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D.C. Court of Appeals tells Judge Sullivan he's got some 'splaining to do.

Fishking

Fishking

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U.S. District of Columbia Court of Appeals has issued and order to Judge Sullivan to explain his decision to step beyond the powers of judges and to also play the role of prosecution as well. He has until 01 June.

Appeals court orders Flynn judge to respond to demand to dismiss case

A federal appeals court on Thursday ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case.

The order came two days after Flynn’s lawyers asked the U.S. Circuit Court of Appeals for the District of Columbia to drop the case and assign any future court proceedings to another judge.

The Department of Justice two weeks earlier made the surprise move to abandon its own prosecution of Flynn, who had pleaded guilty to lying to the FBI about his conversations with then-Russian Ambassador Sergey Kislyak in the weeks before Trump’s inauguration.
But U.S. District Court Judge Emmet Sullivan did not immediately grant the DOJ’s motion to dismiss its case. Instead, he appointed a former federal judge to argue against the request, and submitted a schedule to allow third parties to submit arguments in the case.
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And this isn't even getting into the fact that the person "judge" Sullivan appointed is someone who has already declared his bias in an op-ed.
 
Judge Sullivan wanted to become prosecutor, judge and jury against Flynn. Just disgraceful. Hope he has a miserable retirement from the bench.

Sullivan-Staples-Article-201605171502.jpg
 
Judge Sullivan will cite Fed. R. Crim. P. 48(a)

(a) BY THE GOVERNMENT. The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
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And Judge Sullivan is not going to let the prosecution drop a case without good reason.
 
Unitedwestand13 said:
Judge Sullivan will cite Fed. R. Crim. P. 48(a)

And Judge Sullivan is not going to let the prosecution drop a case without good reason.
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That's not how it works. The judge is the judge, not the prosecution. The prosecution belongs to the executive branch. He's out of his lane. The appeals court is fairly telling that they put this order out. If it was OK what he was doing the wouldn't have said anything beyond rejecting their appeal. They now only didn't reject it, but they basically send the judge a "WTF? Explain yourself."
 
Fishking said:
That's not how it works. The judge is the judge, not the prosecution. The prosecution belongs to the executive branch. He's out of his lane. The appeals court is fairly telling that they put this order out. If it was OK what he was doing the wouldn't have said anything beyond rejecting their appeal. They now only didn't reject it, but they basically send the judge a "WTF? Explain yourself."
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Well the simple thing for the judge to do is back up, reject the DOJs motion for dismissal, and sentence Flynn to 5 years. That would force Trump to pardon him which is the whole reason the DOJ started this game anyway. Trump was trying to avoid the pardon. Now he'll be stuck with it, or Flynn can enjoy some away time.
 
Unitedwestand13 said:
Judge Sullivan will cite Fed. R. Crim. P. 48(a)



And Judge Sullivan is not going to let the prosecution drop a case without good reason.
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Judge Sullivan is given a chance to do what he should of done. He if does not he will be slapped down severely.

Read this very recent Supreme Court case!

A “Radical Transformation”: Supreme Court Unanimously Overrules The Ninth Circuit – JONATHAN TURLEY

In an unanimous opinion, Justice Ruth Bader Ginsburg excoriated the United States Court of Appeals for the Ninth Circuit for “an abuse of discretion” when it brought in third parties to argue the case and ruled on that basis. That approach “drastically” changed the judicial norms of having the parties present arguments. The Ninth Circuit opinion was written by A. Wallace Tashima who ruled with Marsha S. Berzon, and Andrew D. Hurwitz. Hurwitz was brought into the case after Judge Stephen Reinhardt died.

“In our adversarial system of adjudication, we follow the principle of party presentation. As this Court stated in Greenlaw v. United States, 554 U. S. 237 (2008), ‘in both civil and criminal cases, in the first instance and on appeal . . . , we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.’ Id., at 243. In criminal cases, departures from the party presentation principle have usually occurred “to protect a pro se litigant’s rights.” … But as a general rule, our system “is designed around the premise that [parties represented by competent counsel] know what is best for them, and are responsible for advancing the facts and argument entitling them to relief.” Id., at 386 (Scalia, J., concurring in part and concurring in judgment).3 In short: “[C]ourts are essentially passive instruments of government.”

That is just about as clear a spanking as you will find in a remand.
 
The Democrats and Swamp are trying to delay the inevitable, which are the legal repercussions from the collusion delusion scam, which the Swamp ran against Trump and Flynn. If Flynn is exonerated this will be a nail in the coffin of the swamp. The Democrats are calling in favors hoping to delay this with a Hail Mary legal Pass. If they can delay Flynn, until after the election, and if Biden can win, they can cheat justice and make it all go away. Fake news and forum propaganda are giving them cover.

