Earl (11-26-2020)
I agree with you. My guess is that he'll issue a letter that says that he can't be held accountable or charged with any crime whether committed in the past or in the future. SDNY will charge him anyway. A judge will review and dismiss Trump's self-pardon. Then, if their is a god in heaven, he will die in prison where he belongs.
Earl (11-26-2020)
what?? ROFL.. what kind of goggledegook is this?. If you plea guilty and the trial judge issues a ruling of guilt your are then "found gullity" - but ONLY if a trial judge issues that ruling of guilt -not before
I have no idea what kind of Byzantine BS you are trying to sell here otherwise
Earl (11-26-2020)
Earl (11-26-2020)
this might be a reprieve? - but POTUS is recognized with full plenary powers hereArticle II, Section 2 of the U.S. Constitution authorizes the President “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Earl (11-26-2020)
Earl (11-26-2020)
I hope to gawd you don't have children. Bad behavior deserves consequences. Is it any more acceptable that one person eggs a house because a different person toilet papered it? Accountability is a word that Trump and his brain dead supporters can't even spell. Your acceptance and justification of Flynn's bad behavior demonstrates that you are a shitty person. Just like Flynn. Just like Trump.
4,487
18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
44 U.S.C. 2202 - The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
LOCK HIM UP!
Once you plead guilty, there is no trial. There is no need for a trial. It is considered the same as a guilty verdict. The only ruling a judge makes is accepting the guilty plea, but they make absolutely no ruling on whether you are guilty.
Very few people are in prison for a guilty verdict. Almost everyone plea bargains before the verdict. In effect, Flynn has gotten the ultimate plea bargain, all he has to do is accept his own guilt, and he gets away without any punishment.
There is clearly both. The pardon is part of a admission of guilt, and the sentence is mercy... no punishment.
Fascists did the exact opposite, and required people to admit to guilt in court against their will. Flynn has every right to turn down the pardon, and go to trial. This is not a fascist system... yet.
No, Miranda does not apply. Flynn was not under arrest, so he had no Miranda Warning. Even if he was under arrest, Miranda Warning is only warning of your rights. The police have the right to advice you to not get a lawyer, even when arrested.
Flynn was free to walk away, so he got no Miranda Warning. The FBI agents advised him he did not need a lawyer, which was their job. He should have had the common sense to realize he was not going to lie his way out of his crimes.
So the FBI was doing their job. Their job is to catch criminals, not to help the criminals get defense advice. They do not have to tell the criminals what they are investigating, or how they are investigating. It was Flynn's job to try to get out of being punished for his crimes, not the FBI's.
Miranda Warnings include nothing about telling Flynn what he is being investigated for. More importantly, Flynn was not under arrest, so he had no Miranda rights whatsoever. His one right was to walk away.
Flynn thought he could lie his way out of the crimes, and the FBI allowed him to think that. They did not tell him they knew he was lying. They are not supposed to help him with his crimes.
Earl (11-26-2020)
Diesel (11-26-2020)
One more time, it is a little complex, but not that much. If you plead guilty, then the judge does not rule that you are guilty. The judge accepts your guilty plea. That is considered the equivalent of being found guilty, but there are a few technical differences.
For instance, there is no trial with a guilty plea. There is no need for a trial. The facts of the case are not in contention.
Not to mention that in a jury trial, a judge does not find you guilty. Only in bench trials does a judge find you guilty. A guilty plea, or a pardon removes the need for any type of trial, so no need for anyone to find Flynn guilty. He has legally admitted to being guilty.
4,487
18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
44 U.S.C. 2202 - The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
LOCK HIM UP!
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