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Brad Heath
Judge Sullivan has some questions about Mike Flynn's request to withdraw his guilty plea, including whether Flynn should now be questioned, "under oath, subject to cross-examination" about why the court should allow him to do that.
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Brad Heath Jan 24
Replying to @bradheath
Sullivan cites a D.C. Cir. case involving a man who tried to withdraw his plea before sentencing because he said he was pressured into making it. The district judge had a hearing, had the guy testify, and ruled there wasn't a basis for withdrawal. Circuit court affirmed.
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Brad Heath Jan 24
Replying to @bradheath
The D.C. Cir. held that the most important question in whether a defendant can withdraw his plea is whether it was properly entered in the first place. Could be challenging for Flynn, who entered his guilty plea not once but twice.
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Brad Heath Jan 24
Replying to @bradheath
Here's that case. Basically, the D.C. Cir. upheld a district court's decision that a defendant who broadly proclaimed his innocence and said he was pressured into pleading guilty couldn't withdraw his guilty plea.
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jaxstephen Jan 25
Haven't read the motion to withdraw plea. Can you summarize his grounds?
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Brad Heath Jan 25
He hasn't laid them all out yet. The first motion alleges prosecutors violated the plea agreement in their sentencing recommendation and accuses them of trying to get Flynn to lie in another case. But apparently there are other arguments, and more briefing to come.
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DominateBattlespaceHat Jan 24
Replying to @bradheath
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UberMitch Jan 24
Replying to @Popehat @bradheath
It's almost like filing weird screeds that lack relevant legal analysis can provoke a negative judicial response
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koumdros Jan 24
Replying to @bradheath
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Dr of social distancing Jan 24
Replying to @bradheath @Popehat
Has the disBarr lawless office tried to withdraw the prosecution yet? Are they allowed to?
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