Ex-judge appointed to argue against dismissing Flynn case once wrote about ‘abuse of discretion” – IOTW Report

Ex-judge appointed to argue against dismissing Flynn case once wrote about ‘abuse of discretion”

Gleeson wrote about a case in 2013 that if the government moved to dismiss it would represent “an abuse of discretion to deny that motion.”

JustTheNEws: John Gleeson, the former federal judge appointed to argue against dismissing the case against former national security advisor Michael Flynn, once wrote that if prosecutors submitted a motion to dismiss a case it would be “an abuse of discretion to deny that motion.” 

Gleeson made that comment in 2013 while writing about a case in which the government filed a Deferred Prosecution Agreement involving HSBC Bank—if HSBC obeyed the requirements of the agreement for five years the government was supposed to request the dismissal of the Information it had filed against the bank.

“But even if I were to reject the DPA, I would have no power to compel the government to prosecute the pending charges against HSBC to adjudication,” Gleeson wrote. “To the contrary, as mentioned above, if the government moved under Fed. R. Crim. P. 48(a) to dismiss the Information, it would be an abuse of discretion not to grant that motion.”

In the HSBC case, the bank had pleaded not guilty at an arraignment, while Flynn in 2017 pleaded guilty to lying to the FBI but later sought to withdraw his guilty plea. Evidence that has since emerged suggested the FBI had no case against Flynn but set up an interview hoping it would catch him lying, his lawyers and Justice officials have said. read more

14 Comments on Ex-judge appointed to argue against dismissing Flynn case once wrote about ‘abuse of discretion”

  1. Sullivan couldn’t do the work himself, so he is bringing in a white lawyer to tell him how to handle the case.

    Sullivan apparently is admitting, implicitly, that he doesn’t possess the intellectual capacity to do the case himself. He needs a white man fo hep.

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  2. I understand he is a Clinton appointee which means he’s a Socialist which means any opinion or ruling he gave before
    DJT’s election has no meaning which means he will turn the world upside down to do anything he can to keep the criminal injustice against Flynn going.
    OK. I just foretold the future. Send money please. (sarc)

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  3. We seem to have a situation developing, a precedent setting one maybe, where the Judge now has the position of taking charge of the prosecution instead of having the role of presiding over the actions of the prosecution against the defendant to keep them in accord with the law.

    Or at least that’s what it looks like to me.

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  4. but that was then, and this is now
    that’s how theses types of things work.
    please refer to the rule book for ‘Three Card Monte’
    that is all it is- razzle dazzle of short memories.
    The games politicians play.
    Either 3 Card Monte or Pig in a Poke.
    Sometimes both games at once, and talking out of both sides of their mouth.
    And the things people fall for
    again

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  5. Are all of the legal wizards just being polite right now? Because from a layman’s point of view, this judge is off the rails and needs to be escorted out of the building. How long are we supposed to take this seriously?

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  6. Same media coordinated smear, different day.
    General Flynn needs to be dirtied because he knows too much, AG Barr needs to be discredited for dropping charges and President Trump… Well, we know how they feel about President Trump.

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  7. @Anonymous May 15, 2020 at 8:22 am

    > We seem to have a situation developing, a precedent setting one maybe, where the Judge now has the position of taking charge of the prosecution instead of having the role of presiding over the actions of the prosecution against the defendant to keep them in accord with the law.

    As the judiciary is only there as the prosecution’s fluffers, your “precedent” is a distinction without a difference.

  8. @not that anonymous…

    “How long have you, already, taken this seriously?”

    The people who should be laughing this judge off the bench are not doing so. I have to take it seriously that they let this sham go forward. Will you still be laughing in a month if Flynn is still being railroaded?

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  9. @Thirdtwin May 15, 2020 at 3:05 pm

    > Will you still be laughing in a month if Flynn is still being railroaded?

    A month from now? As different from your month before?

    Uhm… yes, please.

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