There are several reasons why a plea might be withdrawn. The most common would be new information, bad counsel, or information regarding any threats made by prosecutors to garner a guilty plea. While Flynn did switch counsel, nobody is saying General Flynn had bad counsel. But on the other two counts, this case is textbook for why someone might withdraw a plea.
First, there has been so much new information that Judge Sullivan told the defense to stop sending it to them (until they gathered it all). The new information suggests that the pretenses used to interview Flynn was flawed (if not illegal), that the FBI agents had admitted to creating a perjury trap to get Flynn fired or prosecuted, and that ultimately the 302 (notes from the interview) were altered by multiple people, including some that were not even in the interview. This alone would justify the withdraw of a plea.
Bur moreover, new information has come to light that the FBI threatened General Flynn with prosecution of his son, if he didn't agree to plead guilty to false statement charges. This is also a violation of Flynn's constitutional rights, as well as a potential violation of the law by the prosecutors.
So of the most common reasons why a plea would be withdrawn, Flynn has two legitimate reasons for doing so. More to the point there is precedent after precedent of such pleas being withdrawn without any charges of contempt. In fact, I would venture out loud that there is no such legitimate precedent for anyone withdrawing a plea to be found in contempt of court.
Anything short of allowing the dismissal will be overruled by an appellate court regardless. This is Sullivan pulling shit out of his you know what, in hopes of prolonging this fiasco or otherwise hassling an innocent (and persecuted) man.
44 comments:
Judge Sullivan making stuff up as he goes along...
BWAAAAAAAA!!!!! I guess he is emulating you and trump.....making shit up all the time!!!!!! Sad that the dishonest fat fuck barr playing games at trumps command trying to dismiss the rule of law....I find it most amusing that the judge may contemplate another perjury charge on flynn.....lying about lying under oath is a real catch 22 for the asshole.....!!!!!
Once again Denny is talking out of his ass.
Denny doesn't think...
If he did, he would realize that if Sullivan is correct in his legal opinion here, then every single defendant who withdraws a guilty plea is guilty of criminal contempt.
And yet, nobody has been charged for "changing their plea".
In fact, if it was technically illegal to change pleas, then the judicial system wouldn't even allow it.
Sean Davis
@seanmdav
The Clinton-appointed former judge lawlessly tasked by Judge Sullivan to attack Michael Flynn not only represented Sally Yates, he previously said it would be "an abuse of discretion" for a judge to deny the government its right to dismiss charges. https://justice.gov/sites/default/files/usao-edny/legacy/2015/04/06/HSBC%20Memorandum%20and%20Order%207.1.13.pdf
Deep state judges adding to the whole Obama Criminal Cabal implosion.
And shows why it's hard for any fair trial around Washington DC.
Thank God for the constitution and the electoral college.
McConnell Admits Obama Did Have Pandemic Plan
May 14, 2020 at 9:27 pm EDT By Taegan Goddard
Senate Majority Leader Mitch McConnell (R-KY) walked back comments made earlier this week that the Obama administration didn’t leave behind a “game plan” for a pandemic, The Hill reports.
Said McConnell:
“I was wrong. They did leave behind a plan. I clearly made a mistake in that regard.”
Withdrawing a guilty plea is not as legally simple as some of you make it sound.
*** NOTICE OF CONSTANT SPAMMING and USE OF TAEGAN GODDARD's POLITICAL_LIRE ***
Regular readers of this blog know the constant spamming, lying and obsession for that left-wing Taegan Goddard blog by a certain poster. That poster james, also called the "pastor" (which he claims to be even if you can't tell by his actions) is the POS responsible and considers his mindless rude behavior his hobby. Sometimes he credits Taegan Goddard, sometimes he doesn't.
He has descended so far into TDS and desperation he fills every discussion thread with what people have described as an avalanche of spam. If this is being posted today is no different. He even gets his edited news from that site and spams that if he thinks it will hurt Trump. Every day he repeats what that site posts, regardless of topic. It gets so bad he feels the need to even repeat his spam multiple times in a single thread as well as posting in every active thread the very same spam.
