General Flynn case amicus brief filed by Trey Gowdy et al May 28, 2020, “court lacks discretion to deny a rule 48 motion to which the defendant consents”

General Flynn case amicus brief filed by Trey Gowdy et al May 28, 2020, “court lacks discretion to deny a rule 48 motion to which the defendant consents”

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

 

From the

BRIEF OF FEDERAL PRACTITIONERS AS AMICI CURIAE

filed by Trey Gowdy May 28, 2020.

“INTEREST OF AMICI CURIAE
Amici curiae are a bipartisan group of attorneys with extensive experience in
the federal court system, including many who practice criminal law in this and
other federal courts. Some were prosecutors, government attorneys, or judges.
They have an interest in: (1) the proper application of Fed.R.Crim.P 48 in light of
Separation of Powers principles, and (2) the potential triggering of a contempt
proceeding for perjury in cases where a client moves to withdraw a guilty plea or
in cases, civil or criminal, where a client provides testimony which a court may
consider to be false.

“ARGUMENT
I. THE COURT LACKS DISCRETION TO DENY A RULE 48 MOTION
TO WHICH THE DEFENDANT CONSENTS
The issue presented in this case is whether the court has discretion to deny a
motion to dismiss to which the defendant consents, as Gen. Flynn has done here.
The answer is no. Rule 48 must be construed in light of the Constitutional
separation of powers. The D.C. Circuit has done so and has concluded that “the
‘leave of court’ authority gives no power to a district court to deny a prosecutor’s
Rule 48(a) motion to dismiss charges based on a disagreement with the
prosecution’s exercise of charging authority.” U.S. v. Fokker Services B.V., 818
F.3d 733, 742 (D.C. Cir. 2016).

“Rule 48 provides that “[t]he government may, with leave of court, dismiss
an indictment, information, or complaint.” “The words ‘leave of court’ were
inserted in Rule 48(a) without explanation.” Rinaldi v. United States, 434 U.S. 22, 29 n. 15 (1977).3”

“A. The constitutional separation of powers precludes a court from
overriding a prosecutor’s decision to dismiss a prosecution.
Since its 1977 decision in Rinaldi, the Supreme Court has ruled that “an
agency’s decision not to prosecute or enforce, whether through civil or criminal
process, is a decision generally committed to an agency’s absolute discretion.”
Heckler v. Chaney, 470 U.S. 821, 831 (1985). The Court has cautioned that “the
decision to prosecute is particularly ill-suited to judicial review. Such factors as the strength of the case, the prosecution’s general deterrence value, the Government’s enforcement priorities, and the case’s relationship to the Government’s overall enforcement plan are not readily susceptible to the kind of analysis the courts are competent to undertake.” Wayte v. United States, 470 U.S. 598, 607 (1985).
These decisions effectively overrule Cowan and Ammidown.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.212.4_1.pdf

Exhibit A
List of Amici Curiae
1
Dan Backer Federal trial and appellate lawyer
Roy Barrera, Jr. Federal trial and appellate lawyer
Robert J. Bittman Federal trial and Appellate lawyer
Former Deputy Independent Counsel – Whitewater
John Stuart Bruce Federal trial and appellate lawyer
Former (The) United States Attorney, EDNC
Jackie Bennett Federal trial lawyer
Former Deputy Independent Counsel – Whitewater
Former DOJ Attorney (Public Integrity Section)
Former Assistant United States Attorney, SDIN
Margot Cleveland Retired career federal law clerk (7th Circuit)
Ronald D. Coleman Federal trial and appellate lawyer
Eric Evenson Former Assistant United States Attorney, EDNC
Former Chief – Organized Crime/Drug
Enforcement Tas Force, EDNC
Jack C. Frels Former Assistant United States Attorney, SDTX
Former Chief – Criminal Division, SDTX
Former Assistant United States Attorney, WDTX
Former Chief OCDETF/Narcotics Section, WDTX
Chris K. Gober Federal trial lawyer

