BREAKING: Respected conservative attorney Paul Clement concludes that the judiciary does NOT have the power to force the executive to carry out a prosecution.
Confirms that US District Judge Emmet Sullivan’s judicial harassment of Gen. Flynn was not only improper and unethical, but illegal.
Libtarded legal novelties thoroughly discarded here.
BRIEF: storage.courtlistener.com/recap/gov.usco…
Confirms that US District Judge Emmet Sullivan’s judicial harassment of Gen. Flynn was not only improper and unethical, but illegal.
Libtarded legal novelties thoroughly discarded here.
BRIEF: storage.courtlistener.com/recap/gov.usco…
Clement: Courts should not intrude into the prosecutorial function
Clement: The purpose of Rule 48 discretion is to protect the defendant from prosecutorial harassment, not TO HARASS the defendant like Judge Emmett Sullivan did to @GenFlynn
@GenFlynn "[N]o court of appeals has ever affirmed a decision to deny a motion to dismiss under Rule 48(a) except in circumstances where necessary to protect the defendant’s liberty."
@GenFlynn There is no "free-ranging authority in district courts to scrutinize the prosecution’s discretionary charging decisions."
@GenFlynn There are "practical and doctrinal problems" with the argument that a court can "try to force the executive to maintain a prosecution it wishes to drop," says Clement.
@GenFlynn Great brief by Clement: storage.courtlistener.com/recap/gov.usco…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
