Absolutely Nuts – Court Appointed Amicus Prosecutor Requests: Briefing Schedule, Oral Arguments and Possible Witness Fact-Finding, in Flynn Case…

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This is so far outside the bounds of traditional judicial activity it is unprecedented.  In the case against Michael Flynn the court appointed amicus curiae, essentially a court appointed outside lawyer enlisted to prosecute the case despite the DOJ withdrawal motion, John Gleeson has now filed a motion requesting: (1) a briefing schedule, (2) oral arguments; and (3) the possibility of interviewing witnesses.



Within Mr. Gleeson’s motion (link here) he will file his amicus brief on June 10th, and asks Judge Sullivan to set up a briefing schedule and allow him to make oral arguments.

 

 

Why would John Gleeson get the chance for a hearing to make an oral argument within the court, yet Flynn’s defense team couldn’t get a hearing scheduled on his original motion to withdraw his plea?  This is ridiculous.

In the traditional sense, to the extent that traditional applications can be considered in this bizarre situation, the amicus would present a written briefing to the court for the judge to consider; and that’s it.   However, Mr. Gleeson appears to be requesting his amicus status to be elevated to the position of intervening authority where he replaces the prosecution.

A request for a briefing schedule?  The only purpose of Judge Sullivan allowing a briefing schedule would be to drag this case out as long as possible.  Perhaps that is the goal; we shall see in his decision on this ridiculous request.

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The Constitution, law and justice mean absolutely nothing to Democrats. NOTHING.

It appears now that joseph robinette biden made a phone call on March 22, 2016 to the president of the Ukraine demanding he fire Shokin, the prosecutor looking into the corruption of his son and Burisma. The last time biden was in Ukraine was December 2015. The evidence is about to come out that biden called on the 22nd and the prosecutor was fired on March 31, 2016. And the billion dollar aid was on hold unless poreshenko fires shokin

Flynn did not lie about sanctions. He was never asked about sanctions in the January 24th entrapment by the fbi.

In the case against Michael Flynn the court appointed amicus curiae, essentially a court appointed outside lawyer enlisted to prosecute the case despite the DOJ withdrawal motion, John Gleeson has now filed a motion requesting: (1) a briefing schedule, (2) oral arguments; and (3) the possibility of interviewing witnesses.

Horse hockey. There’s nothing the least bit irregular—or even unusual—about a judge allowing the submission of amicus curiae briefs. “A court appointed outside lawyer enlisted to prosecute the case” is a deliberate distortion.

The unusual and irregular thing here is the DoJ’s action, which calls into question the rule of law. The judge has every reason to allow arguments regarding that to be submitted for consideration. Refusing them would result in an even more worrying and convincing appearance of serious irregularity.

Amicus Curiae

Latin for “friend of the court.” Plural is “amici curiae.” Frequently, a person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision. Such briefs are called “amicus briefs.”

Rule 37 of the Rules of the Supreme Court of the United States dictates the content, format, and circumstances of amicus briefs before the U.S. Supreme Court. Rule 29* of the Federal Rules of Appellate Procedure governs amici curiae in federal courts in general. State rules of civil and appellate procedure govern amici curiae in state cases. In addition to advocating for an outcome through briefs, amici curiae sometimes participate in oral arguments before an appellate court.

* LII Federal Rules of Appellate Procedure Rule 29. Brief of an Amicus Curiae

The left wing hack judge is violating rule 48.

@July 4th American, #5:

…not to mention Catch 22 and the 13-Ounce Rule of the U.S. Postal Service…

Nevertheless, it appears the Flynn case will not be made to magically disappear without leaving behind a public record of questions about the magic.

@Greg: Well, nothing unusual for Democrats. They never allow laws or the Constitution to impede their anti-American activities.

@Greg:

I understand you fancy yourself a legal expert, so perhaps you could provide me with case law that addresses what Judge Sullivan is doing; allowing amicus curiae in a case where the prosecution has dropped the charges, while having refused amicus curiae for the defense? I’m sure you have a similar case right at the tip of your fingers.

Do you think that Judge Sullivan, once the charging authority (the DOJ) has dropped the charges, has the authority to appoint another prosecutor on his own?

@retire05: Democrats make no pretense to honoring justice. They see to relish insulting the justice system whenever possible.

@retire05: @Deplorable Me: One thing the liberals always forget that unintended consequences are a bitch. Judge Sullivan may open the door for more testimony than the left wants. Dunn and Barr may not need to depose all of the Obama gate individuals. They may get on record in Sullivan’s court under oath.

@Randy: If he allows a defense. We’ve seen how far they will go to suppress justice.

Susan rice knew
Mike Flynn knew
Susan rice knew mike Flynn knew

@retire05, #8:

I understand you fancy yourself a legal expert, so perhaps you could provide me with case law that addresses what Judge Sullivan is doing; allowing amicus curiae in a case where the prosecution has dropped the charges, while having refused amicus curiae for the defense?

