Fighting Back Legally

The American Spectator posted an article today about the ongoing legal case of General Flynn. As you know, General Flynn’s new lawyer, Sidney Powell, is the author of the book Licensed to Lie, which details government abuses in cases against Enron and Ted Stevens among others. Ms. Powell has a very clear understanding of prosecutorial misconduct and how to deal with it.

The article at The American Spectator details a case in which a policeman charged with rape was able to get the charges dropped by shedding light on the actions of the prosecutors regarding the witnesses. The article refers to this as ‘graymail’ and suggests that this tactic will be used by Ms. Powell to defend General Flynn.

The article reports:

As you may recall, there are many disturbing questions surrounding the federal government’s investigation, arrest, and prosecution of Flynn. Although he has pled guilty to a flimsy and corruptly contrived charge of lying to the FBI, that plea came about after he had — according to media reports — bankrupted himself by paying $4 million in legal fees to the Washington law firm that represented him prior to Powell. In short, it appears that Flynn pled guilty because he couldn’t afford any more justice.

In addition to the law firm’s impressive professional achievement of turning a mere guilty plea proceeding into a reported $4 million payday, the known facts and circumstances surrounding the Flynn case are equally remarkable. We know that the charges arise out of an ambush interview orchestrated by former FBI Director James Comey and Deputy Director Andrew McCabe regarding contacts that Flynn, the incoming Trump administration’s National Security Adviser, had with Russian Ambassador Sergei Kislyak. According to Powell’s thorough, broadly worded, and aggressive discovery motion, recently produced (and previously withheld) government documents disclosed that “Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an ‘agent of Russia’ and/or of Turkey. Interestingly, the new production also shows that [former Director of National Intelligence] James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.” In addition, at the bar of the Court, Powell advised U.S. District Judge Emmet Sullivan that the recently disclosed documents showed the government had concluded that Flynn was neither a Russian nor a Turkish agent.

The article notes:

So why and how was Flynn targeted for destruction by the FBI and Justice Department? Powell’s discovery motion seeks answers to these questions by demanding the production of evidence exposing the links between the investigation and prosecution of Flynn to the Obama administration’s efforts to target, spy on, and frame Donald Trump.

The article goes on to list the documents requested.

The article concludes:

Moreover, if Judge Sullivan grants the defense even partial relief, the prosecutors will then be faced with a bitter choice, to wit:

(a) They can produce the damning evidence of the government’s corrupt activities in order to continue the prosecution of their ludicrous and petty false statements case against Flynn. Or (b) the prosecutors can do the smart thing by dropping the charges and quietly disappearing into the witness protection program.

If the prosecutors want my advice, in the event Judge Sullivan grants any part of Powell’s lethal motion, they should pick option (b) and ask the U.S. Marshal’s Service to relocate them to Arizona. I hear it’s nice there in the winter, and retirees can live comfortably on even a modest government pension.

I really like Plan B.

The Plot Thickens

On Monday, John Solomon posted an article at The Hill stating that in early June 2017 prosecutor Andrew Weissmann quietly reached out to the American lawyers for Ukrainian oligarch Dmitry Firtash with a tempting offer: Give us some dirt on Donald Trump in the Russia case, and Team Mueller might make his 2014 U.S. criminal charges go away. Wow.

The article further reports:

The DOJ, Mueller’s office and Weissmann did not immediately respond to emails requesting comment on Monday.

At first blush, one might ask, “What’s the big deal?” It’s not unusual for federal prosecutors to steal a page from Monty Hall’s “Let’s Make a Deal” script during plea negotiations. 

But Weissmann’s overture was wrapped with complexity and intrigue far beyond the normal federal case, my sources indicate.

At the time, pressure was building inside the DOJ and the FBI to find smoking-gun evidence against Trump in the Russia case because the Steele dossier — upon which the early surveillance warrants were based — was turning out to be an uncorroborated mess. (“There’s no big there there,” lead FBI agent Pete Strzok texted a few days before Weissmann’s overture.)

