Judge Sullivan’s “perjury” gambit
Power Line,
by
Paul Mirengoff
Original Article
Posted By: Pluperfect,
5/15/2020 4:48:43 AM
Judge Sullivan’s decision to have a former federal judge argue against the DOJ’s motion to dismiss the Michael Flynn prosecution is bizarre enough. In addition, though, Sullivan asked the same judge to consider whether Flynn should face a perjury charge based statements he made to the court in connection with his guilty plea.
I assume Sullivan recognizes that the DOJ’s motion to dismiss the charge of false statements to the FBI makes it very difficult, if not impossible, for Sullivan to sentence Flynn on that charge. The judge is looking for an alternative way of nailing Flynn — one that doesn’t require Justice Department participation or approval.
Reply 1 - Posted by:
IowaDad 5/15/2020 6:35:27 AM (No. 411644)
Not quite right.
Flynn was indeed less that truthful to the FBI. The allegation that he lied is on its face true. However, the motion to dismiss addresses not what Flynn said, but the fact that his untruth was not "material" and therefore not a crime. Flynn never addressed materiality in his colloquy accompanying his guilty plea -- and Judge Sullivan put off an examination of materiality in a nebulous fashion. Further, Flynn had no direct knowledge of the shenanigans that were going on at DPJ and FBI at the time of his plea. If he had known, he would not to have entered a coerced guilty plea. It is now crystal clear that the prosecution was not pursuing the truth, but pursuing Trump by setting up a politically motivated perjury trap.
Judge Sullivan has nasty rotting egg all over his face.
11 people like this.
Reply 2 - Posted by:
jeffkinnh 5/15/2020 7:03:36 AM (No. 411668)
Flynn has shown no contempt to the court. He has simply played the game with the cards that had been dealt to him, arranging a plea deal, as so many do, to limit the damage to him and his family. As it turned out, the dealer was crooked and vicious. His legal representatives were in on the scam. We know this now.
The deck has now been redealt and Flynn, playing with legitimate cards is seeking justice. It is an abomination of justice that a man so falsely and harshly persecuted by a corrupt government is now being assaulted by an arrogant, activist judge who is torturing the law for his own personal and blatantly political whims. Judges are in place to protect citizens from the excesses of government through fair interpretations of the law. Sullivan should be furious at the government for this mockery of a prosecution. Instead, Sullivan is going after the victim.
This judge is a travesty.
19 people like this.
Reply 3 - Posted by:
Bur Oak 5/15/2020 8:10:57 AM (No. 411720)
How can anyone be sure that Flynn wasn't totally truthful? The FBI doctored the form 302 several times. Judge Emmet Sullivan should be outraged at the corruption of the prosecution. Judge Sullivan seems to want to be king of the kangaroos. I hope the judge gets what he deserves. Civil society operates only with some degree of trust. Trust is being destroyed daily by those in power. When all trust is gone civil society is gone.
9 people like this.
Reply 4 - Posted by:
snapper451 5/15/2020 8:21:27 AM (No. 411731)
One has to seriously wonder if Judge Sullivan got the phone call to cover for Obama after he made the mistake of saying "Perjury" on his call. Anything to save face for Queen Barry. Judge "Emmit Kelly" Sullivan has turned his clown show operation into a modern day tragedy for the rule of law.
10 people like this.
Reply 5 - Posted by:
bighambone 5/15/2020 9:14:57 AM (No. 411801)
Remember that when Michael Flynn supposedly committed perjury by pleading guilty to an immaterial charge before that Judge, he was being represented by a high priced DC law firm (Eric Holder is a partner). Who as Flynn’s Attorneys must have as counseled Flynn to do that. Flynn is not a lawyer, and it was his attorneys who were expected and required to know the law and represent Flynn accordingly. So if Flynn is found guilty for committing perjury before that Judge, you would think that those lawyers would also be in legal jeopardy for advising Flynn to commit perjury. This morning it is being reported that those former Flynn lawyers have filed a motion with the Judge to come back into the case, even though Flynn has not retained them to represent him. Obviously those lawyers are trying to get in position to cover their butts for giving Flynn what now appears to be incompetent and terrible legal advice.
3 people like this.
Reply 6 - Posted by:
planetgeo 5/15/2020 9:23:22 AM (No. 411813)
Not enough has been said about the role of Flynn's original legal team (Covington) in Flynn's supposed "confession".that several posters here keep trotting out. It is now evident from the latest documents uncovered by Flynn's current brilliant lawyer (Powell) that the Covington team's work was not only shoddy but may also have been part of the setup in recommending that he accept the guilty plea deal. The Covington team's connections with Obama's top people (Holder in particular) certainly lend cause for suspicion.
As for the plea itself, it was based on a complex deal worked out by the Covington team and recommended to Flynn as his best option. This is often done in criminal cases, and accepted by people who assert they are innocent but don't want to risk the chance of a more onerous sentence.
A guilty plea in such circumstances is not an absolute confession.
5 people like this.
Reply 7 - Posted by:
Sully 5/15/2020 9:40:10 AM (No. 411832)
Really disappointed in Judge Sully here. It was Judge Sully who lectured, "I have never accepted a guilty plea from an innocent defendant and I'm no going to start now!" or words like that.
