Not crazy. They ordered him to respond to Flynn's petition citing the Fokker Services case, as well as the 48(a) arguments, which were probably Flynn's strongest arguments of the ones presented in the petition. They also invited the DOJ to file a response as well. |
Rao is one of the adjudicating attorneys. She really should recuse. |
Cite the parts of the article. |
No, it's really crazy. The Fokker case may arguably be distinguishable. But even if it's controlling (even if the dicta is controlling), there are still too many outstanding issues that haven't been resolved. And if Sullivan loses, is he going to ask for en banc rehearing? Amazing. And all because the DOJ went sideways and is acting as the arm of the president. Wonder if Sullivan will come out and say that. |
Amazing. And all because the FBI and the SC went sideways and were acting as the arm of the former president. Fixed it for you. |
Obamgate!!! |
DP. No --it was one source. They were at a dinner together and the story was planted by Steele. That was McCain's source. It has now come out that the FBI offered to pay Steele for dirt on Flynn. |
Amicus briefs are not allowed in criminal cases. Period. |
The criminal case is over. Only sentencing is left. Flynn's motion to withdraw his guilty plea hasn't been picked up yet. As of now, he is still guilty. |
Why? |
Isn't this the same thing that happened in the Ted Stevens case? Stevens tried. Stevens convicted. It is discovered that exculpatory evidence was withheld. AG Holder requests dismissal of charges, after conviction. Judge grants dismissal. |
No. There's no withheld exculpatory evidence here. The motion to withdraw the charges says that the lie wasn't material. But earlier the government said it was and the judge found it was. DOJ didn't put in any effort to change the judge's mind. Lazy. |
They still made arguments regarding the withholding of exculpatory material and the relevance of that to his plea. Either way, the sequence is the same...it is not unheard of for the government to ask for dismissal after conviction. |