Likewise, key evidence that the DOJ used to indict Firtash on corruption charges in 2014 was falling apart. Two central witnesses were in the process of recanting testimony, and a document the FBI portrayed as bribery evidence inside Firtash’s company was exposed as a hypothetical slide from an American consultant’s PowerPoint presentation, according to court records I reviewed.

In other words, the DOJ faced potential embarrassment in two high-profile cases when Weissmann made an unsolicited approach on June 4, 2017, that surprised even Firtash’s U.S. legal team.

To some, the offer smacked of being desperately premature. Mueller was appointed just two weeks earlier, did not even have a full staff selected, and was still getting up to speed on the details of the investigation. So why rush to make a deal when the prosecution team still was being selected, some wondered.

Please follow the link to read the entire article.

The article concludes:

Weissmann long has been a favorite target of conservatives, in part because his earlier work as a prosecutor in the Enron case was overturned unanimously by the U.S. Supreme Court because of overly aggressive prosecutorial tactics. Former DOJ official Sidney Powell strongly condemned Weissmann’s past work as a prosecutor in “Licensed to Lie,” a book critical of DOJ’s pressure tactics. 

It is now clear that Weissmann’s overture to a Ukrainian oligarch in the summer of 2017 is about to take on new significance in Washington, where Mueller is about to testify, and in Austria, where Firtash’s extradition fight has taken a new twist.

This is reminiscent of Lavrentiy Pavlovich Beria, head of Stalin’s secret police. He told Stalin, “Show me the man and I’ll find you the crime.”.  It seems as if that was the approach of the Mueller investigation of President Trump, regardless of who was actually leading the investigation.

A Book I Plan To Read

Sidney Powell’s Licensed to Lie: Exposing Corruption in the Department of Justice is a book I plan to read. The American Thinker posted an article today about the book.

The book lists a number of examples where the Justice Department was anything but just:

False charges brought by overzealous prosecutor Andrew Weissmann (Robert Mueller’s right-hand man) in the case against leading accounting firm Arthur Andersen. Although the conviction was subsequently reversed unanimously by the Supreme Court, Andersen was completely destroyed, its 85,000 employees lost their jobs, and the assets of untold investors were wiped out. Weissmann was promoted by the DoJ.

Destruction of the lives of four Merrill Lynch executives. Before they could appeal their fake convictions, they were sent to prison with the toughest criminals in the country. “They did the worst things they could possibly do to these men,” says Powell. The defendants were eventually exonerated on appeal, but it was only after one of them served eight months in solitary confinement.

Frequent failure by the DoJ to disclose evidence favorable to defendants as required by law.

Using the phony Steele dossier, the DoJ and FBI unlawfully obtained FISA warrants for the surveillance of the Trump election campaign. The dossier was then used to justify creation of a special counsel to investigate alleged Trump-Russia collusion. After two years, that investigation is nothing more than a witch-hunt against Trump supporters.

Leaking at the top levels of the FBI and DoJ in the midst of criminal investigations.

Unwillingness of federal judges to discipline the DoJ for its transgressions.

We have seen this sort of questionable behavior by Robert Mueller and Andrew Weissmann in the investigation of Trump-Russia collusion. Paul Manafort is in solitary confinement for no apparent reason, and Roger Stone was arrested in a scenario that would have been appropriate for El Chapo, but not for a sixty-something man with no guns and a deaf wife.

The article at The American Thinker concluldes:

The civil rights of innocent individuals are being violated for no reason other than their political views. Do you think William Barr, our new attorney general, will do something to stop it? Let’s hope he is more effective than his predecessor. Unless the Mueller investigation is terminated and we address the real scandal in our government — corruption at the top levels of the DoJ and FBI — we can kiss the American system of justice goodbye.

Regardless of which side of the political aisle you reside, this should frighten you. If a group of people with a common political philosophy can pervert justice in America, then the tables could turn at any time and another group of people with a different political philosophy could do the same thing.