Video Creator’s Channel Nate The Lawyer

When Judges Start Making Rulings Based On Politics

instead of the law, we then have a problem. My name is Nathan, lawyer and welcome to the firm Now I’m, a former cop, former prosecutor and currently a licensed attorney Now if you’re new to the firm Don’t forget to like this video share this video and subscribe to the channel, so let’s get into it. Let’s talk about Michael Flynn so let’s start with the background. We got to know how we got to where we’re at today now. Michael Flynn is the former National Security advisor for the Trump administration now.

On December 1St 2017, Michael Flynn And

special counsel Robert Mueller agreed to a plea bargain in the U.s District Court of the District of Columbia. Now in that agreement, Michael Flynn pleaded guilty to making willfully and knowingly false statements to the fbi making both fictitious and. fraudulent statements Now I think it’s important to actually read what Mike Flynn agreed to so here is Mike Flynn’s acceptance of the play agreement. It says I have read every page of this agreement and have discussed it with my attorneys.

I Fully Understand This Agreement And Agree

to it without reservation. I do this voluntarily on my own free will intending to be legally bound. No threats have been made to me. Nor am I under the influence of anything that could impede my ability to understand this agreement Fully. I am pleading guilty because I am in fact guilty of the offense identified in this agreement.

I Reaffirm That Absolutely No Promises Agreements

understandings or conditions have been made or entered into in connection with my decision to plead guilty except those set forth In this agreement. I am satisfied with the legal services provided by my. Attorneys in connection with this agreement and matters related to it signed Lieutenant General Michael T Flynn defended so Michael Flynn pleaded guilty and was a convicted felon at that time. His case was then put on for sentencing now. On December 18 2018, during the sentencing hearing in front of a new judge Judge Sullivan Flynn restated and reaffirmed his guilty plea and acknowledged to judge Sullivan that he was guilty beyond any doubt and Flynn even went on to acknowledge to Judge Sullivan that he was aware that lying to federal investigators was a crime.

When He Initially Lied And Mike

Flynn restated in his guilty play that he was aware that lying to federal investigators was a crime at the time that he actually lied to them now. During that hearing, judge Sullivan said Quote arguably, you Mr. Flynn sold out your country then judge Sullivan went. On to warn Flynn that I cannot assure you that if you proceed today, you will not receive a sense of incarceration, so he offered Flynn an opportunity an opportunity to continue to cooperate with the federal government in hopes that judge Sullivan would not give him a sentence of incarceration. So judge Sullivan offered to delay sentencing to allow Flynn to continue to cooperate with the government and Flynn accepted that offer now.

At This Point Flynn Is Absolutely Guilty.

He’s a convicted felon just as if a jury had found him guilty and the only thing we have to do is sentence him how much time is he going to get at this point in time. I got to stop preaching and start teaching so let’s talk about phases of a criminal trial. This is going to be a quick and dirty explanation. Now a criminal truck can.

Be Separated Into Two Phases.

The guilt phase and the sentencing phase now. In the guilt phase, the prosecutor has discretion to bring charges into prosecute offenders right. The prosecutors can even stop investigating and stop prosecuting. This is known as prosecutorial discretion now.

During The Guilt Phase.

The prosecutors can exercise that discretion whenever they choose now. The guilt phase or the attempt of the government to prove the defendant guilty ends at the actual verdict, whether the defendant is guilty or not When the verdict is handed down either guilty or not guilty. Then the prosecutorial discretion ends at that particular point. In time, the prosecutors have already proved the defendant guilty or the defendant was acquitted whichever one comes first now if and only if the defendant is found guilty, then the criminal trial moves into the next phase, which is the sentencing phase now at sentencing.

The Court Has Jurisdiction To Give The

defendant whatever time the court chooses to give based on some standards and principles simply put the judge determines the punishment after a defendant has been convicted. The prosecutor can’t just drop the charges that doesn’t make any sense. All the prosecutors can do at sentencing is recommend variety of sentences, but at no way is the judge bound by the prosecutor’s recommendation they’re just not all the prosecutor can do is attempt to convince the judge to give the defendant either a harsher sentence or a lighter sentence, but at the end of the day it’s up to the judge and if the prosecutors don’t even show up to sentencing it still doesn’t matter because the judge is the one who determines what the sentence is so there is no prosecutorial discretion at this time now this is why even in plea. agreements during sentencing the prosecutor’s recommendations are just that their recommendations now remember this. In the flint case, the prosecutors were recommending no jail time and Judge Sullivan was saying that’s not going to happen based on what I have in front of me at the sentencing phase of the trial something interesting happened in this case.

