Comments by "gary K" (@garyK.45ACP) on "Tom Fitton: Trump ‘needs to protect the Constitution and pardon General Flynn’" video.

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  3.  @antea9055  "Due process" refers to a process. It does NOT refer ONLY to whatever process you think it does, due to your lack of knowledge. The Supreme Court CAN NOT simply inject itself into a lower court process. Should they inject themselves in a speeding ticket? NO! Because there is no legal question for them to address. There must be a legal question for them to address. For that you have to have a previous ruling. The Supreme Court MUST be petitioned to opine and that petition CAN NOT be submitted until the aggrieved petitioner HAS a ruling TO question. There HAS BEEN NO RULING...and THAT is what all this about. So far. The current question is IF Sullivan CAN inject himself as a prosecutor. Does Sullivan have "standing" as a judge, to do so. There IS NO QUESTION about Flynn's guilt, because he has not been convicted of anything. IF the Appeals Court RULES against Flynn on the current question the case will be returned to Sullivan to MAKE A RULING (he has not made a ruling yet). IF Sullivan rules against Flynn, then Flynn can appeal it to the Appeals Court AGAIN. Flynn is currently NOT Appealing a RULING, he is appealing Sullivan's position to MAKE A RULING. This is a LONG WAY from being petitioned to the Supreme Court. That is how it works. I do not hear you complaining when this process benefits, for example, President Trump...such as with the tax cases. That said...most likely the DC Appeals Court will find against Sullivan, because both the DC Appeals Court AND the Supreme Court have already ruled on this question. That does NOT prevent Sullivan from asking the question. My guess is Flynn will be exonerated before Labor Day. HOWEVER...the Appeals Court MAY decide to allow Sullivan to follow previous rulings and exonerate Flynn. They may say..."Let's see if he does what he should". AND give him specific instructions on what the precedents are. The ONE judge of the three judge panel that dissented said exactly that. Flynn is claiming in his petition that Sullivan has clearly demonstrated he will NOT follow precedent and should be overruled by the Appeals Court. Flynn SHOULD NOT BE PARDONED before he WINS (he WILL win) UNLESS...and ONLY UNLESS...Trump loses the election. IF Trump loses the election, then he should pardon Flynn before he leaves office.
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  4.  @trombone79  No one will prosecute. But that is NOT the question before the Court at this time. Sullivan has not ruled on the case. This case regards Flynn's Writ of Mandamus which requested the DC Circuit Court (Sullivan's "Boss") to FORCE Sullivan to rule in Flynn's favor. The three judge panel GRANTED the Writ and ORDERED Sullivan to dismiss the case, citing precedent in both the DC Circuit and the Supreme Court. Sullivan then asked for the case to be reheard by the full DC Appeals Court, "en Banc". The Court could have denied his request and ordered him to dismiss OR remove him from the case and assign it to another judge...but they didn't. They decided to hear his arguments en Banc. The dissenting Judge of the three judge panel was of the opinion that Sullivan should be allowed to rule and THEN Flynn could appeal the case IF the ruling was against him. The dissenting judge suggested that the Writ was premature. IF a majority of other judges agree, then the case goes BACK to Sullivan to rule. If Sullivan does not dismiss the case (he still could) THEN Flynn would have to wait for Sullivan's ruling and appeal THAT through the process. And YES, it could take a long time. And YES, that is Sullivans goal, to TAKE a long time and FORCE President Trump to pardon Flynn which would allow Democrats, forever, to say "Flynn is guilty", it would prevent the corruption at the DOJ and FBI from being adjudicated and it would prevent Flynn from having grounds to SUE the government. He will most likely LOSE that also as there is solid precedent to support the Writ of Mandamus. DO NOT PARDON FLYNN!!!!!! Be patient, he WILL WIN.
