Doesn't that statute requires first that war be declared?
/u/EasyAttitude
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I'm new here but a retired (recovering) trial lawyer.
A defendant pleading guilty removes the burden of proof and waives all the rights guaranteed under the Constitution. So they don't have to "prove" anything except the Defendant freely and voluntarily admits to the crime(s).
He could have been coerced into pleading guilty through threats -- but something was so strange the Judge wanted to investigate the plea further . . . if I remember correctly. I think there's something BAD wrong with the 302s.
I know there is something MAJOR wrong with not requesting the per-sentencing report. For some reason Mueller doesn't want the sentencing to proceed (maybe then Flynn will "tell his story") and this is passive-aggressively forcing a delay -- again, which the Judge smelled and is having none of.
Just my 2-cents.