Judge Rao's ruling in the Flynn case is astonishing in its dishonesty, or ignorance of precedent she cites. Having read it - the foundational precedent she uses - there is no doubt this is a purely political decision. And no doubt it would be reversed by her in a democratic../1

...administration by invoking the *same case* she uses as the primary basis of her ruling. THIS is why McConnel is so dead set on appointing incompetent politicos to the bench - their rulings will be just part of the ongoing corruption of the judiciary.

The main precedent.../2

...Rao cites is US v. Fokker Servs, and she uses this to give the prosecution absolute authority to dismiss charges. In that case, feds struck a deferred prosecution agreement with Fokker, under which the company pleaded guilty - which creates a final judgment of guilt.../3

..in exchange for an agreement by the feds to not pursue the case further so long as the company keeps its nose clean - based on the prosecutions sole determination - for 18 months. This entering of the guilty plea in turn required a dismissal of the original charges and the.../4

...agreement by the company to waive the statute of limitations. The judge railed against the deal, saying that the company's acts were egregious, the terms of the agreement were too lenient, the charges should not be dismissed and company executives should be charged.

Now.../5

...the absolute difference between Fokker & Flynn case is that *there was no guilty plea yet.* No final judgment of guilt had been entered. In this case, the judge objected to the nature and terms of the PLEA, and the dismissal of the charges were an incidental dismissal of.../6

...of the original indictment was just a technical function of obtaining a plea to criminal charges.

Fokker makes a distinction between the judge's power on *charging* and a judge's power *after a verdict of guilt* from a plea. In other words, it is a SPECIFIC distinction.../6

...between the exact circumstances of Flynn and the exact circumstances of Fokker. It distinguishes between a prosecutorial decision on charges and an adjudicated ruling of guilt based on a plea. In essence, the prosecutor hold the charging, and once there is a guilty plea.../7

...power is handed off to the court. The indictment has simply been replaced by the guilty plea.

This is why Rao - a political hack - would use Fokker to simply reverse her ruling here in the exact same fact pattern in a Biden Administration. Her dishonest use of Fokker.../8

...is a sign she or her clerk dug through the records, looking for something to hang her hat on, & either didn't read the whole ruling or lied about it.

Corruption is at every level of government: Executive through Barr/Trump, legislative through the Senate, and judiciary.../9

...through political, incompetent hacks who are perfectly willing to lie - or not even do their jobs - to create the outcome they want.

Folks, America is over. If even the judiciary can lie about facts for politics, there is no longer a branch uncorrupted.

fin