Stop!!,something's fishy, these breadcrumbs are too easy to follow, Flynn asked for a jury trial,how

[Demonaut]

long will that take, and he is out on bail

[TomSlick]

1. My bet is that the Judge does not allow withdrawal of the guilty plea.

Federal criminal law isn't my area and I don't know anything about the Judge in the case, but that's my bet.

[Demonaut]

2. I heard it was automatic if requested as it's a federal crime

[The Velveteen Ocelot]

4. No, it's not automatic - far from it.

These motions are usually unsuccessful.

[TomSlick]

5. All I know is what I read in the Federal Rules of Criminal Procedure.

Rule 11(d)(2)(b) allows a guilty plea to be withdrawn if "the defendant can show a fair and just reason for requesting the withdrawal."

In my opinion, from reading the pleading asking to withdraw the plea, that hurdle was not been cleared. A guilty plea is accepted only after the defendant makes a sworn statement in a providence inquiry in which s/he admits to the factual basis for the plea.

In my experience, federal judges ain't looking for more work. A judge would not be pleased to have a criminal defendant attempt to withdraw a guilty plea.

[Demonaut]

6. this is high profile, not a traffic ticket

[TomSlick]

8. True but the Rules make no distinction based on the seriousness of the offense.

The rules equally apply irrespective of the seriousness of the offense or whether it is "high profile." The federal judges before whom I appear, albeit in civil cases, don't seem to much care how "high-profile" a case may be.

[Demonaut]

9. this is VERY high profile, not a lazy or "too busy" excuses, they still bend to public opinion

[TomSlick]

12. Perhaps. As I say, I don't know the judge in this case.

That being said, the federal judges I appear before don't give a hoot-in-hell about anyone's opinion but their own and those of the judges in the circuit court of appeals.

[The Velveteen Ocelot]

3. It's not likely that he will get one. It's very difficult to withdraw a guilty plea,

especially if the defendant has been sentenced and if a considerable amount of time has elapsed between the plea and the motion to withdraw it. Flynn admitted under oath that he committed all elements of the offense when he pled guilty months ago, so he can hardly turn around now and claim he's innocent. I'd bet he's holding out for a pardon before he has to do any jail time.

[TomSlick]

7. i think you have this one pegged.

My bet is that a day after the election - whoever wins - Trump will issue a raft of pardons.

[Demonaut]

10. that's why a trial would be granted, for justice not speed

[The Velveteen Ocelot]

11. No, The judge won't let him withdraw the plea. Really.

It almost never happens.

[leftieNanner]

13. Barn McQuade was on Rachel tonight

And she said it would take a lot to get a judge to do this. And this judge is not happy with Flynn.

[The Velveteen Ocelot]

14. Exactly. It won't happen. Flynn is trying to delay going to jail

until His Lardship pardons him.

[leftieNanner]

15. Precisely

Let's hope that The Orange One gets so busy with his trial etc and forgets to give Flynn a pardon.