He has exhibited the same mental deterioration as Joe Biden and his postings should be given the same consideration. Both their heads will probably explode when it becomes obvious that Trump will win a second term. Biden will not even notice his head did.
I'm JAMES'S FUCKING DADDY and I APPROVE OF THIS MESSAGE
Obama gate....the biggest nothing burger evah!!!!!!
There is more to come about Obamagate, and we will be stunned, because the horror of it all is clear. One of the many facets of Obamagate is that it prevented people from telling Michael Flynn that lying to the FBI was a crime, even if they were investigating something else; had he realized this, he would not have lied to the FBI, probably? It is a commonly known fact (just as commonly known as that Obamagate is ancient and horrible) that it is polite to lie to the FBI unless you are explicitly instructed not to.
AD
This was the genius of Obamagate! President Obama knew that Donald Trump was his greatest political rival, even though he was not running against Donald Trump (and could not) and Donald Trump was technically his successor, not his rival (Obamagate did not account for this) and so, deviously, he handed power peacefully over to Donald Trump in the routine way. We are not sure if this is part of Obamagate, but we think it must be, that Obama also prepared a pandemic exercise for the incoming Trump team, but cleverly organized it so that nobody who would remain in the Trump administration would pay attention and no one who was paying attention would remain in the Trump administration. And you see how masterfully it all worked out!
David Von Drehle: Why people believe in a 'plandemic’
Obama is still president to this day, which is why everything that goes wrong is his fault. But that will change soon. Donald Trump is here and can point this out. The rule of law is suffering from the people in charge of the government right now. Their pandemic response has not been all that could be hoped. It is a total disaster and an absolute fiasco, what is going on in the White House right now, or, as I guess we must refer to it, Obamagate. And everyone knew exactly what it was.
Blogger C.H. Truth said...
Denny doesn't think...
If he did, he would realize that if Sullivan
Lil Schitty once again swallows a big load of trump cum.......BWAAAAAAA!!!! If Lil Schitty had a brain he would realize that Barr and trump are ignoring the law for their own gain....But that is okay for a person who thinks life is not important as long as trump prevails....the root cause of the demise of the GOP as we know it!!!!!
Withdrawing a guilty plea is not as legally simple as some of you make it sound.
Nor is it criminal contempt to withdraw a plea.
However, when the prosecution moves to dismiss the charges it becomes moot. And while a judge is not a rubber stamp, they almost automatically grant the prosecution"s motion to dismiss. To refuse to do so is a grave disservice to the defendant's constitutional rights.
And the prosecution would not prosecute the case but go through the motions of a show trial.
Nor is it criminal contempt to withdraw a plea.
BWAAAAAAAAA!!!!! Not when you lie about being guilty!!!!!!!!! Show trial my ass....saving the country from trump and barr are tantamount!!!!!
James your prediction of no protest against Governors, got any updates?
The GOP and losers here are fucking losing their collective minds......seems to me this is falling flat....just like trumps fat face!!!!
Recently people on the right have started pushing a ludicrous pseudo-scandal they’re calling Obamagate. It holds that investigations by Barack Obama’s administration into Russia’s attack on the 2016 U.S. presidential election were a form of illicit sabotage of Donald Trump and his team. The story doesn’t really make sense, which is why, when asked about Obamagate, President Trump couldn’t describe it. But at the heart of the conspiracy theory is “unmasking,” the routine practice by which national security officials find out the names of Americans who appear on intelligence intercepts of foreign actors. Trumpists have tried to turn this into a sinister and portentous term.
