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Tue Jan 14, 2020, 10:54 PM

Stop!!,something's fishy, these breadcrumbs are too easy to follow, Flynn asked for a jury trial,how

long will that take, and he is out on bail

15 replies, 1016 views

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Response to Demonaut (Original post)

Tue Jan 14, 2020, 10:59 PM

1. My bet is that the Judge does not allow withdrawal of the guilty plea.

Federal criminal law isn't my area and I don't know anything about the Judge in the case, but that's my bet.

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Response to TomSlick (Reply #1)

Tue Jan 14, 2020, 11:01 PM

2. I heard it was automatic if requested as it's a federal crime

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Response to Demonaut (Reply #2)

Tue Jan 14, 2020, 11:03 PM

4. No, it's not automatic - far from it.

These motions are usually unsuccessful.

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Response to Demonaut (Reply #2)

Tue Jan 14, 2020, 11:19 PM

5. All I know is what I read in the Federal Rules of Criminal Procedure.

Rule 11(d)(2)(b) allows a guilty plea to be withdrawn if "the defendant can show a fair and just reason for requesting the withdrawal."

In my opinion, from reading the pleading asking to withdraw the plea, that hurdle was not been cleared. A guilty plea is accepted only after the defendant makes a sworn statement in a providence inquiry in which s/he admits to the factual basis for the plea.

In my experience, federal judges ain't looking for more work. A judge would not be pleased to have a criminal defendant attempt to withdraw a guilty plea.

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Response to TomSlick (Reply #5)

Tue Jan 14, 2020, 11:20 PM

6. this is high profile, not a traffic ticket

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Response to Demonaut (Reply #6)

Tue Jan 14, 2020, 11:31 PM

8. True but the Rules make no distinction based on the seriousness of the offense.

The rules equally apply irrespective of the seriousness of the offense or whether it is "high profile." The federal judges before whom I appear, albeit in civil cases, don't seem to much care how "high-profile" a case may be.

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Response to TomSlick (Reply #8)

Tue Jan 14, 2020, 11:36 PM

9. this is VERY high profile, not a lazy or "too busy" excuses, they still bend to public opinion

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Response to Demonaut (Reply #9)

Tue Jan 14, 2020, 11:41 PM

12. Perhaps. As I say, I don't know the judge in this case.

That being said, the federal judges I appear before don't give a hoot-in-hell about anyone's opinion but their own and those of the judges in the circuit court of appeals.

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Response to Demonaut (Original post)

Tue Jan 14, 2020, 11:02 PM

3. It's not likely that he will get one. It's very difficult to withdraw a guilty plea,

especially if the defendant has been sentenced and if a considerable amount of time has elapsed between the plea and the motion to withdraw it. Flynn admitted under oath that he committed all elements of the offense when he pled guilty months ago, so he can hardly turn around now and claim he's innocent. I'd bet he's holding out for a pardon before he has to do any jail time.

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Response to The Velveteen Ocelot (Reply #3)

Tue Jan 14, 2020, 11:21 PM

7. i think you have this one pegged.

My bet is that a day after the election - whoever wins - Trump will issue a raft of pardons.

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Response to The Velveteen Ocelot (Reply #3)

Tue Jan 14, 2020, 11:38 PM

10. that's why a trial would be granted, for justice not speed

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Response to Demonaut (Reply #10)

Tue Jan 14, 2020, 11:40 PM

11. No, The judge won't let him withdraw the plea. Really.

It almost never happens.

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Response to The Velveteen Ocelot (Reply #3)

Tue Jan 14, 2020, 11:45 PM

13. Barn McQuade was on Rachel tonight

And she said it would take a lot to get a judge to do this. And this judge is not happy with Flynn.

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Response to leftieNanner (Reply #13)

Tue Jan 14, 2020, 11:47 PM

14. Exactly. It won't happen. Flynn is trying to delay going to jail

until His Lardship pardons him.

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Response to The Velveteen Ocelot (Reply #14)

Wed Jan 15, 2020, 12:22 AM

15. Precisely

Let's hope that The Orange One gets so busy with his trial etc and forgets to give Flynn a pardon.

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