Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

kentuck

(111,508 posts)
Fri May 8, 2020, 08:16 AM May 2020

What do we know about this Judge that is going to rule on Flynn's case this Monday?

Do Barr and Trump already have an idea about how he will vote? Otherwise, why bring it up at this time?

I hope this Judge holds firm for the law and that it is appealed to the Supreme Court. It would be a landmark decision.

How much powers would they permit the Executive Branch to hold, as they are presumed to be an equal Branch, also?

Or would they just refuse to take it?

All the information, Mueller Report and all, need to be made public. The people need to know the facts of the matter.

The Court may decide that this Justice Department, with Bill Barr, has gone too far in putting the Three Branches out of balance, and that justice should run its course?

Or they may rule that the Attorney General has the final say on legal proceedings in process. He can stop them at any time and state that the defendant did not mean to plead "guilty".

Of course, we have to see what the Judge on Monday says about it.

31 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
What do we know about this Judge that is going to rule on Flynn's case this Monday? (Original Post) kentuck May 2020 OP
He's very independent; he was previously not able to hide his disgust for Flynn's crimes and he has hlthe2b May 2020 #1
In a flynn sentencing hearing, the word TREASON came up. [Not argued] empedocles May 2020 #4
What do you mean by "epidemic" word? kentuck May 2020 #5
Imho, 'treason', is unpredictably/epidemically powerful. In most of 1941 voters were empedocles May 2020 #17
And which judge is it.......... MyOwnPeace May 2020 #2
That was Judge Reggie Walton. I know both judges personally and they are old school. Solomon May 2020 #9
Thank you! MyOwnPeace May 2020 #19
Judge Sullivan told Flynn that he had betrayed his country, so unless they threaten him tblue37 May 2020 #3
trump seems to have been wary on the pardon power empedocles May 2020 #6
IF I were the judge I would kacekwl May 2020 #7
Meaningless to speculate! Barbara McCuaig said. on Rachel last night the judge "most likely Ninga May 2020 #8
I disagree with your sentiment. If the judge wants to stick with Solomon May 2020 #10
You know this how? It is the DOJ's case, it does not belong to the judge. If they want to withdraw Ninga May 2020 #11
How does it not belong to the Judge? kentuck May 2020 #12
Ok, explain to me what happens to the case when charges are dropped? The case belongs to the Ninga May 2020 #13
Not from what I have read, PRETZEL May 2020 #15
You are correct. The case is on the last page of the final chapter. LastDemocratInSC May 2020 #18
Yes. He has already been convicted but not yet sentenced. Solomon May 2020 #27
Nah, those rw fascist Russian Repugs at SCOTUS will definitely take the case and exonerate drumpf. lark May 2020 #14
welp, i dunno. but mopinko May 2020 #16
I love my DU peeps. But. I asked a lawyer friend what recourse Judge has, she said none. Ninga May 2020 #20
Is the Judge part of the Executive Branch or the Judicial Branch. kentuck May 2020 #21
I don't know. I guess we will find out. Ninga May 2020 #22
The courts are the third supposedly co-equal branch of our government. They don't work for the Solomon May 2020 #28
The DOJ has *requested* dismissal. The motion has not been ruled on. sl8 May 2020 #23
Thank you. I read the first link and found it helpful to understanding. Unfortunately, see Ninga May 2020 #24
Jeez. He has already been convicted! What about that that people do not understand! Solomon May 2020 #29
With respects Glenn Kirscher a lawyer who has appeared before the judge in court GusBob May 2020 #25
Of course he will, but a hearing produces what? Please see the link. Ninga May 2020 #26
The hearing will show that their motion has no basis in fact and law and so the conviction should Solomon May 2020 #30
Ok then. I trust your experience. Thanks. Ninga May 2020 #31

hlthe2b

(103,319 posts)
1. He's very independent; he was previously not able to hide his disgust for Flynn's crimes and he has
Fri May 8, 2020, 08:20 AM
May 2020

previously gone against Trump admin on immigration issues. This is anything but a done deal.

empedocles

(15,751 posts)
4. In a flynn sentencing hearing, the word TREASON came up. [Not argued]
Fri May 8, 2020, 08:37 AM
May 2020

Judge could well put off the case again.

TREASON is imho, an 'epidemic' word for trump - and Senate republicons, and republicons everywhere.

empedocles

(15,751 posts)
17. Imho, 'treason', is unpredictably/epidemically powerful. In most of 1941 voters were
Fri May 8, 2020, 10:17 AM
May 2020

still isolationist. FDR ran as an isolationist in 1940.

Pearl Harbor had a big impact, but the Congress did not move against the American Bund, with large German American populations from Pennsylvania to Texas. Voters didn't sufficiently get the threat.

When hitler declared war against the US a few days later, the public started to get it, closer to home, and a significant, inner threat to the US Government. Soon after, the Bund was declared illegal. [Prescott Bush and Joe Kennedy had to sharply change their 'tunes'].

[I think I understand the DU frustration with the republicon blocs not getting the threat of trump, or Covid 19. However, in historical context, the slow movements on those kind of very serious issues, - is very easy to anticipate].

MyOwnPeace

(17,026 posts)
2. And which judge is it..........
Fri May 8, 2020, 08:28 AM
May 2020

that has ordered to see the "complete" Mueller report without Billy Barr's "editing?"

Solomon

(12,360 posts)
9. That was Judge Reggie Walton. I know both judges personally and they are old school.
Fri May 8, 2020, 09:14 AM
May 2020

Very independent. I practiced before both of them. They do the right thing.

