Ex-Trump aide Flynn, who admitted lying to FBI, asks appeals court to toss charges

[webfact]

Ex-Trump aide Flynn, who admitted lying to FBI, asks appeals court to toss charges

By Jan Wolfe

 

FILE PHOTO: Former U.S. national security adviser Michael Flynn passes by members of the media as he departs after his sentencing was delayed at U.S. District Court in Washington, U.S., December 18, 2018. REUTERS/Joshua Roberts/File Photo

 

WASHINGTON (Reuters) - President Donald Trump's former national security adviser Michael Flynn, who previously pleaded guilty to lying to the FBI, asked a U.S. appeals court on Tuesday to force a judge to dismiss the criminal case against him as requested by the Justice Department.

 

The department's May 7 reversal in the case drew accusations from Democrats and retired career prosecutors that Attorney General William Barr was politicizing the U.S. criminal justice system to benefit Trump's friends and associates.

 

In an emergency petition, Flynn's lawyers asked that the U.S. Court of Appeals for the District of Columbia order Judge Emmet Sullivan to grant the department's request to dismiss the case. Sullivan last week signaled reluctance to drop the charges, appointing a retired judge to advise whether Flynn should face an additional criminal contempt charge for perjury.

 

Flynn, who also advised Trump's 2016 presidential campaign, pleaded guilty in 2017 to lying to the FBI about his conversations with Russia's ambassador in Washington, but later sought to withdraw his plea and accused the FBI of tricking him. The Justice Department's decision to ask Sullivan to drop the charges followed public pressure from Trump and the Republican president's political allies.

 

Flynn's petition also argued that, if there are further proceedings, the case should be reassigned to another judge, adding that Sullivan's conduct "bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created."

 

Sullivan in 2018 expressed "disgust" and "disdain" toward Flynn's criminal offense, saying: "Arguably, you sold your country out."

 

Flynn's request likely will be denied because Sullivan has done nothing to violate his rights, said Deepak Gupta, an appellate lawyer in Washington not involved in the case.

 

"The judge has neither denied nor granted the government's motion to dismiss," Gupta said. "At the very least, this request to the appellate court is premature."

 

(Reporting by Jan Wolfe; Editing by Scott Malone and Will Dunham)

 

-- © Copyright Reuters 2020-05-20

 

- Whatever you're going through, the Samaritans are here for you

- Follow Thaivisa on LINE for breaking COVID-19 updates

[Puchaiyank]

Flynn's sin was snubbing Obama and aligning himself with Trump.  

 

The deep state operatives at the highest levels of the FBI used entrapment and coercion to get him to confess to a bogus lying under oath charge...even threatened him with dragging his son thru the mud if he did not sign a confession.

 

This is the actions of a 3rd world dictatorship...was started under the Obama administration and continued on after Trump was elected.

 

Flynn I just a pawn in a high stakes chess match...the winner gets the power to control the future of the US...

[simple1]

53 minutes ago, Puchaiyank said:

Flynn's sin was snubbing Obama and aligning himself with Trump.  

 

The deep state operatives at the highest levels of the FBI used entrapment and coercion to get him to confess to a bogus lying under oath charge...even threatened him with dragging his son thru the mud if he did not sign a confession.

 

This is the actions of a 3rd world dictatorship...was started under the Obama administration and continued on after Trump was elected.

 

Flynn I just a pawn in a high stakes chess match...the winner gets the power to control the future of the US...

Obama fired Flynn 08/14. it is alleged FBI used entrapment etc

Edited May 20, 2020 by simple1

[Proboscis]

6 hours ago, Puchaiyank said:

Flynn's sin was snubbing Obama and aligning himself with Trump.  

 

The deep state operatives at the highest levels of the FBI used entrapment and coercion to get him to confess to a bogus lying under oath charge...even threatened him with dragging his son thru the mud if he did not sign a confession.

 

This is the actions of a 3rd world dictatorship...was started under the Obama administration and continued on after Trump was elected.

 

Flynn I just a pawn in a high stakes chess match...the winner gets the power to control the future of the US...

I have an open mind on this whole "deep state" stuff. But what I don't understand is the claim that only the Republicans/Trump can get rid of "deep state" and yet . . . with a Republican controlled Senate, White House and with Barr in charge of the Justice Department (including FBI), somehow all those alleged wrong-dooers cannot be brought to justice!

 

Either this administration is completely incompetant or there is no alleged "deep state."

[Siamjim]

thought this was Reuters, admitted...lots people in the news been jailed having to admit guilt to get cozier sentencing even if they were innocent.

 

 

[Phoenix Rising]

28 minutes ago, Proboscis said:

I have an open mind on this whole "deep state" stuff. But what I don't understand is the claim that only the Republicans/Trump can get rid of "deep state" and yet . . . with a Republican controlled Senate, White House and with Barr in charge of the Justice Department (including FBI), somehow all those alleged wrong-dooers cannot be brought to justice!

 

Either this administration is completely incompetant or there is no alleged "deep state."

And for those of us who don't wear a tinfoil hat the answer is obvious.

[Dap]

8 hours ago, Puchaiyank said:

Flynn's sin was snubbing Obama and aligning himself with Trump.  

 

The deep state operatives at the highest levels of the FBI used entrapment and coercion to get him to confess to a bogus lying under oath charge...even threatened him with dragging his son thru the mud if he did not sign a confession.