Obamagate exists to rewrite the history of Robert Mueller’s investigation into Russian interference to make Trump the victim, rather than someone who actively sought Russia’s help and then took steps to reward the nation’s president, Vladimir Putin, for providing it. Trump often accuses others of misdeeds that he is guilty of; recall his sputtering response to Hillary Clinton calling him a Putin puppet in a 2016 debate: “No puppet! No puppet! You’re the puppet!” In Obamagate, he is accusing his opponents of politicizing intelligence because of a political vendetta, which is what his administration is currently doing.
Richard Grenell, the erstwhile Twitter troll now serving as the acting director of national intelligence, just released a list of Obama officials whose “unmasking” requests revealed the name of Michael Flynn, who would soon become Trump’s national security adviser. Flynn had lots of sketchy contacts before Trump’s inauguration. Besides a call to the Russian ambassador at the time, Sergey Kislyak, that he lied about to the F.B.I., he was also tied to a purported scheme to kidnap and extradite a Turkish cleric living in Pennsylvania, among other escapades. Naturally, his name surfaced in foreign communications monitored by American intelligence agencies, communications that national security officials had good reason to want to learn more about. Republicans, however, seem determined to pretend to believe that Flynn was the target of a deep state plot.
This sub-Benghazi conspiracy theory could be cropping up now because the right hopes to use it against Joe Biden, who as vice president requested one of the unmaskings that turned up Flynn’s name. It’s even possible that Trump’s lawless attorney general, Bill Barr, might use Obamagate as a pretext to open an investigation into Biden. But Obamagate is also a way to distract at least some segment of the country from a very real and very grave scandal: Trump’s calamitous mishandling of the coronavirus crisis, exemplified by suspected political retaliation against Dr. Rick Bright, one of the government’s foremost vaccine experts.
Hey goat fucker any update on you getting your brain?????? BWAAAAAAAA!!!!
Fat Bottom Girl Denise again undressed.
So damn the law again, this is about getting Pres. Trump.
Lol@SocialistofCHT
Actually James is wrong again.
A plea can be easily withdrawn and are all of the time by both sides of the Criminal Justice System.
The trump playbook to divert attention to his meat loving base of idiots who embrace every word he blows out his fat old ass!!!!
Peter Baker
Published May 14, 2020
Updated May 15, 2020, 12:48 a.m. ET
43
WASHINGTON — President Trump has embarked on an aggressive new drive to rewrite the narrative of the Russia investigation by making dark and unsubstantiated accusations that former President Barack Obama masterminded a sinister plot to bring him down.
On Twitter, on television, in the Rose Garden and even on an official White House social media page, Mr. Trump in recent days has taken aim at his most recent predecessor in a way that no sitting president has in modern times, accusing Mr. Obama of undefined and unspecified crimes under the vague but politically charged catchphrase “Obamagate.”
The president went even further on Thursday by demanding that Mr. Obama be hauled before the Senate “to testify about the biggest political crime and scandal in the history of the USA,” a scenario that itself has no precise precedent in American history. Within hours, Mr. Trump’s most faithful Republican ally in the Senate promptly announced that he would indeed investigate, although he would probably not summon Mr. Obama.
In flinging incendiary charges at his predecessor, Mr. Trump has offered no evidence and has not even specified what “crime” he was accusing the former president of committing. Instead, Mr. Trump seemed to be tying the investigation by the special counsel Robert S. Mueller III, which has enraged him for years, back to Mr. Obama while hinting ominously at forthcoming revelations that will bolster his claims.
I hope with the new 7 year no interest loans in the market Alky can get his dream car the Audi A8.
Now how did I come up that car?
Alky said it was his dream car.
Actually James is wrong again.
A plea can be easily withdrawn and are all of the time by both sides
EASILY?????? BWAAAAAAAAA!!!! Post a link show us how easily you just lie to make a point!!!!
The Coup was unmasked and the Obama/Biden Team of Rats are hiding.
