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Showing posts with label pardon. Show all posts
Showing posts with label pardon. Show all posts

Wednesday, May 13, 2020

This Would Be The Worst Outcome!

President Joe Biden Could PROSECUTE Michael Flynn, Despite DOJ Dropping Charges

(TheLibertyRevolution.Com)- Former Deputy Independent Counsel Sol Wisenberg spoke to Fox News on Thursday about the announcement from the Department of Justice that all charges against General Michael Flynn are being dropped. During the interview, Wisenberg explained how Joe Biden, should he win the November presidential election, could still go ahead and prosecute former National Security Adviser Flynn for perjury.
This may happen despite the decision from the DOJ that prosecution should be dropped, citing evidence that the FBI encouraged Flynn to lie during questioning.
Wisenberg explained how Flynn originally pleaded guilty to lying to the FBI in 2017, and that this admission is the core of the reason why Biden may still take action. Lying to the FBI is a crime, and even though Flynn only admitted to it on the advice of his lawyers and under pressure from corrupt prosecutors, he still admitted to it.
By admitting to lying, and claiming that he didn’t actually lie, it means Flynn still deliberately lied.
In the motion put forward to get the case dropped, the Department of Justice explained how even though Flynn admitted to making a false statement during investigations by the FBI (which he later retracted,) the statement didn’t meet the necessary standard of “materiality.”
“Mr. Flynn entered a guilty plea—which he has since sought to withdraw—to a single count of making false statements in a January 24, 2017 interview with investigators of the Federal Bureau of Investigation (‘FBI’). See ECF Nos. 3-4. This crime, however, requires a statement to be not simply false, but “materially” false with respect to a matter under investigation,” the motion explained.
“8 U.S.C. § 1001(a)(2). Materiality is an essential element of the offense. Materiality, moreover, requires more than mere ‘relevance’ or relatedness to the matter being investigated; it requires ‘probative weight,’ whereby the statement is ‘reasonably likely to influence the tribunal in making a determination required to be made.’ United States v. Weinstock, 231 F.2d 699, 701 (D.C. Cir. 1956) (emphasis added)” it continued.
What does this mean? Well, it effectively puts Trump in a situation whereby he needs to pardon Flynn as he previously indicated he might. While Flynn is free for now, unless President Trump officially pardons him before his term as president ends, he may be liable for future prosecution if and when a vengeful Democrat is elected to the highest office in the land.

Friday, April 20, 2018

Why Don't We Just Throw Out The Constitution And The Laws Of The Country If Courts Are Not Going To Follow Them?



Liberal Court Appoints Prosecutor in Bid to Jail Arpaio, Overturn Trump Pardon

  • 04/20/2018 
  • Source: AAN 
  • by: AAN
10 10 0  40
image: https://aanews-structure-psyclone.netdna-ssl.com/client_assets/aanews/media/picture/58f5/28d1/6970/2d06/fb66/0400/Slideshow_sheriff_joe.jpg?1515516484
Liberal Court Appoints Prosecutor in Bid to Jail Arpaio, Overturn Trump Pardon
Gage Skidmore [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

image: http://t.newsmaxfeednetwork.com/im.gif?data=ZjVlN2U0Y2MzYmUyMTdhZGVjZWIyZjBhNjdkNDlhYjRlNWM1ZjQ1YWZmM2RhNGI2N2Q3MzZmMTc0ODgyZjZkOTZjM2JlODg4OWI3NzJhZmI5M2FlMmZlNTZkNTQ0NWNmMWMxNzVkM2QwMmVjMWEwMWQ5NjM3YjcyMzU0NTZlMzc0OWVjODk5N2Q5NzFhNDRjMDhkNTE0YjZmOGU1YjQ3ZWQ4MWM4NDYyMjI1MDJkMTc5YTkyNzUyM2M4YmU2ZGFmYzk0M2IwMzBlYjk0NWY3ZTg2Nzg4NDVkMGIyNmQ4Y2UxZmRiOGExZjRiOTlmNTU5Yzg4MGQ3N2ExOTcyY2RlODM4NTRhNTZlZGY4NTdjM2Q3OTcyNmMyNDc1M2M4NzdlY2JhZTFkMzBhOTNkMzQzZjJkYTJkZTVmNDRlZGIwOTc2YjIxYjQzOTExYjIzMzBkN2EyZjIwMGIwNTkzNGI3NA%3D%3D&sid=407d368ba54140e99aa52c6bf4b917da_3c5c67cd
The president’s power to pardon is absolute, but that isn’t stopping a coalition of liberal activists and a liberal federal court.

The Ninth U.S. Circuit Court of Appeals is taking the unusual step of appointing a special prosecutor to argue that former Maricopa County, Arizona sheriff Joe Arpaio’s contempt of court conviction should stand, despite being pardoned by Trump.

Arpaio was convicted in 2017 on charges of defying a federal court order to cease patrols of the U.S./Mexico border.

Trump quickly pardoned Arpaio. Liberal activists sued to overturn Arpaio’s pardon, claiming it violated their constitutional rights.

They not only want Arpaio’s conviction to remain on his record, but they also claim they can overturn the pardon in court.

The Justice Department sided with Arpaio, pointing out the president’s power to pardon in the case is unquestionable.

That’s when the court, in a 2-1 ruling, ordered a special prosecutor be appointed to argue against the pardon.

There is no precedent for such a case, and no presidential pardon has ever been overturned in court. That’s because the Constitution unequivocally states the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

That means, except in cases of impeachment, the President can pardon anyone for any federal crime, such as Arpaio’s federal conviction for contempt.

While the president could be prosecuted for selling a pardon or using one to obstruct justice, the pardon itself cannot be challenged.

Only one member of the three-judge panel dissented.

Judge Richard C. Tallman, an appointee of President Clinton, wrote, “I fear the majority’s decision will be viewed as judicial imprimatur of the special prosecutor to make inappropriate, unrelated, and undoubtedly political attacks on presidential authority. We should not be wading into that thicket.”

But that isn’t stopping liberal activists groups from suing to overturn the Constitution and imprison Arpaio in an act of political vengeance.

Read more at http://americanactionnews.com/articles/liberal-court-appoints-prosecutor-in-bid-to-jail-arpaio-overturn-trump-pardon#diU8oQ6yDScJuXW5.99

Wednesday, June 14, 2017

Obama's Pardon Didn't Change This Criminal

Here’s What Happened To A Criminal Obama Pardoned

A 49-year-old Texan granted clemency by then-President Barack Obama finds herself back in prison.  The woman is reported to have repeatedly violated the terms of her release from a previous life sentence.
In 2006, Carol Denise Richardson received a life sentence for a federal conviction of conspiracy to possess 50 grams or more of crack cocaine with intent to distribute and two counts of actual possession of the drug with intent to distribute. She now finds herself back in prison after Pasadena, Texas, police officers arrested her for theft of $60-worth of laundry detergent which she allegedly planned to use to buy drugs, the Houston Chroniclereported.
The Bureau of Prisons released the Texas City woman on July 28, 2016 after President Obama granted her clemency. The now-former president granted clemency to hundreds of prisoners during his term of office – more than all of the past nine presidents combined, Breitbart News reported. Most of those had federal drug charges, including distribution.
“This defendant was literally given a second chance to become a productive member of society and has wasted it,” Assistant U.S. Attorney Ted Imperato said in a written statement. “She has clearly shown a willful disregard for the law and must face the consequences for her crimes and actions.”

Originally published by Breitbart.