Steven D. Gordon Federal trial and appellate lawyer
Former Assistant United States Attorney, DDC
Former Chief of Felony Trial, DDC
Trey Gowdy Former Assistant United States Attorney, DSC
Robert Harvey Federal trial and appellate attorney
Former Judge Advocate General, USN
Kenneth Julian Federal criminal trial attorney
Former Assistant United States Attorney, CDCA
Former Deputy Chief, CDCA
Joseph T. Knott, III Federal trial and appellate lawyer
Former Assistant United States Attorney, EDNC
Douglas McCullough Retired Judge, NC Court of Appeals
Former Assistant United States Attorney, EDNC
Former Acting United States Attorney, EDNC
Marina Medvin Career criminal defense attorney
John M. Reeves Federal trial and appellate lawyer
Former Missouri Assistant Attorney General
Wayne A. Rich, Jr. Former (The) United States Attorney, SDWV
Former Principal Deputy Director of the Executive
Office of the United States Attorneys
Former Military Judge, Col USMCR (ret.)

John P. Rowley, III Federal trial and appellate lawyer
Former Assistant United States Attorney, EDVA
Kevin H. Sharp Federal trial and appellate lawyer
Former United States District Judge, MDTN
William Shipley Federal criminal trial and appellate lawyer
Matthew H. Simmons Federal trial and appellate lawyer
Kenneth W. Starr Former Solicitor General of the United States
Former Independent Counsel – Whitewater
Carla Kerr Stearns Federal trial and appellate lawyer
William A. “Bill” Webb Mediator
Former United States Magistrate Judge, EDNC
Former (The) Public Defender, EDNC
Former Chief, OCDETF, EDNC
Former Assistant United States Attorney, EDNC
Former Assistant United States Attorney, WDPA
Solomon L. Wisenberg Federal trial and appellate lawyer
Former Deputy Independent Counsel – Whitewater
Former Assistant United States Attorney, WDTX
Former Chief -Financial Institution Fraud, WDTX
Former Assistant United States Attorney, EDNC

Ronald G. Woods Former (The) United States Attorney, SDTX
Former Assistant United States Attorney, SDTX
Former Special Agent, FBI

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.212.1_1.pdf

More here:

https://citizenwells.com/

http://citizenwells.net/

 

27 responses to “General Flynn case amicus brief filed by Trey Gowdy et al May 28, 2020, “court lacks discretion to deny a rule 48 motion to which the defendant consents”

  1. “Viewed from a “big picture” perspective, the Government’s motion to
    dismiss was a product of the Court’s ongoing effort, through its Standing Order, to promote justice by requiring the Government, at all stages of a criminal proceeding, to examine its case and disclose information that may affect a defendant’s guilt or punishment. As such, the Government’s motion is a successful, and just, outcome. ”

    Amicus brief filed by Trey Gowdy et al May 28, 2020

  2. oldsailor88

    CW………
    …….this is the first time I have seen Trey Gowdy get involved with a pending case. Wondering why he did this….The last I had learned was that Sullivan had hired a MOUTHPIECE. Sullivan needs a mouthpiece because he has dug a huge hole in the ground directly under his desk chair………and the floor timbers are sagging precariously.

  3. Rosealeana Robbins

    I can’t believe this is still going on. Flynn’s charge should have been processed weeks ago. Time for a new Judge.

  4. oldsailor88

    AND NOW……..
    ……………The low IQ, nose picking, odorous POS are at it again tonight. Simultaneously the raging lunatic punks are beginning their alleged PROTEST. I believe that every one if the alleged PROTESTERS should be arrested, put on an airplane and flown to Guatanamo for a cool off period.
    **************************************************************************
    …..this afternoon I read that Walmart is considering permanent closure of Minneapolis stores. This applies to at least one other multi store retailer with outlets in Minneapolis. (Target)

  5. Said it before and I’ll say it again..when there’s something horrible and big all over the news, there’s something worse going on that “they“ don’t want you to see.

  6. oldsailor85++
    I can’t believe whats going on.
    Well how buot this……..

