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The Media Keeps Claiming Crime Rates Are Falling.
They Lying, As Usual. Self-Proclaimed "Mary Poppins of Disinformation" and "Disinformation Czar" Nina "Stanky Janky" Jankowicz, Has a New Grifter Operation She'd Like the CIA to Donate To Axios Poll: Majority of Americans Open to Trump's "Harshest" Immigration Policy, "Mass Deportations;" 42% of Democrats Support This, and 45% of Latinos Shock: Pro-Hamas Smelly Filthy "Protesters" Turn Violent In Atlanta, Austin, and NYC THE MORNING RANT: Follow-Up to Post Regarding Reliance on Falsified Government Economic Data; Also ESG Investments Facing Major Outflows Mid-Morning Art Thread The Morning Report — 4/26/24 Daily Tech News 26 April 2024 Tonight's ONT IS On The Clock Good'ay Mate Cafe Absent Friends
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June 24, 2020
DC Circuit Court of Appeals Rules in Favor of Flynn, Directing Rogue #Resistance Judge Sullivan to Grant the Government's Motion to Dismss the ChargesDecision here. It was written by Rao and joined by Henderson. Wilkins, the Obama appointee who repeatedly injected Black Lives Matter agitprop into his hypotheticals, dissented. You may have heard that there were arguments about how large a role the judge is to have in cases of a motion to dismiss. Such motions are granted "by leave of the court" -- with the judge's permissions -- and yet the decision to charge, not charge, or dismiss is given entirely to the Executive. Rao's decision clarifies why "leave" is required in these cases: to protect the defendant from a harassing prosecution. Prosecutors will sometimes repeatedly indict someone for charges they cannot actually prove. Then they go to court to dismiss the indictment. Then they come back months later an indict again. And so on, and so on. Double jeopardy does not prevent this because jeopardy does not attach until there's actually the start of a trial -- when a jury is empaneled, jeopardy attaches. So the leave of the court provision exists so that the judge can protect a defendant from this sort of prosecutorial harassment -- the judge can refuse to dismiss, if the defendant objects to the dismissal. In that case the judge would be saying, "Either finally put on a case against this man or I will dismiss the charges, with prejudice, forever." Somehow Sullivan and the various #Resistance lawyers on Twitter and MSNBC and CNN have interpreted this limited power to protect a defendant from prosecutorial abuse as a license to conduct his own illegal prosecution, violating the Constitution by assigning Article II prosecution power to himself, an Article III judge. Sullivan (or his taxpayer-paid lawyer) repeatedly claimed "abuse of prosecutorial discretion" gave him authority to conduct his own prosecutor -- again, overlooking the fact that the abuse of prosecutorial discretion that was contemplated in the "with leave of the court" permission had to do with a vindictive prosecutor harassing the defendant. Sullivan turned this defendant-protecting clause into a license to bring his own slate of charges against a defendant. The court disagrees with this and said so:
The District Court ruled for Flynn on two of his motions: To dismiss the amicus hearing, and to order Sullivan to dismiss the charges. It ruled against him as far as getting his case reassigned to someone other than this God-complexed imbecile. But reassigning the case might have been a mercy to Sullivan -- now he's forced to dismiss the case himself. People are wondering if this idiot is going to show "defiance" (as Andy McCarthy called it, I think) to the District Court's order and still hold his own hearing (without amicus involvement). He is ordered to dismiss the case; but the court didn't specify "immediately." He could continue campaigning for his job as a CNN legal analyst by fulminating for several days about government abuse and who knows, maybe even nooses he saw on his tie rack. I'll post more as I read more of the decision. | Access Comments | Recent Comments
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The Media Keeps Claiming Crime Rates Are Falling.
They Lying, As Usual. Self-Proclaimed "Mary Poppins of Disinformation" and "Disinformation Czar" Nina "Stanky Janky" Jankowicz, Has a New Grifter Operation She'd Like the CIA to Donate To Axios Poll: Majority of Americans Open to Trump's "Harshest" Immigration Policy, "Mass Deportations;" 42% of Democrats Support This, and 45% of Latinos Shock: Pro-Hamas Smelly Filthy "Protesters" Turn Violent In Atlanta, Austin, and NYC THE MORNING RANT: Follow-Up to Post Regarding Reliance on Falsified Government Economic Data; Also ESG Investments Facing Major Outflows Mid-Morning Art Thread The Morning Report — 4/26/24 Daily Tech News 26 April 2024 Tonight's ONT IS On The Clock Good'ay Mate Cafe Search
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