On the other hand, they are also human. The pressure on them right now is enormous. They will definitely suffer for doing the right thing.

I'm surprised they haven't been reassigned to get them off of these cases. If that does happen, remember that I said that might happen.

tblue37

(65,831 posts)
3. Judge Sullivan told Flynn that he had betrayed his country, so unless they threaten him
Fri May 8, 2020, 08:36 AM
May 2020

somehow, I don't see him cooperating. Trump will still probably pardon Flynn, but it will look bad, which is the political price Barr was trying to protect him from.

kacekwl

(7,160 posts)
7. IF I were the judge I would
Fri May 8, 2020, 08:49 AM
May 2020

Record every phone call, video every meeting, save every e-mail. Not just his but any staff member, employees, spouse if any. Before and after the decision. Barr will stop at nothing to please his Orange popsicle. I hope some forward thinking patriot has Barr being followed and his "wires tapped" .

Ninga

(8,358 posts)
8. Meaningless to speculate! Barbara McCuaig said. on Rachel last night the judge "most likely
Fri May 8, 2020, 09:08 AM
May 2020

will hold a hearing to hear from the DOJ”

Big fucking deal. Listen and then what, say oh well, next case?

Nothing will happen because.......

Solomon

(12,360 posts)
10. I disagree with your sentiment. If the judge wants to stick with
Fri May 8, 2020, 09:16 AM
May 2020

the conviction, he will have to hold a hearing to cover himself.

Ninga

(8,358 posts)
11. You know this how? It is the DOJ's case, it does not belong to the judge. If they want to withdraw
Fri May 8, 2020, 09:32 AM
May 2020

how will the judge over ride? If they drop charges then what?

I will watch with no hope because

Ninga

(8,358 posts)
13. Ok, explain to me what happens to the case when charges are dropped? The case belongs to the
Fri May 8, 2020, 09:41 AM
May 2020

DOJ the judge applies the laws. If the charges are dropped, no case. Right?

PRETZEL

(3,245 posts)
15. Not from what I have read,
Fri May 8, 2020, 10:04 AM
May 2020

the case against Flynn has already been tried and Flynn plead guilty under a plea deal agreed to by all parties. I would think that at that point, the only thing that hasn't been settled is his sentencing, which lies solely with Judge Sullivan.

Solomon

(12,360 posts)
27. Yes. He has already been convicted but not yet sentenced.
Fri May 8, 2020, 01:05 PM
May 2020

The judge needs to hold a hearing to expose the smoke and mirrors being employed. After the hearing sentence the guy and let him sit in jail while he appeals to the Supreme court. If a proper record is made during the hearing, I don't see how the Supreme court would overturn the conviction except to flat out upend our justice system.

lark

(23,507 posts)
14. Nah, those rw fascist Russian Repugs at SCOTUS will definitely take the case and exonerate drumpf.
Fri May 8, 2020, 09:55 AM
May 2020

It's what rw fascists do.

mopinko

(70,892 posts)
16. welp, i dunno. but
Fri May 8, 2020, 10:13 AM
May 2020

sure hope they have a quick sketch artist on duty, cuz i'm thinkin the judge is gonna have quite a bit to say.

there are 2 courts in america. the legal ones, and the court of public opinion.
we are starting to see more people telling the unvarnished truth.
the record of their crimes is gonna be tried on the front pages for decades.
hopefully they all get life sentences.

Ninga

(8,358 posts)
20. I love my DU peeps. But. I asked a lawyer friend what recourse Judge has, she said none.
Fri May 8, 2020, 10:51 AM
May 2020

DOJ dropped charges.

There is no longer a case.

Judge has nothing to adjudicate.

Flynn walks.



kentuck

(111,508 posts)
21. Is the Judge part of the Executive Branch or the Judicial Branch.
Fri May 8, 2020, 10:58 AM
May 2020

I don't think he works for Bill Barr? Or does he?

It seems to me that the Judge can only be over-ruled by a higher Judge - like the Supreme Court?

Solomon

(12,360 posts)
28. The courts are the third supposedly co-equal branch of our government. They don't work for the
Fri May 8, 2020, 01:07 PM
May 2020

Legislative or executive branches.

Ninga

(8,358 posts)
24. Thank you. I read the first link and found it helpful to understanding. Unfortunately, see
Fri May 8, 2020, 11:14 AM
May 2020

this paragraph taken from article.

“Yet Rossi, the former prosecutor, said something akin to legal lunacy would predictably occur if the judge forces the case to continue. Were the judge to order the case to proceed, the prosecution would likely not call witnesses or even show up to court. And, that would be ridiculous. Rossi called the procedural moves a de facto “back door pardon” for Flynn.”

GusBob

(7,305 posts)
25. With respects Glenn Kirscher a lawyer who has appeared before the judge in court
Fri May 8, 2020, 11:14 AM
May 2020

Spoke on this subject on the radio today. And he disagrees with you.

he said this judge ( paraphrase) smells out bullshit and does not tolerate such

he can and probably will call a hearing

Solomon

(12,360 posts)
30. The hearing will show that their motion has no basis in fact and law and so the conviction should
Fri May 8, 2020, 01:14 PM
May 2020

stand. The judge should sentence him and Flynn can then file whatever appeal he thinks he has but hopefully he will sit in jail pending appeal.

I spent 20 years practicing before Judge Sullivan and Judge Walton and I can tell you, they don't go for bullshitting. They take their work very seriously.

If he doesn't hold a hearing then people will just keep spouting the lies that are in their motion in support of exonerating Flynn.

Latest Discussions»General Discussion»What do we know about thi...