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Amicus Brief, Update V (Patreon)

Published:
2020-06-09 01:14:27
Imported:
2022-10

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Content

We're nearly there!  As always, thoughts, concerns, criticisms, pedantry are all appreciated and YES we have incorporated patron suggestions in this draft!

Are you as excited as I am??!?

Comments

Anonymous

Hi Andrew, I'm reading the doc now and the first thing I've come upon is the following sentence "... reason to suspect that a politicallly-connected defendant may have colluded..." My question is this: Is 'collusion' the standard we should be going for here? Shouldn't it be colluded or that DOJ attorneys are doing a political favor for the president? I'm not sure of exactly what I'm going for here, but I think proving collusion to deny the motion seems a high bar and I'm not sure that rule 48(a) requires collusion.

Anonymous
>>38362097

Again, sorry Not a Lawyer here, but 'collusion' seems like a high bar.

Anonymous

In the paragraph beginning 'Here, the public has an obvious interest in seeing that criminals are punished...' It seems to me that the primary interest in seeing Gen. Flynn convicted of this crime is the fact that he made material misstatements to the FBI while they were conducting an investigation. Thus allowing him to go free would undermine the central basis of our law enforcement system. If the government is now saying that it wasn't material, I think that is something the court should consider because the lies actually were with regard to the central point of the investigation. (sorry, not a lawyer, but it seems that this should be central to whether or not to dismiss under 48(a) even if the court accepts the reasoning of the 9th circuit.

Anonymous
>>38363924

The government's position in EVERY OTHER case I know anything about is that material misstatements to the FBI is a serious crime and as such they deserve prosecution and conviction. What is different here? The only way to find out is via a hearing called by the Judge.