How A Kangaroo Court Works

The website study.com includes the following definition of exculpatory evidence:

In Brady v. Maryland (1963), the Supreme Court held that exculpatory evidence withheld in a criminal trial can result in a re-hearing of the case. In this case, Brady was convicted for murder, and the prosecutor failed to tell a jury that another defendant, who had committed the murder with Brady, had already confessed to the killing. The court stated that the jury needed to hear that evidence because it could assist them in their decision regarding Brady. From then on, any exculpatory evidence the prosecutor or law enforcement has is called Brady material, the requirement to turn Brady material over to the defense is called the Brady rule.

Any evidence from a crime scene is subject to the Brady rule.

But what other kind of evidence is exculpatory? The law says ‘any evidence’ that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.

…The Supreme Court said that without the rule, the defendant’s due process rights would be violated. Due process comes from the 5th and 14th Amendments to the Constitution, and means that before the government can take away your liberty, it must first give the person the rights and process due to him or her under the Constitution. If the government has evidence that says you might be innocent, it would violate the fairness and impartiality of the trial process by just ignoring it and not letting the jury see it.

The concept of exculpatory evidence is going to be in the spotlight as the case against General Michael Flynn moves forward.

Yesterday John Solomon reported the following at The Hill:

For nearly two years now, the intelligence community has kept secret evidence in the Russia collusion case that directly undercuts the portrayal of retired Army general and former Trump national security adviser Michael Flynn as a Russian stooge.

That silence was maintained even when former acting Attorney General Sally Yates publicly claimed Flynn was possibly “compromised” by Moscow.

And when a Democratic senator, Al Franken of Minnesota, suggested the former Defense Intelligence Agency (DIA) chief posed a “danger to this republic.”

And even when some media outlets opined about whether Flynn’s contacts with Russia were treasonous. 

Yes, the Pentagon did give a classified briefing to Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) in May 2017, but then it declined the senator’s impassioned plea three months later to make some of that briefing information public.

“It appears the public release of this information would not pose any ongoing risk to national security. Moreover, the declassification would be in the public interest, and is in the interest of fairness to Lt. Gen. Flynn,” Grassley wrote in August 2017.

Please follow the link to the article at The Hill to see the details, but the bottom line here is simple.

The article explains:

Rather than a diplomatic embarrassment bordering on treason, Flynn’s conduct at the RT (Russia Today) event provided some modest benefit to the U.S. intelligence community, something that many former military and intelligence officers continue to offer their country after retirement when they keep security clearances.

It’s important to wind back many months to where the Russia collusion narrative started and the media frenzy–driven suggestion that Flynn may have been on a mission to compromise America’s security and endanger this great republic when he visited Moscow.

Would the central character in a Russian election hijack plot actually self-disclose his trip in advance? And then sit through a briefing on how to avoid being compromised by his foreign hosts? And then come back to America and be debriefed by U.S. intelligence officers about who and what he saw?

And would a prosecutor recommend little or no prison time for a former general if that former military leader truly had compromised national security?

Highly unlikely.

It really is time for the deep state to stop its attack on President Trump and those who have supported him. Unfortunately, now that the Democrats control the House of Representatives, we can expect to see more taxpayer dollars spent on trying to undo an election they didn’t like.

 

Weighing The Facts

Yesterday I posted an article about the sentencing of General Michael Flynn. In the article I noted that there were some curious circumstances surrounding the interview in which General Flynn is accused of lying. Evidently I am not the only person concerned about those circumstances.

The American Thinker posted an article today about the judge who will be sentencing General Flynn.

The article reports:

Judge Emmet G. Sullivan, who is due to sentence General Michael Flynn next Tuesday, has thrown a wild card on the table, raising the possibility that a miscarriage of justice may finally be called out and the guilty plea coerced by Team Mueller thrown out.

Thanks to the sentencing memorandum filed by counsel for General Michael Flynn, we now see that the FBI used deception to ensnare him in a perjury trap.

Yesterday The Wall Street Journal posted an editorial titled, “The Flynn Entrapment.”

The editorial states:

Of Special Counsel Robert Mueller’s many targets, the most tragic may be former National Security Adviser Michael Flynn. The former three-star general pleaded guilty last year to a single count of lying to the FBI about conversations he had with Russia’s ambassador to the U.S. Now we learn from Mr. Flynn’s court filing to the sentencing judge that senior bureau officials acted in a way to set him up for the fall.

