Federal appeals court orders judge to dismiss case against former national security adviser Flynn

No doubt the left believes so, anything to justify their nonsensical anger.

Just look at how police are being treated in a world where the overwhelming majority of the problems of the black community are caused by the black community. Yet, its police who take the brunt of the anger.

 

To be clear to the left lemmings: I have no doubt that Sidney Powell could have, if she needed to to mount a defense of her client. That's why she originally wanted the guilty plea retracted in the first place. Before the DOJ had a motion to dismiss, the original goal of the defense was to get it retracted, and based on the evidence she argued it should be dismissed.

All the DOJ is doing, is agreeing with the defense. But let's say that it didn't agree with the defense, continued to file the case but the guilty plea was retracted. All of the evidence that's been discovered would be used by the defense, examined by a jury and the jury would have to believe that the lie was material to the investigation beyond a reasonable doubt.

That is the biggest reason the DOJ dropped the case, proving materiality in this case is too high a bar.(Because, well, among other things there are no Ruskies nor are there any Flynn ties to Ruskies, nor would confirming or not confirming the conversation be relevant to said investigation.)

When a trial goes from being a trier of fact, to just wanting to throw a human in prison because...we go away from what makes America, America. Justice won on this day, but let's not forget the perversion of justice and that many people can be swayed to a kangaroo court if it goes against THEIR political opponents.

 

Rambo was a patriot, so thanks for that.

If I was Johnny Rambo, Flynn wouldn't be walking (free) anytime soon.

 

Trump is making even the justice system partisan and corrupt. This is one example of why he should have been removed by the Senate. Good thing we finally have a sure-fire way to get his swampy ass out of the White House, begin to undo the damage he is wreaking and lock the old crook up for his long list of crimes. I predict that 2021 is going to be a great year.

 

You're no Johnny Rambo, so...

Watch 'em walk.

Wave bye bye.

 

Right so Trump put on all those court of appeals judges. You guys crack me up you love you some wacko judges that make lefty law from the bench but cry foul when the same court doesn't go your way. Gotta be Trump got to the appeals court judges just has to be because we believed the Russian hoax.

 

You'll note that it was a 2-1 ruling. Meaning, that another judge ruled along with Rao.(And I bet the one who didn't vote, was the one who gave the 'racist' hypothetical example, and showed that he didn't belong on that circuit to begin with with such faulty reasoning that had nothing to do with the case in question.)

The Law in Fokker is clear, and demanding. When the department seeks to drop its case without prejudice, it is not in the Court's power to question that decision. The SCOTUS had ruled 9-0 on a similar manner, and that majority opinion was authored by Ginsberg.

The Law is the Law. Regardless of whoever is AG and regardless of the case and defendant.

 

The FBI should have to read you your Miranda rights before they get started, just like the local police.

 

And they didn't even mention the 1001 statement. Honestly, Flynn had got himself in that situation by not saying what he should've said in the first place: Need not to know. The FBI is not part of the executive branch, as NSA, his conversations were classified and thus no agent could access those classified conversations.

In the "resistance", they commonly defiled classifications while at the same time using classifications to hide their misdeeds. Slowly but surely with each and every de-classification the truth is coming out. Especially thanks to both Grenell and now Ratcliffe.

It's nice to have public servants who actually serve their country for a change.

 

Just factually incorrect...

https://www.law.cornell.edu/rules/frcrmp/rule_48

I know we've discussed this before....

 

They cited rule 48 in the majority opinion. It exists only to protect the defendant from prosecutorial abuse. It does not exist to create the judge as a separate court function. Fokker is the demanding law here. Judge Sullivan does not get to create and rule on pretend cases, he has to rule on the things on his desk. Namely now, the dismissal before him.

 

Thank goodness the Rule of Law still exist.....I am glad we are wrapping up the ugly abuse of power and rule of law from the Obama DOJ

 

SNIP
In fact, the "principal object" of Rule 48(a)'s "leave of court" requirement was not to protect the interests of individual defendants, but rather to guard against dubious dismissals of criminal cases that would benefit powerful and well-connected defendants. In other words, it was drafted and enacted precisely to deal with the situation that has arisen in United States v. Flynn: its purpose was to empower the Judiciary to limit dismissal in cases where the district court suspects that some impropriety prompted the Executive's decision to abandon a case.
ENDSNIP

https://reason.com/2020/05/17/why-do-rule-48a-dismissals-require-leave-of-court/

 

That is their opinion, an opinion that was now defeated by the district circuit. Because it's an opinion that is not based in fact. Rule48 doesn't say anything about "dubious dismissals of criminal cases", because if it did it would have said that.

We must interpret law as it is, not as how we wish it to be.

 

Just curious who do you think is gonna appeal it?

 

Cool....and now the Court dismissed the case.....Sullivan should have listened instead of punting to an illegal "friend of court" appointment

 

Right... a case can only be dismissed with leave of court.

Sullivan had every right to refuse his, since he was on the case since day 1 and knows what's being attempted here.

This appeals court provided theirs, so at least the law is now met.

But I suspect it's not the end of the story

 

No...it's horrible....we should never forget what the Obama DOJ did....

 

That's essentially all this is. Even though the law is clear and authoritative and direct, they don't want to do so. Well, that's just too bad. The way our system of government works, laws are followed. Laws are interpreted. We don't create alternative definition of laws to suit our needs and interests. That job belongs exclusively to the legislative branch of government.

 

Sullivan could have....he didn't....he made an illegal "friend of court" appointment....Flynn had every right to appeal...and he did...and it was dismissed by the Court

 

Frankly the left is really upset by this, because ultimately the corruption with in Obama's Oval office was exposed....Obamagate was exposed and he'll always be remembered for it

 

He doesn't "know what's being attempted here". In fact, the point of Wilkinson's oral argument(such that it was massively weak, even by the standards of the case they were trying to make) is that they wanted to "ask questions". But on what basis? There exists no basis to question the DOJ decision to decline to prosecute.

We know the hidden 'elephant' in the room, but the fact that they can't speak it out loud is because no such evidence exists of misconduct of the Attorney General.

Speculation is not the basis of a ruling, it cannot be if it calls itself a Court of Law. So if they want to assert this, they should say it out loud and then they should prove it conclusively. They...didn't really want to go there.

 

Russia collusion 4.0 is on the way!

 

4.0?

I thought we were up to ver. 6 by now. It's so hard to keep track.

 

Funny, I'm watching a congressional hearing right now that is exploring that basis... although it's probably going to be more on the Stone OOJ vs the Flynn OOJ, but today's news could change that...