Writ of Mandamus filed to remove Sullivan in Flynn case

Discussion in 'Politics' started by 5-Star Finger, May 20, 2020.

  1. 5-Star Finger

    5-Star Finger Apex predator of the political forum biome
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    I didn't see this posted here and have no idea if this has even the faintest hope of being successful. I'm not a lawyer, but I'm a bit familiar with some of the cases cited. It seems like a compelling case is being made, but it's my understanding this is a pretty extraordinary action in the context.

    It's seeking immediate dismissal, reversal of the order to appoint the retired judge to consider new charges, and a removal of Sullivan from any further proceedings. I believe since the relief actions are individually outlined, some, all or none could potentially be granted. But's that's my limited understanding. Any thoughts @AlexDaGator or Law?

    https://sidneypowell.com/wp-content/uploads/2020/05/Petition-filed.pdf
     
    • rogdochar

      rogdochar Senior Member
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      Cases get overturned for retrial and only a new judge presides. Many times even when the judges merely seem to over-condemn verbally the prosecuted wins an appeal. The excess way that Sullivan is acting works in Flynn's favor in ongoing legal events. Haven't we seen legal blasphemy from the elected Democrat "leaders", from investigators(FBI)(CIA), from judges, from Supreme Court judges >> all orbiting around TDS?
       
      • Swamp Donkey

        Swamp Donkey Bring Back Squash
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        That's almost never the way it works. In fact, I've never heard of that happening, except when the first judge had died.

        Stick with laughing gas.
         
        • Swamp Donkey

          Swamp Donkey Bring Back Squash
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          It is. Frankly, it is kind of stupid. You appeal after you lose.

          This isn't really law anymore though. It is politics.

          Well, it was always politics but it isn't even pretending to be law, so who knows.

          It won't prevail in DC Circuit IMO.
           
          #4 Swamp Donkey, May 20, 2020
          Last edited: May 20, 2020
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          • rogdochar

            rogdochar Senior Member
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            Well, of course, it happened to me. The judge went on record harshly describing my ex as a goldigger and his wordswere used as reasoning a new divorce trial was needed = new judge, ex new, better lawyer. Big swing of money. In both trials, I never showed anger, did not speak.
             
            • Detroitgator

              Detroitgator Well-Known Member
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              Oops...
               
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              • Swamp Donkey

                Swamp Donkey Bring Back Squash
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                His population is 1, mine is tens of thousands.
                 
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                • Detroitgator

                  Detroitgator Well-Known Member
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                  I actually had a boss tell me that once... "You are n=1, I'm like n=infinity" :lol:
                   
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                  • PCGatorAlum

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                    I have never seen a judge become a prosecutor in a case where a prosecutor has withdrawn the charges.
                     
                    • rogdochar

                      rogdochar Senior Member
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                      Infinity goes on forever and that's the end of that.
                       
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                      • NavetG8r

                        NavetG8r Stupid
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                        His obvious bias against Flynn should be enough for a mistrial imo. He's had a hard-on to nail Flynn from the very beginning. I mean he called Flynn a traitor when there was ZERO evidence against Flynn. All he did was plead guilty to lying to the FBI because so much pressure was put on him and they threatened to go after his son if he didn't.
                         
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                        • Swamp Donkey

                          Swamp Donkey Bring Back Squash
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                          Mistrial?

                          There was no trial, goof.
                           
                          • 5-Star Finger

                            5-Star Finger Apex predator of the political forum biome
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                            Am I remembering correctly that you were a career prosecutor? Have you ever even heard of a judge refusing to grant an unopposed motion for dismissal immediately? I could understand if he was slapping aside a ridiculous posturing motion from the defense that is merely setting up grounds for an appeal, but this was initiated by the prosecutor on the basis of actual exculpatory evidence that as a factual matter is not disputed by either party. Basically is there an basis in law for a judge to decide a question of fact, is not a fact, when both parties are stipulating that it is?

                            This seems like an unique and grave miscarriage of justice in progress. Adding the cherry on top of this **** sundae by bringing someone in to see if the guy that we have evidence was coerced into a plea could be held in contempt, is to me beyond the pale. I'm sure there is zero chance that there is any real consequence to the judge due to judicial immunity (because apparently a judge can order a code red on an attorney and not be liable thanks to Mireles v. Waco), but could the prosecutors and agents that withheld the Brady evidence actually get away with it under qualified immunity? It's been rolled back a bit by the SCOTUS, but still seems to be a get out of liability free card under the "I didn't know I wasn't allowed to do that" standard.
                             
                            #13 5-Star Finger, May 21, 2020
                            Last edited: May 21, 2020
                            • Swamp Donkey

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                              What does any of that have to do with a mistrial?
                               
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                              • rogdochar

                                rogdochar Senior Member
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                                Face it. Swonkey just no's too much.
                                 
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                                • 5-Star Finger

                                  5-Star Finger Apex predator of the political forum biome
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                                  Nothing. Just quoted your most recent response rather than tagging you. There was no trial. There was a guilty plea that was withdrawn and then a motion to dismiss. I understand the proceedings up to this point. I was curious if you ever saw anything like this your time practicing.
                                   
                                • Swamp Donkey

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                                  First, the plea hasnt been withdrawn. He plead guilty and was found guilty. They are MOVING to habe it withdrawn.

                                  Two, no, Ive never seen a prosecutor move to withdraw a case after a guilty plea.
                                   
                                  • 5-Star Finger

                                    5-Star Finger Apex predator of the political forum biome
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                                    Okay, my mistake then. I thought the plea had already been allowed to be withdrawn and the only issue was the prosecution's motion to dismiss.
                                     
                                  • Swamp Donkey

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                                    No.

                                    obviously I've seen a bunch of motions to dismiss but never one after a trial or after a plea. I've never seen one when the defendant had already been adjudicated guilty and was just waiting on sentencing.

                                    people keep getting their panties twisted about having someone else file an amicus brief. this is not going to be a problem legally. generally courts are just asked asked to decide between two positions, that is the prosecutor asked for one thing the defendant ask for another the judge selects one or the other or something in between,based, hopefully, on the law applied to the facts of the case.

                                    But what about him not allowing amicus earlier? not allowing amicus earlier in the preceding to support the defendant is generally not allowed. A court proceeding has two adversaries. it's up to each adversary to pick the best argument and brief it well. You dont need 10 defense briefs or 10 prosecution briefs.

                                    the court is not used to operating without an adversary arguing against one side.

                                    if there is no amicus filed against the removal of the plea, the court basically has to research it then brief it itself. This WOULD essentially make the court opposing the other two parties. you dont want the court psychologically wedded to an argument.

                                    I think tactically what this attorney did was incredibly stupid. she should have just waited for the judge to the amicus and decide. remember this is a judge who is known for being harsh with the prosecution, and he's been harsh with the prosecution in this case. she's also actually slowing the process down at this point.

                                    what do you think happens when it is appealled? The defendant writes an appeal brief and who opposes it? The appellate Court isn't going to just take one brief. They will need to appoint somebody to defend the judge's position, ad obviously the DOJ isn't going to do it, bc they are not adversarial to the defendant at this point.

                                    Just being a loud screaming azzhole doesn't make one a great attorney. A couple of the most dangerous defense attorneys we had were quiet old country boys and the nice hippie lady. The judges liked them, the juries LOVED them... hell the prosecutors and cops liked them.
                                     
                                    #19 Swamp Donkey, May 21, 2020
                                    Last edited: May 21, 2020
                                    • Detroitgator

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                                      No, they have never moved to withdraw
                                       

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