SavannahMann
Platinum Member
- Nov 16, 2016
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I have written my opinion before. It is simple. The Federal Agents, and DOJ were caught violating the Brady Rule, and misleading the Court on the evidence. These violations are very common. I mentioned at the time that it was routine even. However, that routine violation, does not make it right.
The DOJ was caught literally red handed. It tainted the case, and made prosecution risky, especially with the probability that Flynn would be found Not Guilty. There are a number of precedents to this type of action. The Judge may order the Defendant released dismissing all charges. The judge may suppress the evidence, favorable to the Prosecution.
An example. Let’s say there was a Bank Robbery. The Bank Cameras did not catch the face of the robber, nor the license of the car driven away. However a woman’s street camera did. The woman is out of town, and instead of getting the video of the street camera via a Subpoena, the Police hacked the camera and got the information. This would be illegal. The Police use it to find the Robber. During the preliminary hearings this information is gotten out.
Now, there is no direct evidence obtained legally to tie the suspect to the crime. The Judge suppresses that evidence, and all the Police have left is that the guy had money when they searched, but the search was a result of the illegally obtained information. So that evidence is suppressed. The Prosecutor moves to dismiss the charges. He has no choice. He has no evidence to take to the Jury.
That is not exactly what happened in the Flynn Case. The warrants were gotten illegally, and the Defense was denied exculpatory information. That is a violation of what is known as the Brady Rule. The Supreme Court ruled that the Defense is entitled to all information pertaining to the case. Even if the Prosecutor does not intend to use it. If requested, the Prosecutor must also hand over the history of the agents involved, have they ever been caught providing false or misleading testimony.
So the way it normally plays out is that the Prosecutor when caught, just folds his cards, and walks away from the table. Normally these violations are routine, and they are handled routinely.
However, this time, it is different. Now, the routine violations are treated as though they don’t really matter. They happen all the time. So why should Flynn get a pass because of a routine matter, no different than speed limits that nobody obeys.
To me, the Outrage is the fact that such violations are routine.
Judge Sullivan asked a retired Judge to examine this, sort of a Judicial review of a Judicial act. All informal, and with no history of being done before. But here is the rub. A extraordinary act to decide if the routine violation of the Brady Law and misleading statements of the FBI were sufficient to drop the charges. This review determined that the violations were no big deal, the Judge should reject the motion to dismiss, and hold Flynn accountable for his earlier plea bargain deal. He lied during his plea bargain deal, so Perjury for him.
I have argued for a very long time that Civil Rights matter. The rights in the Constitution should be sacrosanct. They should be viewed one and all as sacred. They are written in plain English, thou shall not. Thou shall not do this, or that.
Now, it is Thou Shall Not, unless you don’t like this guy, or he is a political annoyance.
It is the Brady Rule that got Cliven Bundy off. You see, the Government is expected to follow the rules, and tell the truth. When they do not do that, the case against the accused goes away.
Arguing that allowing agents to provide false and misleading information and testimony to the Court is so routine that it is fine and dandy means we do not have a Justice System. We have essentially Mafia control of our Country. The laws don’t matter. The rules are irrelevant for those on the inside. The Made Men of the country.
The Republic is dying. It isn’t BLM or ANTIFA killing it. It isn’t the Deplorable's. It isn’t the Right Wing, or the Left. It is our own apathy, and determination to get them no matter what rules are broken. They are the enemy.
The DOJ was caught literally red handed. It tainted the case, and made prosecution risky, especially with the probability that Flynn would be found Not Guilty. There are a number of precedents to this type of action. The Judge may order the Defendant released dismissing all charges. The judge may suppress the evidence, favorable to the Prosecution.
An example. Let’s say there was a Bank Robbery. The Bank Cameras did not catch the face of the robber, nor the license of the car driven away. However a woman’s street camera did. The woman is out of town, and instead of getting the video of the street camera via a Subpoena, the Police hacked the camera and got the information. This would be illegal. The Police use it to find the Robber. During the preliminary hearings this information is gotten out.
Now, there is no direct evidence obtained legally to tie the suspect to the crime. The Judge suppresses that evidence, and all the Police have left is that the guy had money when they searched, but the search was a result of the illegally obtained information. So that evidence is suppressed. The Prosecutor moves to dismiss the charges. He has no choice. He has no evidence to take to the Jury.
That is not exactly what happened in the Flynn Case. The warrants were gotten illegally, and the Defense was denied exculpatory information. That is a violation of what is known as the Brady Rule. The Supreme Court ruled that the Defense is entitled to all information pertaining to the case. Even if the Prosecutor does not intend to use it. If requested, the Prosecutor must also hand over the history of the agents involved, have they ever been caught providing false or misleading testimony.
So the way it normally plays out is that the Prosecutor when caught, just folds his cards, and walks away from the table. Normally these violations are routine, and they are handled routinely.
However, this time, it is different. Now, the routine violations are treated as though they don’t really matter. They happen all the time. So why should Flynn get a pass because of a routine matter, no different than speed limits that nobody obeys.
To me, the Outrage is the fact that such violations are routine.
Judge Sullivan asked a retired Judge to examine this, sort of a Judicial review of a Judicial act. All informal, and with no history of being done before. But here is the rub. A extraordinary act to decide if the routine violation of the Brady Law and misleading statements of the FBI were sufficient to drop the charges. This review determined that the violations were no big deal, the Judge should reject the motion to dismiss, and hold Flynn accountable for his earlier plea bargain deal. He lied during his plea bargain deal, so Perjury for him.
Ex-judge says push to dismiss Flynn case is abuse of power
A former federal judge appointed to review the Justice Department's motion to dismiss criminal charges against President Donald Trump's former national security adviser Michael Flynn said there was evidence of a "gross abuse" of prosecutorial power and that the request should be denied.
www.startribune.com
I have argued for a very long time that Civil Rights matter. The rights in the Constitution should be sacrosanct. They should be viewed one and all as sacred. They are written in plain English, thou shall not. Thou shall not do this, or that.
Now, it is Thou Shall Not, unless you don’t like this guy, or he is a political annoyance.
It is the Brady Rule that got Cliven Bundy off. You see, the Government is expected to follow the rules, and tell the truth. When they do not do that, the case against the accused goes away.
Arguing that allowing agents to provide false and misleading information and testimony to the Court is so routine that it is fine and dandy means we do not have a Justice System. We have essentially Mafia control of our Country. The laws don’t matter. The rules are irrelevant for those on the inside. The Made Men of the country.
The Republic is dying. It isn’t BLM or ANTIFA killing it. It isn’t the Deplorable's. It isn’t the Right Wing, or the Left. It is our own apathy, and determination to get them no matter what rules are broken. They are the enemy.