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Michael Flynn moves to withdraw guilty plea, citing 'bad faith' by government

eohrnberger said:
The guy on whom the FBI lied (altering interview 302's), the same guy the FBI agents stated he didn't lie to them, I hope the judge permits his withdraw of his guilty plea, as it was made under threat and duress. You know? Like fairness and justice?

Or are some willing to acquiesces to to government lying, and then take the plea the government dictates?
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Are you familiar with the term banana republic? What you described sounds like a banana republic.
 
eohrnberger said:
The guy on whom the FBI lied (altering interview 302's), the same guy the FBI agents stated he didn't lie to them, I hope the judge permits his withdraw of his guilty plea, as it was made under threat and duress. You know? Like fairness and justice?

Or are some willing to acquiesces to to government lying, and then take the plea the government dictates?
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The judge has no choice he cannot stop him from changing his plea to not guilty.
A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded.
 
ludin said:
the judge has no choice. the judge cannot stop him from changing his plea to not guilty.
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That is misinformation.


From Michael Flynn moves to withdraw guilty plea after Justice Department flips on prison time

The judge must sign off for the withdrawal of Flynn's plea to go through. It is possible that the judge could reject his motion and let the plea stand.

Should the judge accept Flynn's request, there will likely be another 30-day delay before next steps that would likely lead to a trial.
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Atomic Kid said:
You mean more like in fairy tales and fantasy land. The agents stated no such thing and there was no duress. They actually gave him multiple prompts and chances to reconsider and change his answers because they weren't matching up with the information they had. But he didn't. He lied. Plain and simple.
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Michael Flynn's lawyer on Monday demanded in a court filing that the FBI thoroughly search its internal "Sentinel database" and turn over "every" document in which agents described their critical January 2017 White House interview with the former national security adviser, after it emerged last month that FBI officials had apparently manipulated the so-called "302" witness report in the case weeks after the interview.

Flynn's attorney, Sidney Powell, also asserted that separate handwritten notes from the interview drafted by since-fired FBI agent Peter Strzok and another agent are plainly inconsistent with one another, as well as the final FBI 302 that underpinned Flynn's guilty plea for one count of making false statements to investigators.

The FBI lied to flynn when they went to interview him and made no indication that what he said was under oath or sworn testimony.

Although the government has insisted that the FBI's after-the-fact edits to the 302 report were "largely grammatical and stylistic," Powell argued that they were in fact highly substantive and improper alterations that inaccurately made it appear that Flynn had issued blanket denials to agents' questions.

Powell noted in the filing that she will file a motion seeking to have the case against Flynn thrown out because of "egregious government misconduct." Most courts agree that the Supreme Court "would find that the government has an obligation to disclose exculpatory evidence at the plea stage," Powell wrote, adding that the government had deliberately manipulated its witness reports to secure a guilty plea.

why do you support such corruption at the FBI?
 
RAMOSS said:
To accept a pardon is to accept the responsibility of doing the crime. You also no longer have the right to remain silent on that matter, so if he is ask specifically about Trumps involvement, he legally can not refuse to answer.
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I'm not sure of that, but then I'm not a lawyer. What if a person is convicted but thought to be innocent. How does a President or Governor get them out of prison?
 
RAMOSS said:
That is misinformation.


From Michael Flynn moves to withdraw guilty plea after Justice Department flips on prison time
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ACtually by flipping on the agreement the government has thrown the agreement out the judge has no choice but to accept the
withdrawal

Withdrawing a Guilty Plea | Nolo

A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. (The prosecution can sometimes back out of a deal, too.)

For example, if Clay pleads guilty to bribery in exchange for the prosecution’s agreement to a three-years-or-less sentence, but the judge indicates an intention to sentence him to five years, he can probably withdraw the plea.
 
Rising Sun said:
I'm not sure of that, but then I'm not a lawyer. What if a person is convicted but thought to be innocent. How does a President or Governor get them out of prison?
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I have seen multiple references to that... from what I consider good sources. Pardoning them basically commutes their sentence (or at least can put them up to the parole board, which rarely refuses).
 
ludin said:
ACtually by flipping on the agreement the government has thrown the agreement out the judge has no choice but to accept the
withdrawal

Withdrawing a Guilty Plea | Nolo

A defendant can typically withdraw a guilty plea that a judge hasn’t yet accepted. Also, defendants who have pleaded but not yet been sentenced can sometimes get out of their deals, particularly when the judge rejects the negotiated agreement pursuant to which the defendant pleaded. (The prosecution can sometimes back out of a deal, too.)