You understand nothing.

It’s the judge’s courtroom, not William Barr’s. The judge is presiding over the case, not William Barr. The accuracy of the charges was sworn to under oath and penalty of perjury in that courtroom, and a guilty plea was formally submitted and accepted. The case has long since moved on to the sentencing stage. It’s too damn late to simply “drop charges”, as though none of the foregoing ever happened. At the very least, the defendant knowingly lied to the court while under oath, and deliberately deceived the FBI concerning his intention to be a truthful and cooperative witness in an investigation involving a matter of national security. In all probability, he was guilty of a lot more than that.

And now the effing Trump administration and its assorted flunkies and servile tools are attacking Judge Sullivan because he won’t play along. Flynn’s lawyers are attempting to jump over Sullivan by requesting dismissal from the D.C. Circuit Court of Appeals:

“An innocent man has been the target of a vendetta by politically motivated officials at the highest level of the FBI,” the filing reads. “The egregious Government misconduct, and the three-year abuse of General Flynn and his family, cry out for ending this ordeal immediately and permanently. The district judge’s orders reveal his plan to continue the case indefinitely, rubbing salt in General Flynn’s open wound from the Government’s misconduct and threatening him with criminal contempt.”

If the request in that bullshit petition were to be granted, it would represent an implied judgement by the Appeals Court that the claims about the FBI and “egregious Government misconduct” are true, without any legal finding ever having been made in any courtroom that this is actually the case. Essentially they’d be endorsing Trump’s whole bat-shit-crazy Obamagate conspiracy theory—not only saving Trump the trouble of signing the pardon he no doubt has ready to hand to Flynn, but also giving him a weapon to wield in the 2020 presidential race, complete with a judicial-system Seal of Approval.

@Greg: Just watch greggie the Rock. The case has been made according to the law. Watch and learn. I do not argue anymore with rocks. Those who believe in sedition will fail in this country when corrupt officials are revealed. Every day, more evidence is revealed!!

@Greg:

It’s the judge’s courtroom, not William Barr’s. The judge is presiding over the case, not William Barr.

This is true. But give me stari decisis on Judge Sullivan’s actions. You can’t. The judge, in any case, is to not be an advocate for either the prosecution or defense but to make sure that the rules of juris prudence are upheld.

At the very least, the defendant knowingly lied to the court while under oath,

What you are saying is that a judge, in a criminal trial which this is, can refuse to accept a change of plea even if the prosecution (prosecuting attorney for city/county, state Attorney General or Attorney General of the U.S. who are the only people that can bring criminal charges against someone) drops the case. Again, Comrade Greggie, if that is your contention, provide case law where a prosecuting attorney had dropped a case and a sitting judge appoints an outside interest to act as prosecuting attorney. Show me where a judge has the right of prosecution. It is proper for Sidney Powell to ask the higher court for a writ of mandamus.

I asked you for case law. You gave me your b/s opinion which again, is worth less than a pound of pond scum. According to your opinion, if a person pleads innocent and is then found guilty, the defendant can be charged, by the judge, for perjury. Talk about bastardizing criminal law. That one takes the cake.

@retire05: greggie the rock is on his way to being wrong again. Maybe some day he will understand that rock between his ears does not work!

@Greg: The judge has to abide by the LAW. He doesn’t MAKE the law.

Defendants plead guilty when innocent but cannot make their case often, taking a lighter sentence. It happens. When you have the full force of a police state bound and determined to make you guilty or take your entire family down with you, it also happens.

The judge is abiding by the law. He has done nothing that isn’t in full accordance with the law.

@Greg: Hey greggie the rock, a judge can only “judge ” the case put before him by the prosecutor and the defense. If there is no case, he has nothing to judge. Pay attention greggie the rock. You may learn something. Oops, forgot, rocks can not learn either.

@retire05:

What you are saying is that a judge, in a criminal trial which this is, can refuse to accept a change of plea even if the prosecution (prosecuting attorney for city/county, state Attorney General or Attorney General of the U.S. who are the only people that can bring criminal charges against someone) drops the case.

He can accept the change of plea, in which case Flynn can then stand trial in court for perjury. The court record itself will contain sufficient evidence to prove that Flynn lied under oath. If he wants to contest that, they’ll have to release transcripts of the telephone calls to prove otherwise—that the charges were not accurate, as Flynn stated they were under oath.

Judge Sullivan isn’t putting up with this Trumpian bullshit. He’s not going to let his courtroom be used to simply sweep it all under the carpet with no record of what happened. I don’t know why anyone would think he should.

@Greg:

He can accept the change of plea, in which case Flynn can then stand trial in court for perjury.