Maybe that low rate loan someone can buy your POS desert you call a farm!!!!!! BWAAAAAAAA!!!!!
after spending 3 million saying you didn't lie, after being told you did though the original agents even with a transcript said you didn't and they don't provide their original documentation to the defense, when the agency itself was about to close the case with you innocent, when the government says they are next going to screw your kid, when your lawyers who happen to include conflicted Eric Holder tell you that you better accept a plea and plead guilty and then you do...
You didn't lie
You were crushed by a corrupt deep state out to destroy you. And a complicit media
You need a link to common knowledge.
Lol@Denise
Yeah....the Law is out to get trump.....all he has to do is follow it instead of changing it from the Oval Orafice by regal decree!!!!!!
And you just keep swallowing because that is reflex you do instinctively because you are too stupid to think on your own or find a job!!!!!!! Asshole
This so called "plea" has a fatal flaw from.the Government side.
It was coerced.
Biden personally requested Lt Gen Flynn be unmasked.
The form that Biden filled out and Singed has to give legal cause.
The Montezuma County Coroner’s Office is disputing the state’s claim of a third fatal case of the coronavirus in Cortez, saying the person died of alcohol poisoning.
County Coroner George Deavers said the person tested positive for COVID-19, but an investigation by him and the pathologist determined the cause of death was ethanol toxicity. The person’s blood-alcohol content was 0.55, or almost seven times the legal driving limit of 0.08 in Colorado, Deavers said. A BAC of 0.3 is considered lethal.
“COVID was not listed on the death certificate as the cause of death. I disagree with the state for listing it as a COVID death, and will be discussing it with them this week,” he said Tuesday.
Deavers said non-natural fatal events, such an accident or an overdose, take precedence as the cause of death over natural events such as COVID-19. He did not provide the name of the deceased person who tested positive for COVID-19.
According to the Colorado Department of Health and Environment, Montezuma County had 25 confirmed positives and three COVID-19 deaths as of Tuesday.
The Montezuma County Public Health Department continues to report two COVID-19 deaths. On Monday, the department listed two COVID-caused deaths and a third that was not caused by the disease even though the disease was present.
https://durangoherald.com/articles/324539
So obama is adding most corrupt, criminal administration in history to his already impressive legacy of allowing grown men I to bathrooms with 13 year old girls, making school lunched inedible, healthcare unaffordable, police officers hated, and shitty temp and part time jobs the new normal.
balls said...
So obama is adding most corrupt, criminal administration in history
BWAAAAAAAAA!!!!!!! Trump wins over another brainless idiot!!!!!!!! Funny you have no care that grown men pay hundreds of thousands of dollars to get laid and make up BS about 13 year old girls......God you are a stupid fuck.....Lives mean nothing to you, only sucking trumps dick makes you happy!!!! Must be the water in Upstate NY that makes you dumb!!!!
Blogger KansasDemocrat said...
Biden personally requested Lt Gen Flynn be unmasked.
BWAAAAAAPAAAAAA!!!!!!! And trump hired him anyway!!!!!!!!
ansasDemocrat said...
You need a link to common knowledge.
If it is soooo common....it should be a snap for you to post, goat fucker!!!!!!! BWAAAAAAAAAAA!!!! Now run away and hide in your mommy's basement.....asshole
Nonsense and cursing , no message from Fat Bottom Girl Denise.
Now that Fat Bottom Girl Denise agreed Biden did ask to unmasked Flynn, surely Joe should have remembered, but he didn't.
Still no link from the goat fucking moron trump dick sucker....only more excuses which preclude him from proving his point again, only pointing that he is a lying sack of shit sitting behind mommy's dress in mommy's basement!!!!!! Yep, I win again!!!!
I am not going to provide you a link.
Of course you aren't goat fucker.....because you lied and don't have one......I WIN AGAIN by proving you to be full of shit once again.....Your mother must be proud she raised such an idiotic leach BWAAAAAAPAAAAAA!!!!! My goodness, this is more fun than getting laid!!!!!!
What was your involvement in the investigation of Michael Flynn and the FBI investigation of Michael Flynn?" O'Donnell asked.