For example, if Clay pleads guilty to bribery in exchange for the prosecution’s agreement to a three-years-or-less sentence, but the judge indicates an intention to sentence him to five years, he can probably withdraw the plea.
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'Probably' is not definite. So, your statement 'has no choice' is incorrect, although 'probably' will accept that.
 
SLC said:
Michael Flynn moves to withdraw guilty plea, citing '''bad faith''' by government | Fox News


Former national security adviser Michael Flynn moved Tuesday to withdraw his guilty plea for lying to the FBI in the Russia probe, citing "bad faith" by the government.

The court filing came just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.

But, in Tuesday’s court filing, his legal team said he moved to withdraw his plea "because of the government's bad faith, vindictiveness and breach of the plea agreement."

"The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel," Flynn’s attorneys wrote in the filing. "This can only be because with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution."

The filing continued:"Justice is not a game, and there should be no room for such gamesmanship in the Department of Justice."

In the court filing, Flynn's lawyers said the Justice Department is attempting to "rewrite history" by withdrawing its recommendation that he be sentenced to probation and by suggesting he had not been forthcoming or cooperative.

===============================================================

I hope Flynn wins. The state's case is very thin.
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Bad faith is what the US government is all about! The Russiagate hoax was the direct result of the bad faith of the federal government.
 
Thoreau72 said:
Bad faith is what the US government is all about! The Russiagate hoax was the direct result of the bad faith of the federal government.
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It's such a hoax that people are going to prison for it. It's the most successful witch hunt in US history, and it's only getting started.

:)

Я Баба Яга [emoji328]
 
cabse5 said:
Are you familiar with the term banana republic? What you described sounds like a banana republic.
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I am.

It applies in this case, as well when a sitting presidential can politicize federal DOJ, Intel and LEO to make **** up, use others made up ****, for use as political weapons against political enemies.

Sent from my Pixel 2 using Tapatalk
 
As he should. They destroyed this man's life to get to Trump. It just shows how corrupt, bias, and childish Washington REALLY is to get what THEY want. This whole thing with Flynn and bunch of other bull$#!t that the Democrats, and even some Never Trump Republicans and Independents, have put on are going to be big reasons as to why Trump is going to win in November.

To use as an example, go back to 2018. One of the main reasons Republicans had maintained control and even expanded the number of seats in the Senate because of what happened during the Kavanaugh hearings with Christine Blasey-Ford and the other so called "victims." No evidence, no corroborating witnesses, no date of when it happened, no location of where it happened, no written statements. Literally NOTHING, other than their "story", and those didn't even turn up anything. Blasey-Ford was the only one who "swears" that something happened 30+ years ago and said that Kavanaugh raped her, but her testimony doesn't hold up because she couldn't remember ANYTHING else (allegedly).

Normal, sane people would have looked at this and said "these women and these lawyers are full of $#!t" because of the lack of evidence, but who REALLY made this a big was the Democrats pushing this notion that it was true, and it just so happened that they held on to this "note" for a few months. Pretty convenient, and they just whipped it out after the confirmation hearings with Kavanaugh were over and they were getting ready to vote him into SCOTUS and said "HEY, HEY, HEY! WE HAVE THIS NOTE SAYING YOU RAPED SOMEONE! WE CAN'T VOTE HIM IN UNTIL AFTER WE HAVE AN INVESTIGATION AND HEAR FROM HIS ACCUSER!!!" Interesting thing is Kavanaugh has had numerous background checks and nothing of the sort ever came about, and he is now on SCOTUS. So what was the real reason behind all this? Simple: it was to deny Trump his second Supreme Court Justice pick. And they did it in such a way where it almost destroyed his life. They didn't care. The day that both Kavanaugh and Blasey-Ford had shown up, they were laughing it up. Now, notice how the Democrats don't talk about Kavanaugh anymore. Almost as if that whole side show never happened because THEY got denied.

