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Yo_Mama_Been_Loggin

(108,010 posts)
Tue Aug 11, 2020, 01:55 PM Aug 2020

Barr Has Secret Reasons for Dismissing Michael Flynn Case

Acting Solicitor General Tells Full D.C. Circuit

During oral arguments before all active judges sitting on the U.S. Court of Appeals for the D.C. Circuit on Tuesday, Acting U.S. Solicitor General Jeffrey Wall raised several interesting points about the involvement of Attorney General William Barr in the trajectory of the government’s prosecution of former National Security Advisor Michael Flynn.

Wall said Barr was directly involved with the case and had secret reasons for seeking the case’s dismissal. Wall argued that the judiciary cannot probe the government’s reasons to seek the dismissal of the Flynn case; he even wildly argued (in response to a hypothetical) that the judiciary would be forced under the law to dismiss a case where direct evidence proved a prosecutor had been bribed by a defendant to seek the case’s dismissal.

The legal issue is whether U.S. District Judge Emmet Sullivan, who is overseeing the Flynn case, can be forced to dismiss the case without a hearing to probe the government’s sudden about-face as to Flynn. Flynn pleaded guilty and was poised to be sentenced. Flynn shockingly moved to withdraw his plea; the government even more shockingly moved to dismiss the case.

Judge David S. Tatel (a Bill Clinton appointee) asked Wall just how far Judge Sullivan could dig into the government’s rationale for asking to toss the case under Rule 48(a) of the Federal Rules of Criminal Procedure. Tatel cited other court matters (such as Batson hearings involving race-based decisions to strike jurors) which allow judges to probe the thinking of prosecutors. Judge Merrick Garland (another Clinton appointee) pushed further.

https://www.msn.com/en-us/news/crime/acting-solicitor-general-tells-full-d-c-circuit-that-barr-has-secret-reasons-for-dismissing-michael-flynn-case/ar-BB17PumK?li=BBnbcA1&ocid=hplocalnews

What a fucking idiot.
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Barr Has Secret Reasons for Dismissing Michael Flynn Case (Original Post) Yo_Mama_Been_Loggin Aug 2020 OP
Is this like Double Secret Probation leftieNanner Aug 2020 #1
If you can't tell it to the judge, it simply doesn't matter. C_U_L8R Aug 2020 #2
About time for a Wellstone ruled Aug 2020 #3
We can't tell you why but trust us, it's a really great reason so you should let him off. Kablooie Aug 2020 #4
Cuz....reasons soothsayer Aug 2020 #5
Not really true FBaggins Aug 2020 #6
Barr was in McConnell's office today. Grasswire2 Aug 2020 #7
I wonder too. 2naSalit Aug 2020 #8
:sniff: I smell... something. Does anyone else smell that? nt crickets Aug 2020 #9

FBaggins

(26,744 posts)
6. Not really true
Tue Aug 11, 2020, 02:54 PM
Aug 2020

Garland asked a hypothetical about whether the executive branch even needed to provide their rationale to the court. Wall replied that they didn't have to... but had given some reasoning in this case. He then said that it may be possible that the AG had important information that could not be shared with the court. That the executive branch could have more information than what was included for the judge. Garland accepted that and said essentially "why not just tell him that you won't share that?"

It's a big leap to take that as "AG had secret reasons for dismissal"

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