And just exactly who do you think would bring perjury charges against him? Perjury is a criminal charge. Who has the authority to charge him with perjury? If you think the answer is Judge Sullivan, you have failed Criminal Law 101. Good luck getting a jury to read the love birds’ emails and having the jury decide that Flynn wasn’t set up by them.

Provide stari decisis for your opinion, Comrade Greggie.

@Randy:

a judge can only “judge ” the case put before him by the prosecutor and the defense.

Correct, and if the prosecuting attorney drops the case, there is nothing to “judge.”

Sullivan is violating the U.S. Constitution and the laws of juris prudence, hence, the writ of mandamus.

@retire05: Watch greggie the rock lose again. He must love losing.

@Randy:

All I asked Comrade Greggie for was case law showing his claim that Judge Sullivan is correct in his actions. I have asked more than once. You would think such a great legal mind as Comrade Greggie would have those cases at his fingertips.

But alas, he has moved on to another thread. That’s his m.o. when he has no answers. I’m surprised he hasn’t quoted, as he does so often, the Comey/Brennan cabal called Lawfare.

@retire05, #22:

Your opinion is irrelevant to the court. I guess you’re left with nothing to do but complain about it—which you will do incessantly.

@Greg: greggie the rock, don’t try to think. You could hurt yourself because rocks can not think. Just watch and see how wrong you are.

@retire05: Hell, I’ve asked dozens of times whatever happened to Schiff’s “mountain of evidence”, with no answer yet.

@Greg:

Your opinion is irrelevant to the court. I guess you’re left with nothing to do but complain about it—which you will do incessantly.

You’re projecting again, Comrade Greggie.

@Randy: @Deplorable Me:

Hell, I’ve asked dozens of times whatever happened to Schiff’s “mountain of evidence”, with no answer yet.

Well, you see, Comrade Greggie doesn’t have any facts himself. If he makes a comment, it is a compilation of the left wing sites he frequents, not because he is personally knowledgeable about the issue.

He continues to embarrass himself, but he seems to have no shame, so he runs off to another thread, only to wash, rinse, repeat.

Is Judge Emmet Sullivan’s collusion cameo nearing its end?

Today, the U.S. Court of Appeals for the D.C. Circuit, on its own motion, ordered Judge Sullivan to respond within ten days to the petition for a writ of mandamus filed by Michael Flynn. Earlier this week, Flynn’s counsel, Sidney Powell, filed the petition for that extraordinary writ, asking the appellate court to instruct Sullivan to grant the Justice Department’s motion to dismiss the case against Flynn.

That was after Judge Sullivan not only declined to grant the prosecution’s motion, but (a) invited non-parties to intervene in the case by filing amicus briefs (transparently, to make arguments that he somehow has authority to deny DOJ’s motion); and (b) appointed one amicus, former federal judge John Gleeson, as a quasi-prosecutor to make arguments that prosecutors are declining to make in favor of entering a judgment of conviction and sentencing Flynn.

As noted yesterday, Sullivan’s encouragement of amicus briefs, which are not authorized in criminal cases, flies in the face of Sullivan’s own very firm orders previously declining to permit amicus briefs in Flynn’s case — some two dozen times by Ms. Powell’s count.

@July 4th American: The Flynn case is about to be completed. If not at this court, then at the next stop, the Supreme Court. This case has become highly transparent despite the efforts of the MSN and the resisters both Democrats and Republicans. The proper procedures for implementing the law have been laid out by courts higher than Sullivan’s. To not follow that law when the whole US population believes that under the Obama administration there were two tiers of justice would jeopardize the careers and effectiveness of the judicial individuals and organizations clear up to and including the Supreme Court. Mueller and Company greatly underestimated the will of the people to understand what justice really is. All of us really want the laws that have been passed by our representatives to protect all of us, not just the elite.

The previously classified documents that are now becoming available are difficult to get one’s head around. The arrogance of so many people holding high, unelected and trusted positions in our government can conspire against innocent individuals and a dully elected government is appalling. They actually thought that they all could control our government and hide their crimes of sedition. They believed that we, the people, are too ignorant to understand and too sheep-like to hold them to compliance with the law. What they may have accomplished is awakening enough voters to destroy liberalism for many voting cycles and change the direction of our country. The Sullivan issue is only a beginning.

@Randy: Agreed. The entire obama eight years were froth with illegal spying and other constitutional violations of law. obama is without question the most corrupt president in the history of US Presidents and has become an embarrassment to the office.

At some point the left wing media will have to cover the abuses of the 8 years of obama otherwise what credibility they may have will be nil. It is applaudable the manner in which factual information is being released. Flynn is and has been a nemesis to obama because figuratively he does know where the dead bodies are. Flynn’s knowledge of the obama Iran plan would threaten to reveal that obama was not acting in the interests of America. The list of atrocities during the 8 years of obama as potus is alarming. Without question, obama was the head of the snake surrounded by like minded persons antithetical to this Country.