DOJ drops all charges against Michael Flynn!

[Bill the Cat]

But wouldn't that fall under fruit from the poisoned tree?

[Cow Poke]

But wouldn't that fall under fruit from the poisoned tree?

Been sayin that all along.

[JimL]

Sounds like he's getting his cue from the MSM which commonly proclaims that Flynn was convicted of perjury.

What's in a name? It's illegal to lie to the FBI whether you are under oath or not. It amounts to the same thing as perjury and Flynn knows that.

[Mountain Man]

Sounds like he's getting his cue from the MSM which commonly proclaims that Flynn was convicted of perjury.

If you listen to the recent "leaked" phone call from Obama, it's interesting how closely Sullivan's actions align with Obama's talking points.

[Mountain Man]

I wonder why Powell did not immediately seek the reprobate Sullivan's recusal when he made his horrible remarks at the sentencing hearing. That seems a serious lapse in judgment.

Based on what I've read, Federal courts work a little differently than civil courts in that both the prosecution and the defense must file appeals to have a judge removed, and there was no chance of that while the prosecution was still gunning for Flynn. It might be an option now, though, but I'm sure there are other considerations.

[Mountain Man]

Can you be charged with perjury when statements were made under duress?

[Cow Poke]

Can you be charged with perjury when statements were made under duress?

Yes, you can be charged, but no reasonable judge/jury....

[Mountain Man]

Yes, you can be charged, but no reasonable judge/jury....

And there's the problem. Sullivan has not shown himself to be a reasonable judge.

[Cow Poke]

And there's the problem. Sullivan has not shown himself to be a reasonable judge.

His prior statements alone should have made an honorable judge recuse himself.

[rogue06]

Yes, you can be charged, but no reasonable judge/jury....

Essentially, you can be charged with anything.

I took a couple criminal law classes back in my college days the professor put forth the following scenario (which I'm paraphrasing);

Let's say that a homeowner hears someone break into his house in the middle of the night and arms himself as he goes to investigate and from the top of the stairs sees someone skulking about with what appears to be a pistol in his hand. The homeowner switches on the lights and sees that the person, who he does not recognize, is indeed armed, and orders him to drop his weapon. Instead the intruder, without saying a word, spins around and draws a bead on the homeowner. Not wanting to get shot the homeowner opens fire first.

It turns out that the intruder is a police officer. He was not wearing anything that indicated this. He didn't identify himself as a police officer. And while he had a warrant it turns out that he misread the address and entered the wrong house.

Can the homeowner be arrested and charged with shooting the officer.

The answer is yes.

Even though the owner did absolutely nothing wrong, if you shoot a cop you can pretty much expected to be arrested and possibly even charged at least until things get sorted out.

[Cow Poke]

Essentially, you can be charged with anything.

I took a couple criminal law classes back in my college days the professor put forth the following scenario (which I'm paraphrasing);

Let's say that a homeowner hears someone break into his house in the middle of the night and arms himself as he goes to investigate and from the top of the stairs sees someone skulking about with what appears to be a pistol in his hand. The homeowner switches on the lights and sees that the person, who he does not recognize, is indeed armed, and orders him to drop his weapon. Instead the intruder, without saying a word, spins around and draws a bead on the homeowner. Not wanting to get shot the homeowner opens fire first.

It turns out that the intruder is a police officer. He was not wearing anything that indicated this. He didn't identify himself as a police officer. And while he had a warrant it turns out that he misread the address and entered the wrong house.

Can the homeowner be arrested and charged with shooting the officer.

The answer is yes.

Even though the owner did absolutely nothing wrong, if you shoot a cop you can pretty much expected to be arrested and possibly even charged at least until things get sorted out.

And being indicted is even easier - as they say in legal circles, "you can indict a ham sandwich". I've seen in the past somebody here posting that somebody has GOT to be guilty, because they were "indicted".

[Mountain Man]

I've seen in the past somebody here posting that somebody has GOT to be guilty, because they were "indicted".

And in response, I like to point out that every person who was ever been declared not guilty by a court was indicted at some point.

[Cow Poke]

And in response, I like to point out that every person who was ever been declared not guilty by a court was indicted at some point.

EGGzackly, and many case, the reason is because of prosecutorial misconduct, or, at the minimum, shoddy detective work.

[NorrinRadd]

Turley politely says Sullivan was nutty to not accept the DOJ's request to drop charges, nuttier to suggest perjury charges for Flynn's seeking to withdraw his plea, nuttiest to invite amicus briefs, and nuttiester in his bringing in Gleeson.

[Watermelon]

But wouldn't that fall under fruit from the poisoned tree?

https://www.law.cornell.edu/rules/frcrmp/rule_11