"I was never a part or had any knowledge of any criminal investigation into Flynn while I was in office. Period. Not one single time," Biden
Oppsie Daisy.
Biden Holds Lead In Florida
May 15, 2020 at 10:05 am EDT By Taegan Goddard
A new Florida Atlantic University poll in Florida finds Joe Biden leading Donald Trump in the presidential race, 53% to 47%.
__________
World Looks On In Horror as Trump Flails
May 15, 2020 at 10:00 am EDT By Taegan Goddard
“The Trump administration has repeatedly claimed that the US is ‘leading the world’ with its response to the pandemic, but it does not seem to be going in any direction the world wants to follow,” The Guardian reports.
“Across Europe, Asia, Africa and Latin America, views of the US handling of the coronavirus crisis are uniformly negative and range from horror through derision to sympathy. Donald Trump’s musings from the White House briefing room, particularly his thoughts on injecting disinfectant, have drawn the attention of the planet.”
__________
Rich Neighborhoods Emptied Out In New York City
May 15, 2020 at 9:46 am EDT By Taegan Goddard
New York Times: “Hundreds of thousands of New York City residents, in particular those from the city’s wealthiest neighborhoods, left as the coronavirus pandemic hit, an analysis of multiple sources of aggregated smartphone location data has found.”
“Roughly 5 percent of residents — or about 420,000 people — left the city between March 1 and May 1. In the city’s very wealthiest blocks, in neighborhoods like the Upper East Side, the West Village, SoHo and Brooklyn Heights, residential population decreased by 40 percent or more, while the rest of the city saw comparably modest changes.”
________
Retail Sales Dropped Sharply
May 15, 2020 at 9:37 am EDT By Taegan Goddard
Retail sales plunged 16.4% in April, a record drop and another reflection of how severely the coronavirus pandemic continues to stifle the U.S. economy, the Washington Post reports.
__________
What 74 Ex-Biden Staffers Think About Tara Reade
May 15, 2020 at 9:29 am EDT By Taegan Goddard
The PBS NewsHour “spoke with 74 former Biden staffers, of whom 62 were women, in order to get a broader picture of his behavior toward women over the course of his career, how they see the new allegation, and whether there was evidence of a larger pattern.
“None of the people interviewed said that they had experienced sexual harassment, assault or misconduct by Biden. All said they never heard any rumors or allegations of Biden engaging in sexual misconduct, until the recent assault allegation made by Tara Reade.”
__________
Hackers Claim They Have ‘Dirty Laundry’ on Trump
May 15, 2020 at 9:19 am EDT By Taegan Goddard
PAGE SIX: “The ransom demand for the secret files of a cyber-attacked lawyer to A-list stars has doubled to $42 million — as the hackers now threaten to reveal ‘dirty laundry’ on President Trump in just a week if they are not paid in full.
“Hacking group REvil got into his firm’s server and stole 756 gigabytes of confidential documents, including contracts and personal emails from a host of Hollywood and music stars. They also deleted or encrypted the firm’s backups. The only way they can be decrypted is to pay the criminals for a key.”
Most Going to Work Fear Exposing Their Households
May 15, 2020 at 9:01 am EDT By Taegan Goddard
A Washington Post-Ipsos poll found that nearly 6 in 10 Americans who are working outside their homes were concerned that they could be exposed to the virus at work and infect other members of their household.
Those concerns were even higher for some: Roughly 7 in 10 black and Hispanic workers said they were worried about getting a household member sick if they are exposed at work.
_________
Both Georgia Senate Seats In Play
May 15, 2020 at 8:47 am EDT By Taegan Goddard
Cook Political Report: “Perdue still holds the advantage, but it is now a more competitive picture, and Georgia as a whole is a better opportunity than the other contests we have in Likely Republican, including Kentucky, Texas and South Carolina. So we are moving this contest from Likely to Lean Republican, meaning both of the Peach State’s Senate seats are very much in play this year, though Republicans still retain the advantage.”
