Remember when I said Mike Flynn was maneuvering to rescind his guilty plea?

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Not sure that will happen, but how else to explain this ongoing saga?


Prosecutors call for Flynn sentencing amid impasse with defense attorneys

'The defendant's cooperation has ended,' prosecutors said in a filing.


Prosecutors said Friday they're prepared for former national security adviser Michael Flynn to be sentenced as soon as October, nearly two years after he pleaded guilty to lying to the FBI about his contacts with Russia's ambassador to the United States.


"The defendant’s cooperation has ended. The case is ready for sentencing, and the government proposes the following dates for a sentencing hearing: October 21-23, 2019, or November 1-15, 2019," prosecutors wrote in a filing to the judge in Flynn's case, Emmet Sullivan. "The government is not aware of any issues that require the Court’s resolution prior to sentencing."


But the push to close Flynn's case prompted the former Trump aide's legal team to erupt, charging in a subsequent court filing that prosecutors — including those central to special counsel Robert Mueller's investigation of Russian interference in the 2016 election — had acted maliciously toward Flynn and withheld evidence.


The 19-page filing is the first direct push by Flynn to accuse prosecutors of targeting him for political reasons and breaking the rules to go after him.


In the filing, Flynn's lawyers hearkened to the botched prosecution of former Alaska Sen. Ted Stevens — a case in which the same judge, Sullivan, found prosecutorial misconduct and excoriated federal attorney for their actions. Flynn's team, aware of Sullivan's history in this case, argued that Mueller's prosecutors "engaged in even more malevolent conduct in the prosecution of Mr. Flynn."


"They continued to hide that exculpatory information for months—in direct contravention of this Court’s Order—and they continue to suppress exculpatory information to this day," Flynn's attorneys argued.

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Just now, Gotcow? said:


Orange man still bad.     :p

but you remember I said that?


I need a little pat on the back....

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44 mins ago, tomkaz said:

but you remember I said that?


I need a little pat on the back....

Move this shyte to the "Style Forum!"

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37 mins ago, ken r said:

If you can get Dude to acknowledge, you own this forum. :read:

It is one thing to have anyone agree that I said it, quite another to acknowledge I might be right. 

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On 2/3/2018 at 11:46 PM, tomkaz said:

Know much about the law? No man is forced to take a prior guilty plea if they don’t want to before sentencing. It is reversible as an accused cannot be forced to go to jail without pleading guilty or being found guilty via a trail. 


Standard practice is that a guilty plea requires an elocution at the sentencing, an acknowledgement of the guilt. Presiding judge will demand it and must hear it from the accused. Thus, guilty pleas can be rescinded by the defendant. That forces one of two things:


Either a trial date is set and discovery begins 




Charges are dropped. 


So let’s see, how does this play out? Oh, yeah, only evidence now appears to be the witness testimony of Strzok since the only crime alleged is the claim of lying. Lacking a corroborating witness, a tape record or stenographer, Strzok has to take the stand as he is the prosecution's only witness and only evidence. Flynn's attorney gets to cross examine and will likely have the latitude to get to Strzok's mental state toward the witness. "Mr. Strzok, can you tell us why you were removed from the Special Counsel's team and assigned to the Personnel Office at the FBI?" Defense attorney gets to introduce what is in the public domain, specifically Strzok's text messages. Maybe they get to subpoena request from DOJ and FBI all texts and emails that mention Flynn, ALL of them. 


But I don’t think it gets that far. In a he said, he said, the general will beat the tainted ideologue senior FBI agent most days. Worst, the FBI won’t want more emails and text messages entered into a public record. 


Charges withdrawn, Flynn walks. 


But it what do I know? Apparently nothing according to patchy. 


On 2/16/2018 at 3:34 PM, tomkaz said:

I read that as well. He will ask the judge to vacate his plea and then prosecutors will face prospect of going to trial or dropping charges. 


if it turns out the 402s were altered by FBI agents, that would be another nail in the FBI management’s coffin. 


On 6/6/2019 at 1:23 PM, tomkaz said:

He’s already retained new counsel, so how is this a money-saving thing? 


Flynn family members have been active this week arguing that he should fight the Mueller charges and withdraw his plea. The argument being that the prosecutors are refusing to comply with the a judge’s order to release publicly the transcripts of Flynn’s conversations with Kislyak during the transition. Why would the prosecution block this coming out if Flynn had already plead guilty? 


Legal experts will argue that this is a dumb move, that the plea deal was generous and that a repudiation will drop a ton of chit on him anew. Flynn is no dummy, he must know this. 


My bet, Flynn is betting that a pardon is coming and does not want to be convicted on a guilty plea ahead of a pardon. And the pardon will come when Trump can discuss evidence that the entire affair was a creation of the Obama officials against him. 


Makes one wonder, what else regarding Flynn might be coming up in the various investigations? 


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He should. But as I have said all along the damage has been done financially to this man and others. He’s been fighting a corrupt Special Counsel with unlimited resources and power for two years and he’s broke. He plead to something he didn’t do to stop the bleeding. 


And Team Stevie Wonder saw nothing wrong with it. 

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