light “too late.”
He essentially argued the man must be murdered by the state because “rules are rules.”
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“The DOJ held firm to that line even in the face of hypotheticals posed by judges in which courts would have clear evidence that prosecutors had been bribed into dropping criminal cases.”
Er, I think that’s a tell?
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Multiple judges on the U.S. Court of Appeals for the D.C. Circuit suggested Tuesday that the “integrity” of the judicial branch was at stake.
It’s not even a question to ask. If multiple judges have to have a conversation about there own integrity on the court. We are screwed as a country.
jee wiz judges, do your damn job, you have the constitution and the law on your side.
It’s not up for debate. He is guilty by his own admission and he was sane and straight when he pled. GUILTY
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The Supreme Court stated in Burdick v. United States that acceptance of a pardon carries an "imputation of guilt " and is a confession to such guilt
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Wall maintained that questioning a Justice Department’s decision to drop charges in open court would deal “irreparable harm to the executive branch,” regardless of the circumstances. He added that, in the DOJ’s view, there is “no mechanism” in the federal rules of criminal procedure for a judge to question a motion to dismiss from prosecutors, regardless of the circumstances
Except that, you know, the case is over. A verdict was rendered. The Prosecution’s role is over, except in an advisory capacity. Suck it, Pinkboy.
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You didn’t hear the part where the DOJ lawyer said, “Your honors, bribery in this case is hardly a hypothetical. That’s our whole point, dude. If Sullivan can question us, he will find out that this was a bribe. Now be reasonable, your honors. You can see that we can’t let that happen.”
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He screwed himself. We need some good, old-fashioned “crime doesn’t pay” results here
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This is all simply a delaying tactic. Given the IANAL, the prosecution’s job was OVER the moment Flynn pleaded guilty (twice!) They have no business withdrawing a charge after a finding of guilt; the only person who has a say at that point is the judge and any subsequent appeals courts. This has Barr’s filthy paws all over it and when this is over, he needs to be investigated and prosecuted.
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It’s always the same defending corrupt politicians and their toadies: some other process is the remedy. The law has been broken, but refer the matter to political channels where there is literally no punishment for the behavior beyond having to look for a new job at a Think Tank or lobbying firm.
You don’t ruin someone’s life over politics. That’s for stealing hedge clippers.
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I was there for the entire four hours,
Not sure what you are talking about either. Is there any court of appeals in this country that has four hour arguments?
Because it isn’t at all representative of your OWN REPORTERS’ comments during the proceeding.
Is there any court of appeals in this country that allows reporters to speak “during the proceeding”?
Good observation. I’m a lawyer (three+ decades), but admit I too missed the “shibboleth” issue.
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Yeah, right.
I think Douthat got it right when he wrote:
while these political mercenaries were well aware that they were exploiting and stoking the religious conservatism and racial bigotry of a segment of Americans for the political benefit of rich people.
Thank you for this. And thanks to Douthat for calling a spade a spade.
ETA: I’m disappointed I can’t read Douthat’s bit because I don’t subscribe to the NYTimes. It’s, imho, unfortunate so many won’t be reading the piece for the same reason. Hopefully others will take up the cry.
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This could go on forever.
If Flynn loses, he will file for certiorari at the Supreme Court and ask for a stay. Because he is a PPP (Protected Political Person) – not an ordinary decent criminal – he will likely get the stay.
When and if this does go back down, the moment Sullivan demands more information from the DOJ there will be a new application for mandamus and we will make this round trip again.
Flynn’s pending sentencing could end up being an issue in the 2022 midterms. Maybe he’ll run for office.
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Hypothetically, they’re hypotheticals. 
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