President Obama Declares "There Is No Precedent That Anybody Can Find" For The Flynn Motion [He May Want To Call Eric Holder]

  
Via:  Vic Eldred  •  5 months ago  •  36 comments

By:   JONATHAN TURLEY

President Obama Declares "There Is No Precedent That Anybody Can Find" For The Flynn Motion [He May Want To Call Eric Holder]
Former President Barack Obama is being quoted from a private call that the "rule of law is at risk" after the Justice Department moved to dismiss the case against former national security adviser Michael Flynn. Obama reportedly told members of the Obama Alumni Association that "There is no precedent that anybody can find for someone…

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Former President Barack Obama is being quoted from a private call that the "rule of law is at risk" after the Justice Department moved to dismiss the case against former national security adviser Michael Flynn. Obama reportedly told members of the Obama Alumni Association that "There is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free." Without doubting the exhaustive search referenced by President Obama, he might have tried calling one "alum": former Attorney General Eric Holder. Holder moved to dismiss such a case based on prosecutorial errors in front of the very same judge, Judge Emmet Sullivan.

The Obama statement is curious on various levels. First, the exhaustive search may have been hampered by the fact that Flynn was never charged with perjury. He was charged with a single count of false statements to a federal investigator under 18 U.S.C. 1001. I have previously wrote that the Justice Department should move to dismiss the case due to recently disclosed evidence and thus I was supportive of the decision of Attorney General Bill Barr. Second, there is ample precedent for this motion even though, as I noted in the column calling for this action, such dismissals are rare. There is a specific rule created for this purpose. Federal Rule of Criminal Procedure 48(a) states the government may dismiss an indictment, information or complaint "with leave of the court." Moreover, such dismissals are tied to other rules mandating such action when there is evidence of prosecutorial misconduct or fundamental questions about the underlying case from the view of the prosecutors. I wrote recently about the serious concerns over the violation of Brady and standing court orders in the production and statements of the prosecutors in the case.

Third, there is also case law. In Rinaldi v. United States , 434 U.S. 22 (1977) which addressed precedent under Petite v. United States , 361 U.S. 529 (1960) dealing with the dangers of multiple prosecutions. There are also related cases in Bartkus v. Illinois, 359 U. S. 121 (1959), and Abbate v. United States, 359 U. S. 187 (1959). The Rinaldi decision involved a petitioner convicted of state offenses arising out of a robbery, who believed that the government should have moved to dismiss a federal offense arising out of the same robbery under the Department's Petite policy. The Court laid out the standard for such motions. The thrust of that controversy concerned double jeopardy and dual jurisdictions. However, the point was that the rule is key in protecting such constitutional principles and that courts should be deferential in such moves by the Department: "In light of the parallel purposes of the Government's Petite policy and the fundamental constitutional guarantee against double jeopardy, the federal courts should be receptive, not circumspect, when the Government seeks leave to implement that policy."

There are also lower court decisions on this inherent authority. For example, in the D.C. Circuit (where the Flynn case was brought), the ruling in United States v. Fokker Servs. B.V. , No. 15-3016 (D.C. Cir. 2016) reaffirms the deference to prosecutors on such questions. The Court noted that this deference extends to core constitutional principles:


"The Executive's primacy in criminal charging decisions is long settled. That authority stems from the Constitution's delegation of "take Care" duties, U.S. Const. art. II, § 3, and the pardon power, id. § 2, to the Executive Branch. See United States v. Armstrong, 517 U.S. 456, 464 (1996); In re Aiken Cnty., 725 F.3d 255, 262-63 (D.C. Cir. 2013). Decisions to initiate charges, or to dismiss charges once brought, "lie[] at the core of the Executive's duty to see to the faithful execution of the laws." Cmty. for Creative Non-Violence v. Pierce, 786 F.2d 1199, 1201 (D.C. Cir. 1986). The Supreme Court thus has repeatedly emphasized that"[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor's discretion." United States v. Batchelder, 442 U.S. 114, 124 (1979); see Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978). Correspondingly, "judicial authority is . . . at its most limited" when reviewing the Executive's exercise of discretion over charging determinations. . . . The Executive routinely undertakes those assessments and is well equipped to do so."

