Sunday, May 17, 2020
Rule 48 and General Flynn
Many of us have read that Judge Sullivan is not rubber stamping the DOJ's motion to dismiss the complaint that was (wrongly) filed against Lt. General Michael Flynn (ret.) because of prosecutorial misconduct, and there is a lot of argument going on about that. But let's cut to the quick here. If the learned Judge Sullivan refuses to dismiss the case against General Flynn, and sets it for sentencing, when that date roles around, the Judge is going to sentence General Flynn to something and an appeal will follow. My prediction of what will happen to that sentence will be reserved for a later posting (dismissal of all charges).
Or, the Judge finally allows General Flynn to withdraw his plea and sets the matter for trial on the merits. When the day of trial rolls around, if the DOJ is still run by Republican appointees under AG Barr (a 60/40 chance right now), no one for the prosecution shows up to prosecute the case, no evidence is adduced in the case-in-chief (as there is no prosecution to subpoena the witnesses and question them), and as the judge declares, in absentia, that the prosecution rests (as we assume he must) and then the defense lawyer, Sidney Powell, makes the "half-time" motion to dismiss for failure to prove a single element of the offense; then there seems to be no alternative for grandstanding weirdo Judge Sullivan but to grant the motion; and we're back at General Flynn is acquitted, case over, he is free to go. Wow, what a waste of our precious judicial resources either of those scenarios would be!
So, what is going on here? Is weirdo Sullivan a die-hard liberal hoping that Biden, or whoever, wins against Trump and the lefty DOJ shows up to prosecute the case? (Good luck with that).
As stupid as that seems to most reasonable thinkers, it is the only explanation for the Circus can-of-worms Judge Sullivan has opened up. Reasonable minds could, of course, disagree.
Oh yeah, and (in light of the fact that 95% plus of criminal charges end in a plea deal, Thank God) Judge Sullivan is proposing judicial "charges" of perjury against Flynn for accepting a plea deal that the Judge now believes was not sincere (no shit). But approximately 20% of criminals plead guilty to a charge that they are not guilty of. So, yeah, that's an excellent idea. No way that makes more criminals hesitant to take a plea deal so that there are more criminal trials which overwhelm our court system and result in tons of cases dismissed on "speedy trial" violations.
Has anyone tested Judge Sullivan's IQ lately?
(How about Biden? Is there even a scale for appraising normal old-age dementia? )
Labels: General Flynn legal musings
# posted by Roger Fraley @ 6:07 PM 