A free Flynn is dangerous to the Swamp and Democrats, since he can sue a wide range of people in civil courts. There is so much media coverage from the lying swamp and fake news, this suits will be easy and far reaching. Barr and Durham are limited to criminal liability and Barr has said he will not pursue criminal charges against Obama and Biden. Flynn, on the other hand, can sue fake news and even go after Obama's nest egg, since it can be proven that Obama had an ax to grind. Flynn knows where the bodies are buried.

Flynn can make this go very far because of his fancy Lawyer Sidney Powell. She is one tough woman, who has legally beaten down the swamp's army of lawyers. She was able to zoom in and have things declassified, which resulted in the AG freeing Flynn. She will make it so expensive for the swamp, in civil court, they will tap out and rat on each other. She is the same person that got the DC District court to act against Sullivan. her arguments are so strong even swamp judges are afraid to expose themselves.
 
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The AntiDonald said:
Well the simple thing for the judge to do is back up, reject the DOJs motion for dismissal, and sentence Flynn to 5 years. That would force Trump to pardon him which is the whole reason the DOJ started this game anyway. Trump was trying to avoid the pardon. Now he'll be stuck with it, or Flynn can enjoy some away time.
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The who reason the DOJ "started this game" was because they overstepped and charged someone improperly, violating a bunch of policies along the way. You're behind on the news cycle and what has been put out.
 
Unitedwestand13 said:
Judge Sullivan will cite Fed. R. Crim. P. 48(a)



And Judge Sullivan is not going to let the prosecution drop a case without good reason.
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I hope being an innocent man and having been threatened and extorted by the government is enough reason.
 
Thoreau72 said:
I hope being an innocent man and having been threatened and extorted by the government is enough reason.
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Except innocent people do not plead guilty, and your Trump ass kissing does not make him innocent.
 
Fishking said:
U.S. District of Columbia Court of Appeals has issued and order to Judge Sullivan to explain his decision to step beyond the powers of judges and to also play the role of prosecution as well. He has until 01 June.

Appeals court orders Flynn judge to respond to demand to dismiss case



And this isn't even getting into the fact that the person "judge" Sullivan appointed is someone who has already declared his bias in an op-ed.
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Should he ask the House to investigate instead?
 
danielpalos said:
Should he ask the House to investigate instead?
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It's a legal process, not a political one. So no...there is no reason for the House to investigate unless they are politically going after someone specific.
 
prometeus said:
Except innocent people do not plead guilty, and your Trump ass kissing does not make him innocent.
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You should read the Alford Decision. Innocent people plead guilty far more than you might believe.
 
Rich2018 said:
Totally correct.
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I love watching people who have no experience in the criminal justice system say stuff that is completely false
 
Fishking said:
It's a legal process, not a political one. So no...there is no reason for the House to investigate unless they are politically going after someone specific.
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The judicial branch is not the political branch. And, this case seems more political than legal.
 
prometeus said:
Except innocent people do not plead guilty, and your Trump ass kissing does not make him innocent.
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Innocent people plead guilty frequently. The most notorious example is the Central Park Five. Your knowledge base is inadequate, and that is reflected with your specious charge that I'm kissing Trump's arse.
 
Thoreau72 said:
Innocent people plead guilty frequently. The most notorious example is the Central Park Five. Your knowledge base is inadequate, and that is reflected with your specious charge that I'm kissing Trump's arse.
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So what? Flynn, a LTG, pleaded guilty. He knew his own mind. He did it voluntarily, willingly, and knowingly.
 
prometeus said:
No they do not. People who face overwhelming evidence do so to lesser charges.

They never plead guilty.

And clearly yours is non existent.
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You are ignorant of facts, and pompous enough to show in public.
 
TurtleDude said:
You should read the Alford Decision. Innocent people plead guilty far more than you might believe.
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Seriously? Yet SCOTUS upheld the guilty plea and Alford plead guilty only to avoid the death penalty. Oddly enough the military does not allow such pleas.
 
prometeus said:
Then it would be easy enough for you to substantiate it instead of making empty assertions.
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I don't know how old you are, and maybe you are young enough and uninformed enough to not know the history of the Central Park Five case many years ago.

Whatever the case may be, your last few posts reveal you to be dreadfully ignorant of reality in the US criminal justice system. It is impossible to have an adult conversation with one so ignorant.
 
Thoreau72 said:
I don't know how old you are, and maybe you are young enough
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Its not about me, but the facts and the fact is that they never plead guilty and that only shows that it is you who is uninformed.

Whatever the case may be, your last few posts reveal you to be dreadfully ignorant of reality in the US criminal justice system.
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Because I showed you that you made a stupid assertion?
 
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