For those of you who do not C-SPAN, on Tuesday, August 11, 2020, the full U.S. Court of Appeals for the DC Circuit
reheard oral arguments to determine whether a federal district court judge must dismiss the perjury case against Michael Flynn as recommended by the Justice Department.
I’ve linked the entire dialog (w/ audio), but I want to bring your attention to 00:18:00
“I THINK THERE IS VERY LIMITED TO -- LIMITED DISCRETION TO TURN OR DENY THAT MOTION. THERE IS IN THE CASE LAW EXAMPLES LIKE THE ONE, JUDGE MILLETT OR ANOTHER JUDGE USED ABOUT BRIBERY OF THE PROSECUTOR. IN FOKKER ITSELF THE COURT RECOGNIZES THERE IS AN ASSUMPTION OF REGULARITY -- PRESUMPTION OF IRREGULARITY. JUDGE TATEL: LET'S SAY YOU'RE RIGHT THERE IS SOME DISCRETION TO DENY THE MOTION, THEN WHAT HAPPENS?“
00:18:36
“IN THIS CASE IT IS DIFFERENT FROM WHEN A PROSECUTION IS INITIATED IF IT WERE DENIED,
THERE IS NO ROLE FOR THE EXECUTIVE BRANCH ANY FURTHER BECAUSE SENTENCING IS THE ONLY THING THAT IS LEFT. NOW THE GOVERNMENT AND MR. FLYNN COULD TAKE THE POSITION THEY ARE GOING TO MANDAMUS AFTER THAT, THAT IS WHAT I BELIEVE THEY THINK WOULD BE THEIR NEXT STEP. IF THAT DID NOT HAPPEN THE DEFENDANT WOULD GO ON TO SENTENCING AND THEN THERE WOULD BE AN APPEAL BY EITHER ONE OR BOTH OF THE PARTIES. JUDGE ROGERS: -- JUDGE TATEL: HOW WOULD THAT APPEAL COME OUT?
Beth Wilkerson (a defense attorney) saying, “There would be no role for the prosecutor with regards to a sentencing of the individual defendant who is no longer being prosecuted by the government“ is unbelievable:
A) U.S. code:
28 U.S. Code § 455 “you are disqualified if you are a party to the proceeding”
B) this is a prosecution without a prosecutor! You have no solicitor, you have no district attorney, you have no US attorney......the attorney general of the United States decided to dismiss this case!!
Judge Sullivan can’t be judge and prosecutor!!!