I'm still scheduled to be sentenced, the prosecution made a motion to dismiss but the judge still hasn't signed. It's ridiculous. And lucky me I have the same judge that disregarded the governments motion to dismiss in the General Flynn case.
If you are actually a prisoner, and if you have been pardoned by the President, then a motion to dismiss is irrelevant.
The warden is the individual who is keeping you unlawfully. That is the person who must release you. Warden can do it with a judge's order to release, of course, but if warden has a pardon, then there should be no need for a judge's order. President is head of the Executive Branch, which is the branch the warden works for.
Warden might try to say the Director of Bureau of Prisons has to release, but again the warden is the one holding you illegally (if your story is true), and President is the highest authority in the Executive Branch, not the Director of Prisons.
If I were in that position today, I would write a Petition for a Writ of Habeas Corpus, serve it on those who are jailing you, and I would also try to have it served on the White House (by someone else you know, if possible), just so they know what is going on (but the White House is not involved in this, just saying it would be a way to alert them to what is going on, in case they don't know). This would be addressed to and filed in a civil federal district court, and NOT the criminal court where the judge you are dealing with is screwing you over. So, a different judge would review this.
I'm still scheduled to be sentenced, the prosecution made a motion to dismiss but the judge still hasn't signed. It's ridiculous. And lucky me I have the same judge that disregarded the governments motion to dismiss in the General Flynn case.
If you are actually a prisoner, and if you have been pardoned by the President, then a motion to dismiss is irrelevant.
The warden is the individual who is keeping you unlawfully. That is the person who must release you. Warden can do it with a judge's order to release, of course, but if warden has a pardon, then there should be no need for a judge's order. President is head of the Executive Branch, which is the branch the warden works for.
Warden might try to say the Director of Bureau of Prisons has to release, but again the warden is the one holding you illegally (if your story is true), and President is the highest authority in the Executive Branch, not the Director of Prisons.
If I were in that position today, I would write a Petition for a Writ of Habeas Corpus, serve it on those who are jailing you, and I would also try to have it served on the White House (by someone else you know, if possible), just so they know what is going on (but the White House is not involved in this, just saying it would be a way to alert them to what is going on, in case they don't know). This would be addressed to and filed in a civil federal district court, and NOT the criminal court where the judge you are dealing with is screwing you over. So, a different judge would review this.
This is how you do it:
https://www.youtube.com/watch?v=NuMVAJbxkNM
Watch the video and read the first comment from the author of the content.
I'm on supervised release, DC hasn't communicated anything to my PO.
Are you one of the people who was granted a pardon?
If so ...
You can still file a Writ of Habeas Corpus to end the restrictions on your liberty.
You should not be on probation if you were given a pardon.
Watch the short video, and read the comments by the creator of the video in the comment section. He addresses this.
You being out of jail makes this even easier.
I'll definitely mention it to my lawyer when I talk to him.