Not a rich man after decades in uniform, Mr. Flynn pleaded guilty to avoid bankruptcy and spare his son from becoming a legal target. Mr. Flynn’s filing doesn’t take issue with the description of his offense. But the “additional facts” the Flynn defense team flags for the court raise doubts about FBI conduct.

The Flynn filing describes government documents concerning the Jan. 24, 2017 meeting with two FBI agents when Mr. Flynn supposedly lied. It turns out the meeting was set up by then Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn that day on other business—to discuss an FBI training session. By Mr. McCabe’s account, on that call he told Mr. Flynn he “felt that we needed to have two of our agents sit down” with him to talk about his Russia communications.

There is another clue in The American Thinker article as to why the Judge is asking questions:

Chuck Ross reports for the Daily Caller News Foundation on Judge Sullivan’s startling order:

District Court Judge Emmet G. Sullivan on Wednesday ordered Flynn’s lawyers to hand over two documents: a memo that then-FBI Deputy Director Andrew McCabe wrote after speaking with Flynn ahead his Jan. 24, 2017 interview with two FBI agents and the FBI summary of notes taken during that same interview.

That summary, known as an FD-302, was compiled on Aug. 22, 2017 by the two FBI agents who interviewed Flynn. It is unclear why the summary was put together seven months after the Flynn interview.

When you look at the actions of the FBI and Special Prosecutor Robert Mueller’s team, you find that in some cases civil rights were trampled (attorney-client privilege, having a lawyer present, being put in solitary confinement for crimes that did not warrant it, etc.). Hopefully the actions of Judge Sullivan will cause both the FBI Special Prosecutor Mueller to be more aware of the civil rights of all Americans.

This Is Odd

Yesterday The Conservative Treehouse reported that Robert Mueller has asked for yet another delay in the sentencing of former National Security Advisor General Mike Flynn.

The article reports:

The Friday filing indicates the Special Counsel requests the court to begin preparation of a pre-sentencing report. Lawyers for both sides proposed a status update of Aug. 24th.

However, later, in a minute-order, Judge Emmet Sullivan ordered the parties to explain by noon Monday July 2nd, the reason why the Court should depart from the normal practice of getting all the sentencing issues/dates done at the same time.

There was a joint status report filed on June 29. That status report said that Mueller did not believe that the matter was ready to be scheduled for a sentencing hearing.

Follow the link above to read the Joint Status Report filed June 29.

A comments on the article from Doppler explains one possible scenario:

The plea deal between Flynn and Mueller obligates Flynn to assist the ongoing investigation, which would include testifying against other defendants, which could take years. There’s nothing unusual about postponing sentencing repeatedly in such cases. Expect it to continue till Mueller is almost through.

What WAS unusual in this case is that the plea was promptly followed by release of the Strzok texts, Contreras’s recusal, then new Judge Sullivan’s sua sponte order to Mueller to turn over all exculpatory evidence, which should’ve been done before. Depending on what is in that exculpatory evidence, which could include ANY AND ALL of misdeeds by Srzok, Yates, Comey, McCabe, Lynch relating to the Russia collusion story, FISA application irregularities, spygate, 302 tampering, there may be reason to allow Flynn to withdraw his plea, and for disciplinary actions against the prosecutorial team.

What was also unusual about this latest request was the untimely request for a presentencing report, as if Mueller is about done with Flynn, while also citing the investigation as requiring further delay. That’s an inconsistency that the Judge wants explained before ordering the report by a different office. I can imagine he wants to know, and wants the Probation Office to know, what value Flynn’s bargained for cooperation had, before it recommends a sentence.

It’s just weird, and suggests disarray in the SC’s office, as does the typo.

Flynn was reported to have taken the plea to hold onto his savings, since to fight would quickly leave him broke. And to protect his son. He may be telling his lawyer: don’t spend any time on this at all, I can’t afford it.

Now if Huber was running a sting, and cut a separate, secret deal with Flynn to take the plea based on incomplete or falsified Brady production, with the promise that Flynn could later withdraw it, and be exonerated, then Huber may have somebody’s ass in his briefcase, somebody who is part of the Special Counsel’s team, knew of the falsifying, yet participated in the plea deal. If so, and I hope that is the case, it’s still just a small detail in the Big Ugly, and won’t come out until the bigger pieces are ready for prime time.

It is very sad to see people who have honorably served their country targeted by an out-of-control Special Counsel.

What Is A 302 And Why Does It Matter?

The Conservative Treehouse posted an article today about the FBI interview with General Michael Flynn.

