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8 Jun 2020, 5:35 pm by Jonathan H. Adler
At the same time, Margulies suggests that if the Justice Department were to forthrightly claim that it wanted to dismiss the charges as a matter of prosecutorial discretion, it would be a difficult motion to deny. the motion to dismiss ignores the entire context and premise of the Russia probe. [read post]
6 Jun 2020, 2:20 pm by Solomon L. Wisenberg
The statute requires that the false statement be material to a matter within the jurisdiction of a federal agency or department. [read post]
6 Jun 2020, 7:16 am by Elliot Setzer
Circuit to force Sullivan immediately to dismiss the prosecution of Flynn. [read post]
5 Jun 2020, 3:00 am by Jim Sedor
A defense lawyer for Flynn had asked the appellate panel to issue a so-called writ of mandamus ordering the judge to immediately dismiss it without letting him complete an assessment. [read post]
4 Jun 2020, 4:01 pm
The presidential pardon power is almost entirely a matter of presidential discretion. [read post]
2 Jun 2020, 9:01 pm by Jeffrey Morris and Rodger Citron
As the Flynn case is a criminal matter, those cases receive most consideration here.Even though he served as a prosecutor, Gleeson cannot be characterized as pro-prosecution or pro-police. [read post]
24 May 2020, 4:12 am by SHG
So it’s rather astounding that Michael Flynn has become the poster boy for “injustice. [read post]
22 May 2020, 10:13 am by Elliot Setzer
The circuit court also offered the Justice Department a chance to discuss the matter by the same deadline. [read post]
16 May 2020, 3:55 am by SHG
I won’t entertain anyone questioning Gleeson’s integrity or qualifications, no matter what some lunatic told you about him. [read post]
15 May 2020, 1:14 pm by NCC Staff
An Attack on a Fundamental Principle of Justice By Paul Rosenzweig, Senior Fellow, R Street Institute Paul Rosenzweig writes that while prosecutorial discretion is normally a good thing, Attorney General Bill Barr’s decision to drop charges against Michael Flynn undermines the rule of law. [read post]
14 May 2020, 6:55 am by Paul Cassell
In its dismissal motion, the Government explained its view that continuing the case against Flynn "would not serve the interests of justice" because it was no longer able to prove, beyond a reasonable doubt, that any statement by Flynn was "materially" false with respect to a matter under investigation. [read post]
12 May 2020, 5:00 pm
She told The New York Times: “You know, your constitutional rights don’t really matter right now,… Right now, we’re putting parts of the Constitution on hold. [read post]
12 May 2020, 11:52 am by Margaret Taylor
Supreme Court jurisprudence requires that Congress, as a matter of policy, protect Americans from warrantless collection of their web browsing and internet search history. [read post]
8 May 2020, 3:50 pm by Robert S. Litt
Interviewing Flynn was justified under either of those matters, and his lies about his activities were material to them. [read post]
8 May 2020, 6:47 am by Rebecca Salamacha
Flynn, the evidence shows his statements were not “material” to any viable counterintelligence investigation—or any investigation for that matter—initiated by the FBI. [read post]
8 May 2020, 3:43 am by SHG
Because we’re not Flynn. [read post]
7 May 2020, 9:15 pm by Sandy Levinson
 Flynn, of course, pleaded guilty to violating what is undoubtedly a valid criminal statute. [read post]
The government’s argument hinges on the notion that Flynn’s December 2016 phone call with Kislyak—in which Flynn advised the Russian government not to respond to sanctions newly issued by the Obama administration in response to Russian election interference—was, fundamentally, not a matter of concern. [read post]