    The U.S. Supreme Court on Friday rejected an emergency appeal from a church in California challenging Gov. Gavin Newsom’s limits on in-person services due to the coronavirus pandemic.

    In a 5-4 decision, Chief Justice John Roberts once again joined the high court’s liberals in turning down a request by the South Bay United Pentecostal Church in Chula Vista, Calif., near San Diego, which argued that the order limiting in-person attendance at services was a violation of the First Amendment’s freedom of religion guarantee.The church said in its court filing that 200-300 worshippers normally attend in-person services. Church officials had hoped to get Newsom’s restrictions struck down in time for services on Sunday.

    In a brief opinion, Roberts claimed that Newsom’s order allowing churches to reopen with only 25 percent capacity and no more than 100 worshippers at a time, “appear consistent” with the First Amendment.
    ——————————————————–
    Well, in California they have allowed CASINOS to be open for some time already. But churches?? Nope, doesn’t fit their narrative. One person told me to ‘follow the lobbyist money’, but I suspect it goes much deeper than that. One of the tenets of Alinsky’s brand of Socialism is to destroy religion.

  7. oldsailor88

    AND……..
    the lawlessness that we are witnessing is clear evidence of what our country is becoming. I expect that we will soon be wearing guns again, and a hell of a lot of the thieving, stinking assed POS will be rewarded with their just bounty……….LOTS OF HOLES IN THEIR UNWASHED LIFELESS BODIES.

  8. oldsailor88

    LAST NIGHT,………..
    ………….a few of the SNOTNOSED, POS, PUNKS tried to do their BS HERE IN OUR TOWN. This morning they are still in the County Jail…….AND AMONG THE GENERAL JAILHOUSE POPULATION……….GOOD FOR WHAT AILS THEM !!!!

  9. oldsailor88

    OUR SHERIFFS DEPARTMENT……….
    ………MANAGES OUR COUNTY JAIL. WHENEVER THEY GET A PRISONER WHO SMELLS BAD THEY PUT HIM/HER INTO A BARRED CELL AND REWARD THE PRISONER WITH A FIREHOSE BATH……AFTER WHICH THEY ARE ORDERED INTO A BRIGHT ORANGE JUMPSUIT WHICH THEY WEAR UNTIL THEY APPEAR BEFORE A JUDGE.

  10. oldsailor88

    AND……
    …….AS LONG AS THEY ARE INCARCERATED THEY WEAR THE NICE BRIGHT ORANGE JUMPSUITS.

  11. oldsailor88

    I SERVED IN THE US NAVY FROM JANUARY 1952-JANUARY 1956. DURING THOSE YEARS WE SOMETIMES ENCOUNTERED PEOPLE WHO REFUSED TO TAKE A BATH REGULARLY. SO WE REWARDED EACH OF THEM WITH A GI BATH WHICH WAS ADMINISTERED USING A SCRUB BRUSH , AND GOOD OLE NAVY BROWNSOAP. THESE PEOPLE BECAME RELIGOUS BATHERS AFTERWARD.

  12. oldsailor88

    Roseleana Robbins………
    …………First of all please allow me to welcome you to the Citizen Wells blogsite. I can assure you that everyone who posts here believes exactly as you do. Judge Emmet Sullivan has hired a CRONY MOUTHPIECE in an attempt to keep the Flynn case alive. He has chosen to override his own boss. He is now in DEEP DO DO with the US Apellate Court. and rightly so. He had NO AUTHORITY to initiate such an action. CRAPOLA IS SOON GOING TO HIT HIS FAN.

  13. oldsailor88

    Sheila…….
    Welcome to the Citizen Wells blogsite. Great to hear what you have to say. Yes I too think there is a whole lot that we are not yet aware of. Given what has happened since 2008 America has been sold a BILL OF GOODS which = a huge load of total BS. We are standing upon a subterranean DEMOCRATIC time bomb which is fast becoming exposed. When it explodes there will be a lot of slimy politicians whose body parts will litter the terrain for miles around. President Trump can then hire a bulldozer and shove it all into a peat bog somewhere in the SWAMP, and the country will be a little cleaner thereafter.