Fourth, there are cases where the Department has moved to dismiss cases on grounds of prosecutorial misconduct or other grounds touching on due process, ethical requirements or other concerns. One that comes to mind is United States v. Stevens where President Obama's own Attorney General, Eric Holder, asked the same judge in the Flynn case to dismiss that case. That was just roughly ten years ago. As with Flynn, there was an allegation of withheld evidence by prosecutors.

At the time of the motion Holder declared "The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis." What is obvious is the new guidelines issued at the time were honored in the breach during the Flynn prosecution.

While people of good faith can certainly disagree on the wisdom or basis for the Flynn motion, it is simply untrue if President Obama is claiming that there is no precedent or legal authority for the motion.

The rare statement by President Obama is also interesting in light of the new evidence. As I discussed in a column this morning in the Hill newspaper, the new material shows that Obama was following the investigation of Flynn who he previously dismissed from a high-level position and personally intervened with President Donald Trump to seek to block his appointment as National Security Adviser. Obama reportedly discussed the use of the Logan Act against Flynn. For a person concerned with precedent, that was also a curious focus. The Logan Act is widely viewed as unconstitutional and has never been used to successfully convicted a single person since the early days of the Republic. Now that is dubious precedent.


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Jonathan Turley


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Vic Eldred
1  seeder  Vic Eldred    5 months ago

I just couldn't let this go.... The radical former president must be getting nervous!



Trump is off topic

 
 
 
bugsy
1.1  bugsy  replied to  Vic Eldred @1    5 months ago

He knows. He knows the cards are falling all around him.

Even though texts from Page and her lover clearly stated that the White House wanted to be kept up to speed on what they were doing or that certain directions came directly from the WH, the media has by and large ignored that. However, more is coming out that more than likely Obama himself was running things, as highlighted by Sally Yates being surprised Obama knew what was going on about Flynn before she did, and the media will be in a position that they HAVE to start covering these things.

Now, more than likely, he will not be indicted for anything. There are plenty of his minions that will fall on the sword for him.

 
 
 
Vic Eldred
1.1.1  seeder  Vic Eldred  replied to  bugsy @1.1    5 months ago
He knows. He knows the cards are falling all around him.

He was strangely silent for so long....


Even though texts from Page and her lover clearly stated that the White House wanted to be kept up to speed on what they were doing or that certain directions came directly from the WH, the media has by and large ignored that. However, more is coming out that more than likely Obama himself was running things, as highlighted by Sally Yates being surprised Obama knew what was going on about Flynn before she did, and the media will be in a position that they HAVE to start covering these things

Yes Sir


Now, more than likely, he will not be indicted for anything.

Nope, it's hard to get him for placing land mines.


There are plenty of his minions that will fall on the sword for him.

Ideologues will gladly take the bullet. There is also that little thing that has always made Obama untouchable.

 
 
 
bugsy
1.1.2  bugsy  replied to  Vic Eldred @1.1.1    5 months ago
He was strangely silent for so long....

I've always thought the same thing. Now we are probably learning why.

He more than likely knew about Tara Reade and her accusations. He probably figured that if he stayed on the down low, it will simply blow over, especially since his surrogates are out saying the accusations have been debunked or even that though she should be believed, and what she is saying is probably true, to them it is more important to get rid of OMB.

He also knew that folks were getting close to learning the truth about how much he knew and directed about Flynn. He figured that if he spoke out about anything, the spotlight would be on him and we probably would have learned what we know today much earlier.

Since everything is now coming out, he has to go on the defensive to save himself and his failed legacy.

 
 
 
Vic Eldred
1.1.3  seeder  Vic Eldred  replied to  bugsy @1.1.2    5 months ago

He hoped & waited...He is after all a master politician. He remained silent while people like Susan Rice tried to cover the tracks. The Flynn case was a major revelation. It will shape the history books on the Obama years.

It looked for the longest time like they were going to get away with it.

 
 
 
The Magic Eight Ball
1.2  The Magic Eight Ball  replied to  Vic Eldred @1    5 months ago
The radical former president must be getting nervous!

getting caught spying on and trying to remove a duly elected president should make anyone nervous.

treason only pays well if ya succeed

. obama did not succeed so now he will pay the piper his due

 

 
 
 
Vic Eldred
1.2.1  seeder  Vic Eldred  replied to  The Magic Eight Ball @1.2    5 months ago
obama did not succeed so now he will pay the piper his due

Magic, he will get it in the history books!

