Unless the court finds that the prosecutor is clearly motivated by considerations other than his assessment of the public interest, it must grant the motion to dismiss.
As another Lame Cherry exclusive in matter anti matter.
There is a new fact that Barack Hussein Obama infected the United States Department of Justice with a venereal disease in the fornication of Marxist weaponization of bastardizng the Rule of Law.
Emmet Sullivan who has been engaged in the lynching of a White American in the Obama coup plots against Donald Trump, was ordered by the Appeals Court to dismiss the case against the innocent Michael Flynn, but Sullivan has refused a court order, which has placed him in contempt, for which he should be removed from the bench and placed into federal custody.
Sullivan has now petitioned the entire Appeals Court to vote on Sullivan's lynching of an innocent White man.
There is a legal reality though for the 9th Court of Appeals, and it is the 5th Court of Appeals which has already ruled on everything that Emmet Sullivan is subverting the law over. The reality is that Emmet Sullivan as a judge has NOTHING TO SAY about a court case when it is the Prosecutor who decides to dismiss a case.
There is one rule and a Prosecutor has all the power to dismiss a case. As long as the Prosecutor is assessing the case in the public interest, the Prosecutor has all the authority.
What would the Public Interest be? The interest of the public is to protect the public. That interest in Michael Flynn's case is simple. Each of us has the Golden Thread to protect us, that we are INNOCENT until proven guilty in a jury court. We all have rights. We can not be tortured. We can not be forced to convict ourselves, and we can not be framed. In Michael Flynn's case the evidence is overwhelming that Barack Hussein Obama had James Comey frame Michael Flynn, to protect Obama's weaponizing of the government.
In short, the Prosecution has evidence that the FBI framed Michael Flynn. When an innocent person, and yes even a past convicted felon, is framed for a crime they never committed, then it is the duty of the Prosecutor to dismiss the case, as there is not any authority in the Constitution, to put innocent people into prison, the Public Interest, to protect itself from tyrants in the Oval Office and despots on judicial benches.
The best expression of the limitations that a district court must confine itself within can be found in United States v. Hamm, an en banc decision from the Fifth Circuit Court of Appeals. In the body of that opinion are the following comments by that Court:
“We continue to hold that even when the defendant consents to the motion to dismiss, the trial court, in extremely limited circumstances in extraordinary cases, may deny the motion when the prosecutor’s actions clearly indicate a “betrayal of the public interest.”Unless the court finds that the prosecutor is clearly motivated by considerations other than his assessment of the public interest, it must grant the motion to dismiss.Instead, this is a case in which the Government, in consideration of the appellants’ extraordinary past cooperation, and in order to assure their continued cooperation … decided that it would best serve the public interest to dismiss the indictments against the appellants.Neither this court on appeal nor the trial court may properly reassess the prosecutor’s evaluation of the public interest. As long as it is not apparent that the prosecutor was motivated by considerations clearly contrary to the public interest, his motion must be granted.The district court appears to have placed the burden on the prosecutor to show that dismissal itself would be in the public interest. The language of this court in Cowan and the Supreme Court in Rinaldi makes it clear that the motion should be granted unless the trial court has an affirmative reason to believe that the dismissal motion was motivated by considerations contrary to the public interest. As the district judge acknowledged, the prosecutor is the first and presumptively the best judge of where the public interest lies. The trial judge cannot merely substitute his judgment for that of the prosecutor.The determination of the public interest in the first instance is for the prosecutor to make. We are not in a position to second-guess his determination, …
The legacy of Barack Hussein Obama is evident in ANTIFA and Quadroon Lives Matter, burning down America and threatening the nation with insurrection. It was said that Richard Nixon had a cancer on his presidency. The fact is that Barack Hussein Obama's appointments are a cancer on the US Government. Emmet Sullivan is the rule, not the exception. The one bad apple of him, as spoiled thee entire barrel of the body politic.
There are a number of reasons for legal nullification of everything Birther Hussein Obama did, the first is that he was a tri citizen of Kenya by his named father, Obama sr., a citizen of Indonesia by this step father, and a citizen of the United States, illegally, when his adoptive mum, Stanley Ann Dunham smuggled him back into the United States.
Obama admitted he was an "expired subject" of England. That nullifies him as President, and nullifies every decision Obama made for 8 years.
It is time for President Donald Trump and Attorney General William Barr to remove every Obama appointee, law and executive order due to Barack Hussein Obama being illegitimate as proven by the US Constituion and Obama's own admission.
The most perfect place to start in this, is the criminal felon, Emmet Sullivan for his criminal enterprise of lynching Michael Flynn and defying US federal courts.
The entire cancer of Barack Hussein Obama must be removed, and it must begin with the tumor of Emmet Sullivan.
Nuff Said
agtG