  14. oldsailor88

    AND NOW………..
    ………..only 39 minutes until the BLAST OFF for the ISS.

  15. oldsailor88

    BEAM ME UP SCOTTY!!!!!

  16. oldsailor88

    AND…….
    …………launch window is 1 second !!!! Whenever I stop to think about the incredible speeds at which the ISS travels 1 second could account for significant error in distance if not adhered to.

  17. oldsailor88

    AND IF………..
    …………the lawlessness across America increases there is a point where the POTUS can IMPOSE MARTIAL LAW. Should that extreme happen the people will have all of their Constitutional rights SUSPENDED………at which point a law officer could legally shoot you dead WITHOUT QUESTION, OR WARNING. If lawless PUNKS keep up their destruction MARTIAL LAW COULD BE IMPOSED OVERNIGHT. At this point those who might be legally protesting can, and probably will end up in jail cells along with the crazed arsonists, and criminals who have looted stores..

  18. oldsailor88

    AND………..
    here is another idea which could immobilize a whole lot of offenders in really quick succession. The use of low dose veterinary immobilizing drug fired from a gun. The recipient would not be able to remove the drug from his body, and will be easy to handcuff and transport to jail. This could be done on a massive scale. 100 policemen all armed with veterinary guns, with another 1000 loaded and ready to be fired. This will quickly turn into a lot of heavily sedated people sleeping on the sidewalk, or in a street. Then EMTs are brought in to help transport the POS to the jailhouse.

  19. oldsailor85++
    How about giving the protesters a SKUNK bomb or some other smelly bomb.
    A SKUNK bomb will disperse the crowd in a heartbeat. Plus wherever the agitators go they will stink so bad no one will want to be near them. Of course the stinky protesters will need to be over 6 feet apart, no problems seen here.

  20. Watching the riots (no, they’re not protests) and wondering what would be a fitting penalty each time these thugs burn police cars and torch their local stores, gas stations, etc.

    The penalty for these ‘protesters’ (and the multitude of gang bangers among us) should be boot camp. I wonder how long some of these tough guys and women would last?

    Reinstating the draft would solve the general gang banger problem, but we currently do not have the draft. Jail time is a joke, but boot camp is not. I’d love to see these guys mouth off in front of a drill sergeant. I’d just love it!

  21. oldsailor88

    SueK………
    ………..these days it seems as though most punks are respected by their peers, if they smell bad, have three word vocabularies,,know the best drugs, and possess a lower IQ than everyone else. DUHHHHHH.

  22. oldsailor88

    SueK……..
    ………….I am beginning to think that the only way you can get a message to the brain of such people is to crack open their skull and insert a handwritten message into their tiny pimple sized brains.
    You feed such people KNUCKLE SANDWICHES. !!!!!

  23. oldsailor88

    AND…….
    ……..a lot of todays street punks don’t even have a grade school education. By the time they reach 12 years of age they have already spent most of their childhood in juvenile detention facilities.

  24. oldsailor88

    AND…….
    there was once a time when compulsory military training was an idea which was designed into the old Taft Hartley Act of 1949. It failed to pass.

  25. oldsailor88

    Bob Strauss……..
    …………hope you are OK. Take care!!!!!

  26. oldsailor88

    AND TODAY………
    ………about $500,000.00 worth of police vehicles were torched by snot nosed, drug crazed, nose picking punks in Chicago.

  27. oldsailor88

    DOES THE FEMALE BLACK MAYOR OF CHICAGO EVEN GIVE A DAMN ABOUT THE FINANCIAL LOSSES………LOTS MORE MONEY WHERE THE LAST LOAD CAME FROM…………THE CHICAGO TAXPAYERS. I’M SURE SHE WILL JUST STRIP FUNDS FROM SOME OTHER BUDGET TO BUY MORE VEHICLES.

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