 
 
 
Release The Kraken
2  Release The Kraken    5 months ago

Oh no, Flynn's first law firm is where they have been hiding Eric Holder. They advised him to plea, all the while working for the DOJ and purposefully giving him poor legal advice.

Super Attorney Sidney Powell is going to sue them and win, then she is planning to sue every Obama official that under oath said there was nothing there and then lied on the Russian Collusion 24/7 networks.

Flynn is about to be a Billionaire.

 
 
 
XDm9mm
2.1  XDm9mm  replied to  Release The Kraken @2    5 months ago
Oh no, Flynn's first law firm is where they have been hiding Eric Holder. They advised him to plea, all the while working for the DOJ and purposefully giving him poor legal advice.

Not only will Flynn sue and very likely be victorious against the collective firm, I believe he will have multiple personal victories against individuals involved.

Hopefully, once he has drained their bank accounts, he will be victorious in having their law licences revoked.  That would be the icing on the cake.

 
 
 
Release The Kraken
2.1.1  Release The Kraken  replied to  XDm9mm @2.1    5 months ago

Clear cut cases of defamation, an attorneys dream. I under oath saw nothing, not a thing, on MSNBC, he colluded with Russia and I saw the proof.

 
 
 
Vic Eldred
2.2  seeder  Vic Eldred  replied to  Release The Kraken @2    5 months ago

I'll be satisfied if he is reinstated as National Security Advisor and then makes good on his promise to rebuild the intelligence agencies

 
 
 
XDm9mm
2.2.1  XDm9mm  replied to  Vic Eldred @2.2    5 months ago
rebuild the intelligence agencies

That would mean essentially eviscerating all of them and rebuilding from scratch.   While there are a good number of very dedicated people there, there are multitudes that are pure political hacks, and of course those that simply show up put in the time and collect a paycheck.

Cleaning them all out would be a herculean project that I don't believe anyone is actually up to the task to accomplish.  Unfortunately.

 
 
 
Vic Eldred
2.2.2  seeder  Vic Eldred  replied to  XDm9mm @2.2.1    5 months ago
Cleaning them all out would be a herculean project that I don't believe anyone is actually up to the task to accomplish.  Unfortunately.

Let's just say Michael Flynn has now been INSPIRED to try it!

 
 
 
XDm9mm
2.2.3  XDm9mm  replied to  Vic Eldred @2.2.2    5 months ago
Let's just say Michael Flynn has now been INSPIRED to try it!

With that I can certainly agree.   I'd be willing to volunteer and know a large number of others that would also be willing to help in the endeavor.  The best part is we all still have the requisite clearances to dig deep and find the roots.

 
 
 
Vic Eldred
2.2.4  seeder  Vic Eldred  replied to  XDm9mm @2.2.3    5 months ago

I hear ya!

 
 
 
XDm9mm
3  XDm9mm    5 months ago

Unfortunately, while his actions were detestable, I seriously doubt Obama will ever be charged with anything.   As President, he does have extensive oversight and leeway as to the goings on around him.

However, having said that, if it comes out that he has some of that good old "Watergate" type of operations that he was either knowledgeable of or directing, all bets are off.

The most that will likely come of this is that he will go down in history as one of if not the most corrupt President this country has ever endured.   That will be an asterisk by his name that will be in bold and highlighted colors.

 
 
 
The Magic Eight Ball
3.1  The Magic Eight Ball  replied to  XDm9mm @3    5 months ago
 As President, he does have extensive oversight and leeway as to the goings on around him.

treason is not one of those things.

if obama is not held accountable it is only a matter of time until it all happens again. that can not be allowed to happen

to send a clear message that treason is not OK many people have to go to jail. including  biden and obama 

however, the top traitors will probably not be prosecuted until after the election in nov.

little fish get caught first and then the big fish get put in the boat

 
 
 
XDm9mm
3.1.1  XDm9mm  replied to  The Magic Eight Ball @3.1    5 months ago
treason is not one of those things.

Agreed.   But to be fair, treason should be a very high bar to prove as it's a very possible death penalty offense.

However, there will be multitudes of adoring minions that will likely fall on their swords to shield him.  BUT, they might find that silver lining by throwing Biden under the bus to save Obama!!  Wouldn't THAT be an October surprise!!