So I hope Flynn gets his life back as a result of this filing to withdraw his guilty plea. Now, there will be people on here that'll say something along the lines of ''WELL, HE LIED! HE DESERVES TO BE IN JAIL! HE'S GUILTY AS SIN!!!" Right, and if that's the case, James Comey should join him because he lied multiple times throughout this case UNDER OATH but never went to jail for it, so now's the time that he should finally get what he deserves.
 
Herkamer63 said:
As he should. They destroyed this man's life to get to Trump. It just shows how corrupt, bias, and childish Washington REALLY is to get what THEY want. This whole thing with Flynn and bunch of other bull$#!t that the Democrats, and even some Never Trump Republicans and Independents, have put on are going to be big reasons as to why Trump is going to win in November.

To use as an example, go back to 2018. One of the main reasons Republicans had maintained control and even expanded the number of seats in the Senate because of what happened during the Kavanaugh hearings with Christine Blasey-Ford and the other so called "victims." No evidence, no corroborating witnesses, no date of when it happened, no location of where it happened, no written statements. Literally NOTHING, other than their "story", and those didn't even turn up anything. Blasey-Ford was the only one who "swears" that something happened 30+ years ago and said that Kavanaugh raped her, but her testimony doesn't hold up because she couldn't remember ANYTHING else (allegedly).

Normal, sane people would have looked at this and said "these women and these lawyers are full of $#!t" because of the lack of evidence, but who REALLY made this a big was the Democrats pushing this notion that it was true, and it just so happened that they held on to this "note" for a few months. Pretty convenient, and they just whipped it out after the confirmation hearings with Kavanaugh were over and they were getting ready to vote him into SCOTUS and said "HEY, HEY, HEY! WE HAVE THIS NOTE SAYING YOU RAPED SOMEONE! WE CAN'T VOTE HIM IN UNTIL AFTER WE HAVE AN INVESTIGATION AND HEAR FROM HIS ACCUSER!!!" Interesting thing is Kavanaugh has had numerous background checks and nothing of the sort ever came about, and he is now on SCOTUS. So what was the real reason behind all this? Simple: it was to deny Trump his second Supreme Court Justice pick. And they did it in such a way where it almost destroyed his life. They didn't care. The day that both Kavanaugh and Blasey-Ford had shown up, they were laughing it up. Now, notice how the Democrats don't talk about Kavanaugh anymore. Almost as if that whole side show never happened because THEY got denied.

So I hope Flynn gets his life back as a result of this filing to withdraw his guilty plea. Now, there will be people on here that'll say something along the lines of ''WELL, HE LIED! HE DESERVES TO BE IN JAIL! HE'S GUILTY AS SIN!!!" Right, and if that's the case, James Comey should join him because he lied multiple times throughout this case UNDER OATH but never went to jail for it, so now's the time that he should finally get what he deserves.
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Do you think there is insufficient evidence that Flynn was operating as an unregistered agent of Turkey?
 
See? There you go. Maybe not the exact words, but close enough. Of course, the indoctrinated Leftist voting base won't know any better so no surprise there.
 
Herkamer63 said:
See? There you go. Maybe not the exact words, but close enough. Of course, the indoctrinated Leftist voting base won't know any better so no surprise there.
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Is there any dispute that Flynn was being paid by the Turkish government while National Security Advisor?
 
SLC said:
Michael Flynn moves to withdraw guilty plea, citing '''bad faith''' by government | Fox News


Former national security adviser Michael Flynn moved Tuesday to withdraw his guilty plea for lying to the FBI in the Russia probe, citing "bad faith" by the government.

The court filing came just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.

But, in Tuesday’s court filing, his legal team said he moved to withdraw his plea "because of the government's bad faith, vindictiveness and breach of the plea agreement."

"The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel," Flynn’s attorneys wrote in the filing. "This can only be because with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution."

The filing continued:"Justice is not a game, and there should be no room for such gamesmanship in the Department of Justice."

In the court filing, Flynn's lawyers said the Justice Department is attempting to "rewrite history" by withdrawing its recommendation that he be sentenced to probation and by suggesting he had not been forthcoming or cooperative.

===============================================================

I hope Flynn wins. The state's case is very thin.
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This whole thing is a travesty. TDS’ers are rooting against him as if it were a football game, yet the fundamental issue is: “Does the federal government have the right to frame you?” This should concern everyone because local DA’s take a lot of guidance from the feds.
 
