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
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