The article reports:

This is a BIG deal, obviously. However, it is actually an even bigger deal when put into context with prior inquiry by Senate Judiciary Chairman Chuck Grassley about FBI manipulating FD-302’s, notes taken by FBI agents during interviews.

The current issue seems to align with Senator Chuck Grassley suspecting Andrew McCabe manipulated the FD-302 investigative notes from FBI Special Agent’s Peter Strzok and Joe Pientka, after they interviewed Mike Flynn. There is enough sketchy and contradictory information giving weight to a likelihood that Deputy FBI Director Andrew McCabe told FBI agents (Strzok and Pientka) to shape their FBI reports of the interview (FD-302’s) to assist a “Flynn lied” narrative.

It has been publicly stated that originally the FBI did not believe that General Flynn lied, so what happened in between the time of the original interview and the time that General Flynn entered a plea?

Please follow the link above to read the entire article–there is a lot of evidence that the FD-302 was tampered with to provide the desired result. The article includes email excerpts that indicate those involved in the deception are beginning to realize that they may be held accountable for their actions. It is becoming more and more obvious that there are serious problems in the upper levels of both our FBI and Department of Justice.

 

Things Just Got Murkier

Yesterday The Washington Examiner posted an article by Byron York about General Michael Flynn.

The article reports:

There was also a lot of concern in Congress, at least among Republicans, about the leak of the wiretapped Flynn-Kislyak conversation. Such intelligence is classified at the highest level of secrecy, yet someone — Republicans suspected Obama appointees in the Justice Department and intelligence community — revealed it to the press.

So in March, lawmakers wanted Comey to tell them what was up. And what they heard from the director did not match what they were hearing in the media.

According to two sources familiar with the meetings, Comey told lawmakers that the FBI agents who interviewed Flynn did not believe that Flynn had lied to them, or that any inaccuracies in his answers were intentional. As a result, some of those in attendance came away with the impression that Flynn would not be charged with a crime pertaining to the Jan. 24 interview.

So what happened?

There seem to be some serious irregularities in the whole episode.

The article further reports:

It has sometimes been asked why Flynn, a man long familiar with the ways of Washington, would talk to the FBI without a lawyer. There seems to be no clear answer. On the one hand, as national security adviser, Flynn had plenty of reasons to talk to the FBI, and he could have reasonably thought the meeting would be about a prosaic issue involved in getting the new Trump National Security Council up and running. On the other hand, the media was filled with talk about the investigation into his conversations with Kislyak, and he might just as reasonably have thought that’s what the agents wanted to discuss. In any event, Flynn went ahead without an attorney present.

In addition, it appears the FBI did not tell White House officials, including the National Security Council’s legal adviser or the White House counsel, that agents were coming to interview the national security adviser over a potentially criminal matter.

On February 13th, General Flynn resigned as National Security Advisor after charges that he had lied to the FBI were leaked. General Flynn later pleaded guilty to Special Prosecutor Mueller’s charges of lying to the FBI on January 24th. The only way this makes sense is when you consider the financial and emotional cost of defending yourself against the government. This is particularly disturbing when the weight of the government is aimed at the destruction of one innocent person.

This is reminiscent of the tactics used against Billy Dale during the Clinton Administration. On November 17, 1995, The Los Angeles Times posted the following:

Billy R. Dale, a White House official fired for allegedly mismanaging staff and press travel arrangements, was acquitted Thursday by a federal court jury of charges that he embezzled $68,000.

Culminating a 13-day trial, jurors decided in less than two hours that federal prosecutors had failed to prove charges that Dale stole funds paid to his office by reporters and photographers who traveled with the President.

A White House employee for more than 30 years, Dale broke into tears as the verdict was announced.

Dale, 58, was at the center of a Clinton Administration travel office fiasco two years ago that resulted in seven employees being fired, and later in reprimands for those responsible for the dismissals.

The 1993 dismissals were inspired by complaints of mismanagement from Catherine Cornelius, a distant cousin of the President, and Hollywood producer Harry Thomason, a close friend of Clinton’s.

Cornelius wanted a more powerful job in the travel office, and Thomason was seeking a federal aviation contract.

There was no mention in the article of the financial and emotional toll this ordeal took on Billy Dale.

If we are going to end the government being used as a weapon against innocent Americans, we have to begin to send those guilty of doing the weaponization to jail.

General Flynn was charged after an illegal wiretap. The charges should not be against General Flynn–they should be against the people involved in the wiretap. If we want to see the misuse of the intelligence agencies end, the guilty parties have to go to jail–regardless of who they are.