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seawulf575's avatar

Does Judge Sullivan asking for Muller's data on Flynn's questioning potentially hurt his case?

Asked by seawulf575 (17137points) December 13th, 2018

Judge Sullivan, who is overseeing the Michael Flynn case, has asked to see the FBI data including notes and memoranda involving Flynn’s questioning. Combine this with Comey admitting he didn’t take normal procedures for interviewing someone in the WH and McCabe allegedly telling Flynn he didn’t need an attorney to be present, could this lead to charges being dropped against Flynn? And could it lead to charges of prosecutorial misconduct against Mueller?

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13 Answers

rojo's avatar

It does have the potential to do so. I do wonder what his reasoning is. Guess we will find out eventually.

I don’t think that it will result in any charges brought against Mueller however. From what I have gleaned the man is very professional, very thorough in his research, investigative techniques and conduct and I believe he holds his staff to the same high standards. He was even held in high esteem by Republicans before being asked to run this investigation.

zenvelo's avatar

Flynn has already admitted guilt. The Mueller notes have to do with what the level of cooperation Flynn had with the Special Prosecutor, who has recommended leniency.

Despite the White House’s coming up with a new story every day, Mueller is an experienced by-the-book investigator and prosecutor who doesn’t offer or mentioning anything without corroboration.

flutherother's avatar

I can’t see charges being dropped at this late stage and the judge is just doing his job in asking for details on how the questioning was carried out. It may affect his views on sentencing, but Mueller has already sent a memo to the judge asking for Flynn’s cooperation to be taken into account.

Flynn himself said this…“my guilty plea and agreement to cooperate with the Special Counsel’s Office reflect a decision I made in the best interests of my family and of our country”.

mazingerz88's avatar

Flynn and his lawyers are asking for zero jail time. This could be about the judge wanting to learn enough if he could grant the request or not.

I still think the last thing Flynn would really, really hate to happen is to be the first jackass who yelled Lock her up! on stage but instead got the poetic justice he deserved.

stanleybmanly's avatar

Following your own narrative, where’s the misconduct on Mueller’s part?

seawulf575's avatar

My question is first whether the notes could impact the Flynn case. If the FBI wasn’t straight up and actually worked to set him up with bad actions, it could negate everything to do with their story. Regardless of where we are, it could throw the case out. It would mean that Flynn could walk with his name cleared. The second part about Mueller is fairly simple: He’s the prosecutor on the case. If he went into court with tainted, illegally obtained evidence and it was deemed that he worked to arm-twist a confession, it could be viewed as misconduct on his part.
The funniest part (or the saddest) is that Flynn admitted to lying to the FBI. For him to walk would be just as big a travesty of justice as if the FBI and Mueller were way out of line.

mazingerz88's avatar

What are the chances Mueller and his team are idiots?

This judge’s actions could potentially affect the case in several ways, one of which is Flynn should get a lot of jail time.

elbanditoroso's avatar

I imagine at at some level, the judge is trying to cover his own ass. No matter what he decides, he’s going to be criticized. From Trump and the Flynn-lovers to people who actually believe in justice.

So the judge wants to cover all the bases and make sure that HE isn’t overturned by some higher court.

seawulf575's avatar

@mazingerz88 Remember Strzok? He was on Mueller’s team and, while not an idiot, was extremely biased. He was a liberal zealot. Mueller knew that when he hired him on. And even after it came out how he potentially biased the investigation, Mueller kept him on. Idiots? No, not necessarily. Biased? Oh yeah…very possible. And with that bias can come attempts to push the boundaries. Questioning Flynn without an attorney and telling him he didn’t need one (effectively denying his right to have one present) and then use any information he gave them against him is a violation of his Miranda rights. That could get the whole case tossed, even though it is up to sentencing.

mazingerz88's avatar

Really Mueller knew about Strzok’s bias? Link?

People have biases because they’re people. It doesn’t automatically lead to violating their sworn job oaths. Otherwise we change all government workers into either Repubs or Dems depending on who gets the WH.

Wouldn’t Flynn be so lucky avoiding jail if the case gets tossed? He still goes down in history as an ass though.

stanleybmanly's avatar

Flynn rolled and quickly because he was caught dead to rights.

seawulf575's avatar

@mazingerz88 Flynn would probably avoid jail anyway. Mueller recommended no jail time. And if you look, I stated having the case dropped would be a travesty. But stranger things have happened.
As for bias, you are partially right. We do indeed all have biases. However, when you are dealing with the law, you need to be aware of that and take special pains to ensure your own biases don’t interfere with the investigation. If not, you open yourself up to many holes in your case where the defense will poke and tear. You run the risk of losing the case due to your own ethics. Oh Wait! that’s what this question is about.

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