 
 
 
The Magic Eight Ball
3.1.2  The Magic Eight Ball  replied to  XDm9mm @3.1.1    5 months ago
However, there will be multitudes of adoring minions that will likely fall on their swords to shield him. 

they will volunteer to take the fall for treason?   not likely, but I guess it is possible.

my bet is...   they make a deal to save their asses

256

 
 
 
Release The Kraken
3.1.3  Release The Kraken  replied to  The Magic Eight Ball @3.1.2    5 months ago

They won't have to say it, declassified documents show it.

 
 
 
XDm9mm
3.1.4  XDm9mm  replied to  The Magic Eight Ball @3.1.2    5 months ago
they will volunteer to take the fall for treason? 

Hell no.   Clapper is simply an ass kisser.   Brennan was despised as a CIA staff officer because he was a back stabbing scumbag of epic proportions.  He'd sell out anyone if he thought it would benefit him, hell even if it didn't.  As Director, he was even worse, but he surrounded himself with ass and boot lickers as cover for his shit.

I had the pleasure of working at DIA for a few months while Flynn was the boss.   I never had the opportunity to meet him, but he had a stellar reputation among the 'worker bees'.  Much like Hayden had a great rep at CIA.  He was unique in that Hayden would on occasion come to the main dining room and sit with some of the staff and contractors and ask them how things were going and what they thought could be done to improve things to make life better for the workers.  I had the pleasure of having a couple of breakfasts with General Hayden.  I always found the higher the rank, the easier they were to speak with....  they had nothing to prove to get any higher I guess!!  Oh, and Hayden had some GREAT jokes, I only wish I could remember them!

 
 
 
squiggy
4  squiggy    5 months ago

watching511.jpg

 
 
 
squiggy
5  squiggy    5 months ago

it-is-time268.jpg

 
 
 
It Is ME
6  It Is ME    5 months ago

"There is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free."

I thought Obama was all about "CHANGE" ? jrSmiley_97_smiley_image.gif

 
 
 
Jeremy Retired in NC
6.1  Jeremy Retired in NC  replied to  It Is ME @6    5 months ago

Wasn't it "Hope and Change"?  Seems he was HOPING he wouldn't get caught as he tried to CHANGE who the duly elected President would be that followed his travesty of an administration.

 
 
 
It Is ME
6.1.1  It Is ME  replied to  Jeremy Retired in NC @6.1    5 months ago
Seems he was HOPING he wouldn't get caught as he tried to CHANGE who the duly elected President would be that followed his travesty of an administration.

Yep. jrSmiley_13_smiley_image.gif

 
 
 
bugsy
7  bugsy    5 months ago

this-stupid-lady-already.jpg

 
 
 
Jasper2529
7.1  Jasper2529  replied to  bugsy @7    5 months ago

Leave it to Omar to pull out her stupid race card again.

 
 
 
bugsy
7.1.1  bugsy  replied to  Jasper2529 @7.1    5 months ago

Didn't she just marry the white dude she was having an affair with?

I wonder what she feels about his white privilege?

 
 
 
Release The Kraken
7.1.2  Release The Kraken  replied to  bugsy @7.1.1    5 months ago
I wonder what she feels about his white privilege?

She considers it a privilege to take it in her hoo hoo while still married.

 
 
 
bugsy
7.1.3  bugsy  replied to  Release The Kraken @7.1.2    5 months ago

Yuck....not with a hundred foot pole.

No one knows for sure where it's been.

 
 
 
Jasper2529
8  Jasper2529    5 months ago

Once again, Professor Turley proves that he is far more knowledgeable than Obama, who many claimed was a "constitutional scholar" and "law professor".

 
 
 
MAGA
8.1  MAGA  replied to  Jasper2529 @8    5 months ago

Obama was an anti constitution scholar.  

 
 
 
JBB
9  JBB    5 months ago

As if Mike Flynn were not a paid agent of Turkey...

 
 
 
Jasper2529
9.1  Jasper2529  replied to  JBB @9    5 months ago

So you still believe Comey, McCabe, and Mueller even though everything has been debunked? LOL!

 
 
 
squiggy
9.2  squiggy  replied to  JBB @9    5 months ago
paid agent of Turkey

I'll trade you one of those for two lab-engineered covids.

 
 
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