Rising Sun said:
What is he's really Jesus returned to Earth and this is the second Crucifixion?
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Garbage non-reply. He may be innocent and was tricked or pressured into signing something he should not have. It's a fact that he was financially ruined by the prosecution. That's what they call prosecutorial misconduct, see also the FISA applications and the Mueller probe.
 
TheDoctorWasIn said:
Here's the problem with that theory.

A year and half after he initially pled guilty, he stood in front of the judge and re-affirmed his guilty plea.

The judge gave him the opportunity to withdraw the plea, and he declined. He affirmed his guilt, again, under oath.

This was 6 months ago.
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Pleading a plea bargain is different. Maybe a DP mouthpiece can clarify.
 
Jay59 said:
Garbage non-reply. He may be innocent and was tricked or pressured into signing something he should not have. It's a fact that he was financially ruined by the prosecution. That's what they call prosecutorial misconduct, see also the FISA applications and the Mueller probe.
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Why did Trump fire Flynn?
 
Part of me wants him to do this, but with Bill Barr as the AG, Flynn would get away with the crimes he could have been charged with instead of pleading down to lying to the FBI.
 
SLC said:
Michael Flynn moves to withdraw guilty plea, citing '''bad faith''' by government | Fox News


Former national security adviser Michael Flynn moved Tuesday to withdraw his guilty plea for lying to the FBI in the Russia probe, citing "bad faith" by the government.

The court filing came just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.

But, in Tuesday’s court filing, his legal team said he moved to withdraw his plea "because of the government's bad faith, vindictiveness and breach of the plea agreement."

"The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel," Flynn’s attorneys wrote in the filing. "This can only be because with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution."

The filing continued:"Justice is not a game, and there should be no room for such gamesmanship in the Department of Justice."

In the court filing, Flynn's lawyers said the Justice Department is attempting to "rewrite history" by withdrawing its recommendation that he be sentenced to probation and by suggesting he had not been forthcoming or cooperative.

===============================================================

I hope Flynn wins. The state's case is very thin.
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Yea, because the lying scumbag like all other scumbags Trump surrounds himself with are innocent and pure like driven snow.
 
vesper said:
The other day I was trying to make a list of all the people associated with Trump whether his campaign, his transition team etc. that had to obtain expensive lawyers to represent them through the number of times they were called to testify over what turned out to be bogus charges after the Mueller Report was released.
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1. Please share the list of people including the bogus charges. Thanks in advance.

Of the people on the campaign, transition team, etc. who were called to testify, how many were forced to work for Trump? I personally know of 2 people who were asked to work for Trump and turned down the offer. Both said in essence that they had no desire to be connected to what they believe(d) is a terribly unqualified and corrupt person. Everyone had and has a choice whether to work for Trump or not.

The people who made the decision to be connected to Trump should have known the personal risks that they would be taking. Very few people, very few, who work for Trump have not had their reputations, careers, morals, and lives destroyed by and/or because of Trump. Perhaps using the huckster vernacular would be more appropriate: "You pays your money and you takes your chance."

These people many of them were left with hefty lawyer bills and will be paying on them for years.
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Not know to whom you refer until you share your list I can only say at this point if they had walked away as the first sign of **** getting thick they'd have had nothing to say and no need of lawyers. Also, you should know that no one is forced to hire top dollar lawyers in DC. Whine and complain about it but no one is forced to hire expensive lawyers. It's a matter of choice. That choice is part of the risk one takes working for Trump.

Horowitz report I can't help but think of all those persons that were low hanging fruit in the Trump campaign that our intel agencies under Obama that illegally caused them grief by setting them up and the lawyer fees all of them entailed because of illegal surveillance.
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It is unclear as to what you are saying ^^^, could you please flesh that out? Again the names of the people to which you are referring are needed otherwise your accusation has no credence. Thanks in advance again.

Comey has publicly admitted to setting up Flynn.
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Was Comey found to have broken the law regarding Flynn?
 
ludin said:
the judge has no choice. the judge cannot stop him from changing his plea to not guilty.
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Either ludin has once more utterly failed to understand what he has read but still thinks himself the foremost authority on it, or he's lying out both corners of his rectum. The above statement is false.
 
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