It would seem he is now actively on the Obama defense team. Judge Sully wants POTUS to pardon Flynn so he doesn't go free in Sullly's court.
Shame. C'mon judge. The world is watching.
3 people like this.
Reply 8 - Posted by:
kdog 5/15/2020 9:43:51 AM (No. 411842)
Anyone with even a slight knowledge of our legal system knows the judge is way out of his role here. Question is, who is going to do something about it?
5 people like this.
Reply 9 - Posted by:
cor-vet 5/15/2020 9:59:32 AM (No. 411867)
This partisan, black robed Obama shill is exhibit #1 of why there should be no lifetime jobs. Originally, a life time appointment made you immune to pressure, but now all it does is let you play politics without repercussions.
4 people like this.
Reply 10 - Posted by:
MDConservative 5/15/2020 10:28:38 AM (No. 411907)
As the facts filter out, one wonders what Flynn was doing for himself. Let's see:
He spoke to the FBI on "friendly terms" without counsel, and misspoke. He also failed to clear the meeting with his boss, Transition Chairman (and VP-Elect) Mike Pence. Later, when they discussed the matter, Pence concluded that Flynn lied to him, and recommended PDT request his resignation.
The FBI and DOJ construct this frame. In the meantime, Flynn hires "incompetent" and high priced lawyers for this defense. The FBI threatens his son with prosecution...Flynn folds...his lawyers negotiate a plea agreement to avoid this unpleasantry. Flynn, a retired Lieutenant General and the once future National Security Advisor to the President of the United States, just blithely signs the paper presented him.
Flynn pleads guilty TWICE to the court swearing he committed the crime charged and that he was doing this freely, without pressure. The judge accepts his guilty plea, and withholds sentencing because part of the deal was his cooperation with DOJ in its investigation. At this point, the "trial" stage is done, over, guilt admitted. Flynn forfeited his day in court.
Now the stuff has hit the fan. It was all based on government lies and threats. Not much different than other criminal cases...the prisons are full of innocents. Ask them.
So, after the "trial" but before sentencing, the government comes forward requesting dismissal...on the grounds that its evidence would likely be ruled inadmissible. The motion reads. ..."we (DOJ) do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt." No one is saying Flynn didn't do it. No one at DOJ is saying he was framed, either.
With that, the judge has a decision to make. That he was "saving his family" may be a reason for perjuring himself in admitting guilt...but it's like a poor person robbing a bank...there's nothing exculpatory in that. He swore there was no pressure. Now there was. Which story is true? And, either way, should Flynn be penalized for his two-time perjured statements?
He is caught in his own web.
0 people like this.
Reply 11 - Posted by:
bighambone 5/15/2020 10:55:38 AM (No. 411949)
The next step should be taken by the Attorney General, and Michael Flynn’s current lawyer, to file a writ with the Court of Appeals to intervene. At the moment that may be precipitous, or not, who knows, until Judge Sullivan actually moves forward with his call to bring in an outside partisan liberal Democrat lawyer from New York to substitute for the Attorney General and/or denies the DOJ’s motion to dismiss the charges against Flynn.
You can expect that Judge Sullivan will do everything he can to string out the Flynn case until after the General Election. Because Barack Obama, Joseph Biden, and their crews along with the leftist and liberal Democrats certainly do not want Flynn to be out there during the run-up to the election, with the charge against him dropped, then free to talk about his experience of being set up by the Obama-Biden FBI and being criminally persecuted by those Democrat entities.
It seems like something like that occurred years ago in Judge Sullivan’s courtroom when the Obama crew lodged bogus criminal charges against Senator Stevens of Alaska, who went on to loose his election. After that when it no longer mattered politically, Obama’s Attorney General and self described wing man Eric Holder filed a motion with Judge Sullivan to drop the charges against Stevens with Sullivan immediately granting Holder’s motion. Anyone still believe that the federal courts are not completely politicized anytime a politically charged case shows up before activist judge?
2 people like this.
Reply 12 - Posted by:
Lonestar Jack 5/15/2020 11:01:35 AM (No. 411952)
One look at the judge and I thought "Flynn will never get an American type judgement". These guys do not believe that the Constitution governs them. They are above it.
He probably wants reparations also.
0 people like this.
Reply 13 - Posted by:
bpl40 5/15/2020 11:04:00 AM (No. 411960)
When a defendant pleads guilty to a lesser charge knowing it is not true, in order to avoid a bigger penalty, Technically he is committing perjury. But is he? If he is, then the State is guilty of violating his Fifth Amendment rights. You can't have it both ways.
0 people like this.
Reply 14 - Posted by:
Chuzzles 5/15/2020 11:15:45 AM (No. 411972)
Flynn did not commit perjury. So the judge is going to be lying through his Obamabot teeth if he pulls that stunt. I would love to see the DOJ investigate this judge for his unprofessional and unethical ignoring of any kind of evidence or law with regards to Flynn. This judge is begging for an impeachment. I say, give it too him.
2 people like this.
Reply 15 - Posted by:
DVC 5/15/2020 12:37:50 PM (No. 412075)
Sullivan will be getting a hand slap and this will end within a week, my bet. He deserves to be removed from the bench, but that won't happen, unfortunately.
0 people like this.
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