________
Does Donald Trump Want to Be Re-Elected?
May 15, 2020 at 8:34 am EDT By Taegan Goddard
Jonathan Bernstein: “It’s becoming more and more obvious that President Donald Trump has simply stopped dealing with the coronavirus pandemic, and has no particular plan for confronting its economic fallout either. In both cases, he’s pretty much substituted wishful thinking for action… My basic sense is that Trump isn’t nearly concerned enough with winning re-election, and that the current catastrophe is in part a consequence of that… Trump simply isn’t finding this aspect of the presidency very much fun.
“A politician who desperately wanted re-election would’ve been hard at work, from the moment he or she was alerted to the danger, attempting to contain the pandemic and limit the economic damage, and would persevere no matter what the setbacks, never wavering in an effort to produce the policy results that might lead to a big win in November. Such presidents might sacrifice the long term for the short term, as Lyndon Johnson did in goosing the economy in 1964, or Richard Nixon did in 1972. But they would never just give up when things went wrong.
“That’s not this president. That’s not Donald Trump.”
__________
The Radicalization of the Right
May 15, 2020 at 8:21 am EDT By Taegan Goddard
Brian Stelter: “I usually come up short when I reach for words to describe the radicalization of the far right in America. This short video conveys it like no words can.”
Kevin Vesey, a reporter for News 12 Long Island, shot the video and followed up by saying: “I’ll probably never forget what happened today. I was insulted. I was berated. I was practically chased by people who refused to wear masks in the middle of a pandemic. All the while, I was there to tell THEIR story.”
___________
Biden Would Not Pardon Trump
May 15, 2020 at 7:40 am EDT By Taegan Goddard
Joe Biden said that he would not pardon President Trump if elected and insisted any prosecutorial decisions would be left to a more independent Justice Department, NBC News reports.
___________
Medical Journal Calls for Trump to Be Replaced
May 15, 2020 at 7:38 am EDT By Taegan Goddard
Lancet, one of the world’s oldest and best-known medical journals, accused President Trump of injecting partisan politics into his response to the coronavirus pandemic and suggests that a change is in order in the White House.
“Americans must put a president in the White House come January, 2021, who will understand that public health should not be guided by partisan politics.”
The goat fucker admits defeat with this stupidity !!!!
Blogger KansasDemocrat said...
What was your involvement in the investigation of Michael Flynn
*** NOTICE OF CONSTANT SPAMMING and USE OF TAEGAN GODDARD's POLITICAL_LIRE ***
Regular readers of this blog know the constant spamming, lying and obsession for that left-wing Taegan Goddard blog by a certain poster. That poster james, also called the "pastor" (which he claims to be even if you can't tell by his actions) is the POS responsible and considers his mindless rude behavior his hobby. Sometimes he credits Taegan Goddard, sometimes he doesn't.
He has descended so far into TDS and desperation he fills every discussion thread with what people have described as an avalanche of spam. If this is being posted today is no different. He even gets his edited news from that site and spams that if he thinks it will hurt Trump. Every day he repeats what that site posts, regardless of topic. It gets so bad he feels the need to even repeat his spam multiple times in a single thread as well as posting in every active thread the very same spam.
He has exhibited the same mental deterioration as Joe Biden and his postings should be given the same consideration. Both their heads will probably explode when it becomes obvious that Trump will win a second term. Biden will not even notice his head did.
I'm JAMES'S FUCKING DADDY and I APPROVE OF THIS MESSAGE
Obamagate is Trump's
Attempt to incarcerate
President Obama!
Excellent dude, surfs up
Obamagate is Trump's Attempt to incarcerate President Obama!
That's your nightmare isn't it? Don't worry, the worst thing that can happen to Obama is house arrest. His secret service protection will become his guards.
He will already go down in history as the most corrupt, authoritarian president ever.
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