 

This is the actions of a 3rd world dictatorship...was started under the Obama administration and continued on after Trump was elected.

 

Flynn I just a pawn in a high stakes chess match...the winner gets the power to control the future of the US...

More BS!

[mlmcleod]

The "deep state" as defined by Trump is any civil service personnel who do not agree with him wholeheartedly and jump through his hoops.  He would prefer to do away with the civil service and have a government consisting entirely of his own appointees.  This was once the case with the US government.  However the practice led to so much corruption that the American public rebelled and elected reformers to eliminate the practice.

 

I suspect that the civil service is pretty evenly split between Republicans and Democrats and their is whistleblower protection so those that report corruption to the authorities.  This is the very legislation that Trump abhors and rails against!  Eventually, he will so nauseate the American public that he will not win re-election.  The famous "swamp" he complains about is mostly his appointees.  So far he has fertilized and sown the swamp to the point it can no longer be ignored.  I suspect that he has an orange suit in his future!

[mtls2005]

Releasing the transcipts of the Flynn-Kislyak conversations would go a long way towards clearing Flynn once and for all.

 

Or not.

 

 

 

 

 

[phkauf]

Just reading the details of what the FBI did in this case is shocking, partisanship aside.  They knew what he said on the calls so there was no legal justification to call him in to to ask what he said on the calls. What they did was to create a Perjury Trap - which is illegal. They mislead him him about the purpose of the meeting so he would not have an attorney present - also illegal. From the released documents, prior to their meeting there was no charges to be filed against him - so all they could do was to get him for lying to the FBI about what is non-criminal behavior. 

Anyone in the US should be afraid law enforcement uses this tactic. Which is why the old axiom of: NEVER say anything at all to law enforcement other than your name. There are a few Youtube videos from lawyers showing how they can easily trap you and put you in the same situation as Flynn.

I have worked with FBI agents in the past, they are very, very skilled at questioning and putting you off balance to make you nervous.

 

[earlinclaifornia]

2 hours ago, Proboscis said:

I have an open mind on this whole "deep state" stuff. But what I don't understand is the claim that only the Republicans/Trump can get rid of "deep state" and yet . . . with a Republican controlled Senate, White House and with Barr in charge of the Justice Department (including FBI), somehow all those alleged wrong-dooers cannot be brought to justice!

 

Either this administration is completely incompetant or there is no alleged "deep state."

Bannon bragged he made the  "deep state" up himself

[Srikcir]

26 minutes ago, mtls2005 said:

Releasing the transcipts of the Flynn-Kislyak conversations would go a long way towards clearing Flynn once and for all.

 

Or not.

 

 

 

 

 

Actually an understatement as potentially documents, grand jury transcripts, DOJ/FBI internal documents/emails, phone calls and depositions may be required by retired judge John Gleeson appointed by Judge Sullivan to essentially present any rebuttal to DOJ's withdrawal of crimes committed by and pled guilty by Flynn. 

Gleeson would have the power to subpoena all such relevant material in his investigation as to the legitimacy of DOJ'reversal. Such subpoenas would be issued by the Court and failure to comply would constitute Contempt of Court with attendant penalties. 

While Flynn and DOJ may argue a miscarriage of justice in Flynn's sentencing, the Court can find dismissal of the guilty plea would result in a miscarriage of justice. 

https://www.foxnews.com/politics/judge-sullvan-appoints-third-party-to-present-arguments-against-flynn-consider-holding-him-in-contempt

Flynn himself according to Flynn in his reversal of his guilty plea previously before the court record becomes potentially another contempt of court issue. 

[simple1]

10 minutes ago, earlinclaifornia said:

Bannon bragged he made the  "deep state" up himself

Interestingly in a book it is claimed Bannon said the “deep state conspiracy theory is for nut cases”, Bannon is quoted as saying, because “America isn’t Turkey or Egypt”. 

 

https://www.theguardian.com/us-news/2019/oct/03/trump-steve-bannon-deep-state-conspiracy-theory

 

On the other side of the coin it's blindly obvious trump is a practitioner of the 'deep state' with his refusal to co-operate with Congressional enquires, use of conspiracy theories for cover ups and so on. 

 

 

[earlinclaifornia]

Love the three trump supporters, Lindsey Graham, Mitch Mc Connel and Bill Barr response to trump's ObamaGate. Idiot!

[Thomas J]

10 hours ago, Puchaiyank said:

Flynn's sin was snubbing Obama and aligning himself with Trump.  

Puchalynank

Flynn knew about the phony Russian collusion and the dossier paid for by the Democrats and Hillary Clinton.  This was a mission to keep him on the ropes and buy his silence by threatening him and his son.  He plead guilty to lying.  Lying? Lying about what?  That he spoke to a Russian diplomat Kislyak .  So what, he was legally entitled to do so, though the FBI threatened him with a violation of the Logan Act that a private citizen can not conduct foreign policy.  That act was passed in 1799 AND NO ONE HAS EVER BEEN PROSECUTED.  Also it is likely unconstitutional.  Flynn plead guilty to stop the carnage.  He is $4.6 million dollars in debt with legal bills and they threatened to go after his son.  He was falling on his sword to make it go away. 

[Phoenix Rising]

3 hours ago, Siamjim said:

thought this was Reuters, admitted...lots people in the news been jailed having to admit guilt to get cozier sentencing even if they were innocent.

 

 

Really, lots of people? Then I guess you can give us lots of examples.