Quote:
Originally Posted by WTF
It is a routine order in this Judges case....
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Had you read the procedural events that lead up to the issuance of 2nd discovery order signed by the New Judge in the case you would have realized that the law review article you cited was not relevant to the procedural status of the Flynn case at the time the New Judge signed the last order, which was post-plea!
Anecdotal bullshit about "standing orders" do not apply to discovery orders signed AFTER A PLEA AGREEMENT IS SIGNED AND APPROVED BY THE PRESIDING JUDGE OVER THE CASE.
I don't expect you or 99% of others on here to comprehend it, but a Federal Court plea agreement is not like a plea on a speeding ticket. I doubt that there is even a completed pre-sentence agreement (or objections to a proposed report) to be submitted to the Judge, because apparently Flynn has not yet completed his apparent obligations to the prosecution, which would necessarily be reflected in the pre-sentence report of the Federal Probation Officer assigned to Flynn for the pre-sentence report.
None of that process is then controlled by a "standing discovery order" since the plea agreement would in effect waive any potential discovery disputes, e.g. waiving the reserving of an issue for appeal on disclosure by the Government in the plea agreement.
That's why it is not "customary" and "usual" as you claim through your sources.
There is no "assumption" that Flynn's plea will be overturned or set aside by the signing of this unusual order. Apparently either the Judge saw something in the case file, was informed of a challenge to the plea, or was watching current events unfolding with respect to the FBI handling of the investigation from which Flynn was convicted. The Judge appears to be assuring that ALL potentially exculpatory evidence is delivered to the defense to review and determine if it points to a legal basis to set aside the plea ... and perhaps even dismiss charges against him for misconduct.
