We know that the prosecutor deliberately withheld evidence that showed Flynn was innocent of the charge of lying to the FBI from the Court and from Flynn's attorneys.
That's an automatic end to prosecution in any normal case because it shows the government isn't playing by the rules and can't be trusted.
When the criminal behavior of the FBI and the prosecutor was revealed the prosecutor left the case and the DOJ dropped the charges as it should have.
But the Judge, Emmet G. Sullivan, has decided to ignore the Constitution and the separation of powers and become the prosecutor as well as the Judge.
In order to defend his unAmerican and unConstitutional kangaroo court Sullivan called in a retired Judge, John Gleeson,--who had already written an NYT op-ed saying that despite clear evidence of blatant prosecutorial misconduct Flynn should be sentenced--to make excuses for him.
Note that Gleeson once presided over a case which he himself had started to vacate the convictions of a criminal who he'd sentenced so that that criminal could get a more lenient sentence. That's gross misconduct.
Gleeson's argument is that because Trump tweeted about Flynn being railroaded the rules of conduct don't apply.
It's ok for the prosecution to hide evidence showing the defendant is innocent.
Essentially Gleeson is saying that police state tactics are ok so long as the target is a Republican.
With the new evidence it's clear that Flynn didn't lie to the FBI in any criminal way so to justify sentencing him just because he, Flynn, was pressured into pleading guilty because the prosecutor threatened to go after Flynn's son is literally evil.
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