In The Flynn Case, The Government Made A

motion to drop the charges and then the government claimed to have the authority to drop the charges based on prosecutorial discretion. Now judge Sullivan entertained a motion to determine if the government had authority to drop the charges based on prosecutorial discretion. But Jude Sullivan asked a couple of very very interesting legal questions that have to be resolved number one. What do you do about the guilty play because that guilty plea is now perjury. Flynn is saying he didn’t do it flynn.

Is Saying Hes Innocent.

Flynn wants to withdraw that guilty plane, but he said it under penalty of perjury Did he just commit perjury. The second problem that you’d have is well by lying to the court twice. Flynn is in contempt of court. You can’t just lie and deceive the court that’s known as contempt of coin you Don’t need a prosecutor for that the judge himself can just hey the defendant’s in contempt what do you do about that does that not matter to get around this problem? Flynn and the government went to the court of appeals and asked the Court of Appeals to order Judge Sullivan to dismiss the case now.

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When I First Heard This I Thought

it was laughable. I didn’t think that they would issue an order of man demons not based on prosecutorial discretion why because it’s ridiculous it’s a ridiculous argument. Essentially what they’re doing is asking the court of appeals to overturn a conviction based on prosecutorial discretion and lo and behold two Republican judges One. A trump appointed judge who actually wrote the opinion ruled that flint’s case should be dismissed and ordered the federal judge to dismiss the case essentially allowing the prosecutor to overturn a conviction based on prosecutorial discretion. This ruling was so bad and so adverse to law that the follow kills court the Philippines court vacated it.

They Didnt Stay It They Didnt Put On

hold they vacated it that’s how bad. This ruling is that’s how bad it was on the law that’s how political it was this judge judge rau. The trump appointed judge made a ruling based on politics and not on the law. It was one of the worst rulings that could have ever been written and that’s why they. vacated it and the full appeals court is going to re-hear that’s case now.

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Some People Are Talking About New Evidence

in the case and possible brady violations, but that’s not part of the legal issue that’s all politics that’s all what people want to tell you to try to convince you that flint should just be let go that’s political spirit let’s talk about the facts and the law and right now the issue in front of the court of appeals is whether Bill Barr and his Justice department can overturn convictions based on prosecutorial discretion. I don’t care what anybody else is telling you that’s what this case is about that’s what’s going to be decided now just to nail everything home here’s Fox news explaining what the issues are in this case now mind you. This is Fox news’s news arm so they are very very good. The facts so listen to what they say today? The D. c Circuit Court of Appeals announced the full court will hear the case of the Department of Justice’s decision to drop charges against President Trump’s, former National Security adviser a three-judge panel of the D.

C Circuit Had Earlier Upheld The Dojs

decision to dismiss Flynn’s case the original trial judge Emmett Sullivan appeared vehemently opposed to Attorney General Barr’s decision to drop the charges. His argument was that in dismissing them. Barr interfered in what was the court’s territory that if Flynn didn’t like the court’s decision he could simply file an appeal taking on a polar opposite view. Attorney General Buyer believed that judge Emmitt Sullivan was intruding into the Department of Justice‘s Territory here. He is the argument is that it’s always been understood that decisions whether pursue an individual through the prosecution process or holding them criminally.

Is That Invested In The Executive

branch and not the courts and he is essentially in our view trying to set himself up as an alternative prosecutor. So now a panel of 10 of the 11 judges who make up the D. c circuit judge circuit court I should say will hear arguments on August 11th. The issue is simple. I think the court should and will rule in Sullivan’s favor not because of any politics but because of the law now Sullivan could rule in flint favor and then if Flynn doesn’t like it He can then appeal but at least he’s got a rule first so let me know what you think should the prosecutor be able to overturn convictions based on prosecutorial discretion Should flynn be held in contempt of court for lying under oath twice.

Let Me Know In The Comment Section

let me know if you. disagree with me how I could be wrong now If you’ve made it to this part of the video. Do me a favor hit the like Button share this video and if you’re not a sub i’d appreciate you subbing to the channel. My name is Nate, lawyer Youtuber and I’m outta here peace.

Summary

Michael Flynn pleaded guilty to making willfully and knowingly false statements to the fbi making both fictitious and fraudulent statements . When judges start making rulings based on politics instead of the law, we then have a problem . Nathan, a former cop, former prosecutor and currently a licensed attorney, explains how we got to where we’re at today now. He says he fully understands this agreement and agree to it without reservation. No threats have been made to me. Nor am I under the influence of anything that could impede my ability to understand this agreement Fully.& I am pleading guilty because I am in fact guilty of the offense identified in this agreement. I reaffirm that absolutely no promises agreements agreements understandings or conditions have been . made or entered into in connection with my decision to plead guilty except those set forth In this agreement . Nathan says he is satisfied with the legal services provided by my.& Attorneys in connection to the agreement and matters related to it signed Lieutenant General Michael T Flynn defended so Michael Flynn…. Click here to read more and watch the full video