The Justice Department dropped its case against former national security adviser Michael Flynn

Two words - materiality. There was none of that.

And yes, the system is broken, for that I thank Obama. We’re fixing it, and will make it great again.

 

Probably no, not if I’m one hundred and two, terminally ill with one month to go, single and have no heirs. Otherwise, I’d never say never.

 

The judge has not yet signed the order dismissing the case, and he might not, in which case Flynn could be sentenced and then either be pardoned or file a collateral attack on the sentence. I don't know if he can appeal, which is not exactly the same. That depends in whether he waived appeal as part of his plea agreement.

"Dropping" is not a legal term. It's a shorthand colloquialism that has been picked up by an insane press corps.

 

"Clear" is another street term, like "drop". I haven't been cleared of the Jimmy Hoffa murder, and I never will be.

So, no, I don't reckon Flynn (or any of us) "is clear of any breach of the Logan Act."

Do you have specific reason to reckon that he will be charged with that? If not, you're trolling again.

 

I could not agree more with you. Been on this site too many years and debate has taken several steps backwards. It’s really sad and has absolutely reduced the amount of time I spend on sites such as this.

 

I do wonder whether I have my own blind spots. I think what is happening is that some of us are more wired to value custom, order and tradition, and others to value equality and "progress" (meaning a leveling of existing hierarchies).

Once you fall into one camp or the other, everything flows from there. It's a spectrum of course. Some of us are balls to the wall reactionary conservative, others are almost revolutionarily radical. But most people favor certain elements of both schools.

The most mysterious thing is, why are some of us wired one way and others, the other way?

 

Glad all the evidence was finally brought to light and Flynn has been fully exonerated from the mueller hoax

 

Well either Flynn is a bloody Liar or the FBI is. The FBI briefed Congress that there wasn’t no there there and that Flynn did not lie. Then Mueller came along and charged Flynn with lying and the agents original 302 went missing.

 

I am uneasy. This judge may decline to grant t the motion either out of spite, ill will toward Flynn, toward Barr, toward Trump, or because he honestly does not agree that Flynn's lie (if that's even what happened) was not material.

 

A 302 is a written record by an agent of what he observed in a stakeout or heard in an interview. It is not argumentative. A FISA application will presumably track a 302, but it goes further and says "we need to tap this guy's phone because blah blah."

 

Is my understanding, too. So, if 302 is defective, so will the FISA decision be too.

 

I'm confused...

 

The judge may request the DOJ to explain their position and about the only thing he can do is reverse the ‘with prejudice’ meaning he could be prosecuted again.

 

Why can't the judge just deny the motion altogether?

 

There would be no prosecution to prosecute.

 

But he's already pleaded guilty. All that is left is sentencing. If the motion to dismiss is denied, the case is alive, and the judge can schedule a sentencing hearing and impose sentence even over the DOJ's objection. Flynn could appeal, of course, unless he waived appeal in his plea agreement, and I am pretty sure he did.

He would still have one more legal maneuver he could try, namely, a writ of habeas corpus, and if THAT fails, Trump will just have to pardon him.

 

Sentencing has not happened due to more discovery. More discovery led the prosecution to drop the case thus there is no case to sentence. The only thing the judge can do is determine the merit of dropping it with prejudice.

The judge ‘presides’ over the case. If the prosecution drops the case there is no case to preside over.

 

They are when used to ask FISA court for a warrant to spy n US citizens.

 

I wish I could agree. The judge is controlling the case at this point. That's why the DOJ had to file a motion. The motion is requesting dismissal, not dismissing the case.

Obviously I hope the judge grants the motion, but if he does not, he has a presentence report and sentencing memos from both sides.

 

Historically the reason a judge might not drop a case for the DOJ is if the judge determines that the case is being dropped to use as harassment by bringing it again later.

 

what loving caring husband or father you are or would be
so your saying you wouldnt plead to a minor charge even if your innocent to keep your wife or children from being prosecuted?

 

Well, I guess we'll know soon enough. Fingers crossed.

 

Yes. Will be interesting.

 

No, my vacation.

 

Yes, I would not plead guilty, if they were innocent. (And we would all win.) While I have your attention......how do you know that it was not Flynn who demanded that the prosecution of his Son be dropped as a condition of his plea bargain?