SectionC3
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Bognino is a loser. I’d go with “the IQ of people who watch OAN,” but there might not be too much room for downward departure there.
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I stopped reading after your first sentence because you obviously didn’t understand what I wrote. A defendant can’t withdraw a plea simply because he/she feels like it. A certain threshold must be met for that to happen, or a certain showing by the defendant must be made. The “coulds” in my post highlighted some of the “usual suspects” on which defendants rely in moving to withdraw a plea. Whichever one or ones Flynn picked or picks is up to him; I suspect he went with the “bait and switch” and IAC approaches based on some of the point headings in his memo. But, in any event, it’s Tuesday afternoon and Michael Flynn still is guilty. Enjoy! I’ll take, “it’s because he admitted guilt” for $200! This literally made me laugh out loud. The conspiracy theorists telling someone else they’re on shaky intellectual ground. That’s rich. That’s the equivalent of an affidavit there, big boy. It’s not a plea or his “current plea.” And paragraph 47 confirms that Michael Flynn has pleaded guilty. So, as of 4:31 p.m. today, Mike Flynn still is guilty.
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The Big Gamble: Hydroxychloroquine
SectionC3 replied to Magox's topic in Politics, Polls, and Pundits
And even if it’s been prescribed I wonder whether he actually consumes the drug. -
The Big Gamble: Hydroxychloroquine
SectionC3 replied to Magox's topic in Politics, Polls, and Pundits
Agreed. He’s full of something, and it’s not hcq. Maybe he can show us the script. -
I don’t lose anything. Today i saw a piece in the news, and it turns out that Flynn pleaded guilty. There has been no change in position. The motion apparently is to vacate the plea. At this point, the question of Flynn’s guilt (he was convicted upon his plea of guilty) is settled. Flynn wants to reopen that question, but to do so he has to demonstrate a reason why he should be permitted by the court to withdraw the plea. It can’t be simply that he changed his mind. It could be a change in govt position on sentence recommendation (aka the bait and switch). It could be that his plea was infected by ineffective assistance of counsel. Or it could be that the plea was not knowing, voluntary, and intelligent. Here it appears that he’s pursuing the first two grounds. Maybe the court allows him to withdraw the plea, maybe it doesn’t. But it can’t be as simple as him changing his mind and declaring that he decided he no longer wants to be guilty. Otherwise we’d never have finality in any criminal case. Here, yup. He is. I’d love to hear from you how he’s not. Please share your expertise.
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It is extremely rare for a verdict to be set aside. It’s more frequent for a judgment to be reversed on appeal, but that too is fairly rare. Until the verdict is set aside or judgment reversed, those people are considered guilty. When the judgment is reversed the finding of guilt is expunged. At this point, that makes Flynn ... you guessed it ... guilty!
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The fact that the case remains unresolved does not mean that the question of guilt remains unresolved. Flynn’s guilty plea resolved that issue. And even absent the motion to withdraw the case would not be resolved because sentencing has not occurred. What the DOJ did here is very, very odd. What the judge has done frankly isn’t partisan, it’s prudent. If there’s merit to Flynn’s contentions, then they will withstand the scrutiny of amicus review. Imagine, if you will, a crooked prosecutor in a state criminal proceeding where the defendant has pleaded guilty. Simply because the defendant has asked to withdraw the guilty plea, and simply because the crooked prosecutor has not opposed the application, doesn’t mean that the court should effectively vacate the conviction. The court has to have a legal ground upon which to take that step, and the court here is asking the friend to confirm the solidity of that ground before it goes any further.
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Indeed they do. And the reason IP clients don’t immediately walk out of prison is that those people are guilty and there is typically an arduous process to earning vacatur of the judgment of conviction. Oh I bet. This guy is probably the source for all things I need to know about how the moon landing was faked, how 9/11 was a hoax, and how the Easter Bunny and Santa are spies set by the military-industrial complex.
