But more to the issue, the problem with Flynn's argument is that once he pled guilty, he was convicted and gave up any right to appeal his conviction. It's FINAL. That's how guilty pleas work. Flynn gives up rights, and the govt recommends a "lenient" sentence. Because Flynn hasn't been sentenced, he in theory at least could be allowed to withdraw his guilty plea.
He should be able to withdraw his plea. Especially when the prosecutors failed to turn over exculpatory evidence. They have basically admitted to doing so and have asked the Court to dismiss the case on that basis.
But Flynn or anyone else has to have a reason to be allowed to withdraw the plea. Flynn's basic reason is his lawyers didn't know that the FBI was not totally behind his being questioned in the first place. Personally, I agree the FBI should not have basically gone fishing for perjury. (See Bill Clinton above) But the problem is that Flynn cannot now say "oh I didn't lie." Remember how that worked out for Clinton.
So, you propose that they cannot/should not set a perjury trap, but if they do, and be pleads guilty, they have him in another perjury trap and he can either maintain his ill-gotten guilty plea, or be prosecuted for perjury FROM HIS ILL-GOTTEN GUILTY PLEA???
So I don't see how Judge Sullivan can just say "poof" and make it all go away. Not after the guilty plea. I think he can sentence Flynn to the absolute minimum under the federal sentencing guidelines and in a sentencing hearing he can express "outrage" a the FBI. And Trump can pardon him the day after the election.
Why not? Why can't the judge, who by all accounts, has no discretion to deny a joint or agreed motion to dismiss a criminal matter, do his ministerial non-discretionary duty and dismiss the case, like thousands of other judges have done for centuries?
Why is this case different? Because this is a big political battle and the judge is playing politics? I can't see any other reason for the judge's actions. He is acting as prosecutor now.
Name a party with standing in a criminal case who could object or appeal Sullivan's decision to grant the joint motion to dismiss? NOBODY!!!
That is, unless the judge INVITES people who have no standing to object, so he can give himself an excuse to deny it.
This REEKS of politics.
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