The Justice Department responded to a blistering critique of its conduct in the Michael Flynn case on Wednesday, calling its decision to drop charges against the former national security adviser an “unreviewable exercise of prosecutorial discretion.”
Unreviewable? Unreviewable?? GFY!!!
LOL, see you in the SCOTUS, Billy Boy.
The law is really clear here. The federal rules allow review by the Court for “good cause” and the reason why this rule exists - and the supreme court changed the prior rule - was because of examples of selective prosecution/political interference.
The history is clear.
So DOJ just going in and making wild claims is not only NOT going to help them with the Court, he is going to take it as further evidence that misconduct occurred. Put another way, if there was a reasonable explanation for what DOJ did, they would not be arguing it was not reviewable.
My guess is that the Court just sentences Flynn to jail, then issues an Order to show cause why DOJ should not be investigated by the Court for false statements.
P.s. Here is the law review article which lays out why DOJ is wrong:
https://www.stanfordlawreview.org/online/why-do-rule-48a-dismissals-require-leave-of-court/
…an “unreviewable exercise of prosecutorial discretion.”
So, along with the concept of the unitary executive who cannot be held accountable for anything, FUBarr also believes his authority also cannot be questioned.
This is what authoritarianism looks like!
Hugo Chavez looked cooler.
Everything is reviewable.
And I fail to see how prosecutorial discretion applies since Flynn already pled guilty. There was nothing left to prosecute.
Arguing that they are above review is always what those who are doing everything by the book says.
Rule 48 is not your friend, Bill.
You’re in the court’s jurisdiction and, as a supposed lawyer, should know that already.
“How dare you pay attention to what we are doing!”
What a deplorable basket of road apples
They made me lie by asking me questions I didn’t want to answer!
This prosecution is just the tip of Flynn’s legal problems.
This is looking like a job for SCOTUS, after the back and forth stuff ends. Meantime, Flynn’s attorneys keep making the big bucks (paid by whom?).
Don’t you mean horse shit?
Good. He’s a fucking traitor and he should be in deep trouble.
I was trying to use a fucking euphemism to avoid any offensive god damned language.
And the week gets trippier by the hour.
I was thinking this morning “I wonder what’s going on in the rest of the world?” since domestic affairs are so overwhelming. I was surprised to read that Indian and Chinese soldiers are killing each other with clubs and rocks in the Himalayas.
So what I take the DOJ is doing is saying we can change any plea, any verdict we damn well please at any time we want and you can’t do a damn thing about it. Seems that is ripe for cash to change hands and another method for Turnip and Company to line pockets.
Bill, if you want to hitch your horse to “prosecutorial discretion”, you need to request a timemachine.
You can bring up Strzok at appeal, not that it will help your boy Flynn any.