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  17.  @chrisbarbera9680  All that would be well and good if Flynn were being tried for a crime. he isn't. There is no question of evidence of guilt or innocence before the court. Like many, (most) you misunderstand the proceeding. Flynn withdrew his guilty plea. There IS NO GUILTY PLEA. The government has declined to prosecute him. There IS NO PROSECUTION. There IS NO NEED for him to prove innocence. He is not even charged with a crime! Upon his withdrawal of the plea and the gov't declining to prosecute, the case should have been dismissed. The Judge (part of the cabal, you are correct) did not dismiss the case. The Judge did nothing and even suggested that he, the Judge, would prosecute Flynn! Flynn then filed a "Writ of Mandamus" to ask a superior court (DC Court of Appeals) to ORDER Sullivan to dismiss the case. Flynn "went over the head" of Sullivan to his "boss". The 3 judge panel of the DC Circuit granted the Writ and ORDERED Sullivan to dismiss the case. He did not. Instead he filed a motion for the Writ to be heard by the full DC Circuit. His motion was granted. There IS NO QUESTION if Flynn is innocent. That is not the purpose of the argument. He is not even being prosecuted or charged with a crime. Flynn has NEVER BEEN CHARGED with a crime. He plead guilty to a crime, the withdrew the plea before the plea was accepted by the court. THERE IS NO GUILTY PLEA! (guilty pleas are never "confessions" in any case). The question before the court is whether the Judge, ON HIS OWN, can proceed with a prosecution...without a prosecutor! He cannot. The role of prosecution lies in the Executive branch, the DOJ, not in the Judicial branch. Prosecution is an Article II power, NOT an Article III power, and the Constitution is clear on separation of powers. Both the DC Circuit and the Supreme Court have ruled that Judges CAN NOT do that. Again, this is a MOVE, a delaying tactic, by Sullivan. Nothing more. Regardless of the DC Circuit's political bent, it is inconceivable a majority of them would agree that Sullivan can prosecute a case on his own. Even the dissenting Judge of the three judge panel agreed to that. That Judge wanted to WAIT to allow Sullivan to issue the dismissal. That Judge felt a Writ of Mandamus was premature. But "Justice delayed is Justice denied" is a legal precedent. I sincerely doubt the majority of the court will decide "Let's see what he will do" when he has clearly shown in his actions his intent to delay justice. This court hearing is not even about Flynn, per se, it is about a Judge's role in the case.
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  34.  @mar-a-lagofbibug8833  Had a chance to read the ruling. I am guessing you did not. As I had stated, (see comments above) there was the possibility that the Circuit Court MAY return the case to the Federal Judge on the grounds that the Writ of Mandamus was premature. And that is what they did. NO WHERE has the Appeals Court stated that the case against Flynn should NOT be dismissed, but rather that it should be dismissed by the District Judge (Sullivan) and IF he does not do so, THEN the Circuit Court should issue a Writ of Mandamus. One of the remarkable things about the Writ in this case, is that it WAS issued prior to a ruling by the Federal District Court. It was done so on the belief that due to Sullivan's statements and actions that he would not do so. The full Appellate Court says: "Let's wait and see what he does" Now Sullivan can play his game a little longer. He will eventually have to rule, and if he fails to dismiss the case, THEN the Appeals Court will do so. As I noted many times, this action was NOT about Flynn, it was about Sullivan. Morals are NOT Statutes. There IS NO CRIME without a violation of a statute. Flynn was FIRED for his MORAL misbehavior in his job...that is the usual punishment for such things. Remember that the purpose of this action by Sullivan is an effort to provoke Trump to issue a pardon for Flynn. If Trump did that, the DOJ and FBI are off the hook and the Democrats can forever say "Flynn was guilty". Sullivan is attempting to protect the Obama appointees of the DOJ and FBI. Trump will not pardon Flynn at this time. The case is settled. The guilty plea has been withdrawn, the charges have been dropped, there are no pending charges against Flynn. The case WILL be dismissed. Flynn is not in jail, Flynn has pro bono legal representation from an excellent attorney. Flynn can wait. Trump can wait.
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