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.

Slowly The Truth Comes To Light

On Tuesday, Sara Carter posted an article about a recent court hearing for General Flynn. It seems that in an effort to destroy General Flynn because of his association with President Trump, the Justice Department broke many of the laws put in place to protect American citizens from overzealous prosecutors.

The article reports:

A bombshell revelation was barely noticed at National Security Advisor Michael Flynn’s hearing Tuesday, when his counsel revealed in court the existence of a Justice Department memo from Jan. 30, 2017 exonerating Flynn of any collusion with Russia. The memo, which has still not been made available to Flynn’s attorney Sidney Powell, is part of a litany of Brady material she is demanding from prosecutors. The memo is currently under protective order and Powell is working with prosecutors to get it disclosed, SaraACarter.com has learned.

U.S. District Court Judge Emmet G. Sullivan presided over the hearing Tuesday  and set a tentative Dec. 18 sentencing date. He told the prosecution and defense that the sentencing date could be moved depending on the outcome of requests for Brady material requested by Powell and how the case will unfold in the upcoming months. Sullivan also noted during the hearing that the Brady order takes precedence over the plea agreement.

The article continues:

Powell noted the extraordinary misconduct of the government during the hearing. She also said that Flynn would have never pleaded guilty if the government had disclosed the Brady materials before the original trial that she is now demanding. There would not have been a plea if the prosecutors had met their Brady obligations, Powell argued before the court.

Powell’s discovery of the memo shatters not only the narrative that was pushed by former Obama Administration officials regarding Flynn but also the ongoing narrative that President Donald Trump’s concern over Flynn’s prosecution amounted to alleged obstruction.

The January, 2017 timeline of the DOJ memo is extremely significant. Former FBI Director James Comey said in previous interviews that he leaked his memos through a friend to be published in the New York Times with the hope of getting a special counsel appointed to investigate Trump for obstruction. In late August, Inspector General Michael Horowitz released his much anticipated report on Comey. It was scathing and revealed that he violated FBI policy when he leaked his memos that described his private conversations with  Trump. However, the DOJ declined to prosecute Comey on Horowitz’s referral.

The article concludes:

According to Comey’s memo Trump said: “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”

Comey suggested that Trump’s request was inappropriate, accusing him of obstructing justice by asking him to drop Flynn’s case. He used this as a pretense to leak his memos and put the nation through more than two years of Robert Mueller’s Special Counsel, which in the end found no evidence of a conspiracy with Russia. As for obstruction, Attorney General William Barr and then Deputy Attorney General Rod Rosenstein concluded that there was no obstruction based on the evidence gathered by Mueller’s team.

However, if Comey would have advised Trump of the Jan. 30 memo it would have cleared up any unfounded lies that Flynn had in any way colluded or conspired with Russia.

Even if the charges against Flynn are dropped, is the government going to buy him a house to replace the one he had to sell to pay the lawyers to defend him? The bill for a new house should be presented to James Comey, Robert Mueller, Andrew Weissmann, and Rod Rosenstein, and it should be a mansion.

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.

Choose Your Lawyer Wisely

It was announced recently that General Flynn had fired the attorneys who were supposed to defend him against the charges brought against him in the Mueller investigation. It is annoying to me that James Comey bragged about not going through the proper protocol to interview General Flynn and about telling the General that he did not need a lawyer. It seems to me that a man who had served his country for many years was treated very shabbily by the government he served for so many years. Well, things may be changing.

Sara Carter posted an article today reporting that General Flynn has hired defense attorney Sidney Powell to represent him before his sentencing hearing in Washington D.C.’s federal court. Sidney Powell wrote the book License to Lie about previous cases where Andrew Weissmann  misused his power as a prosecutor.

The article reports:

Powell is the author of the New York Times best seller and tell-all book Licensed To Lie, which exposed the corruption within the justice system. The book is based on the case Powell won against prosecutor Andrew Weissmann, when he was deputy and later director of the Enron Task Force.

Weissmann served as Mueller’s second in command for the special counsel investigation into the Trump campaign, despite the fact that his tactics have been highly criticized by both judges and colleagues. He was called unscrupulous and has had several significant issues raised about how he operated during the Mueller inquiry into Trump campaign officials, including Flynn.

He prosecuted the accounting firm Arthur Andersen LLP, which ended in the collapse of the firm and 85,000 jobs lost world wide. Maureen Mahoney took the case to the Supreme Court, and Powell consulted.  Mahoney overturned Weissmann’s conviction and the decision was reversed unanimously by the court.

Powell has openly stated in columns and on cable networks that Weissmann’s dirty tactics of withholding exculpatory evidence and threatening witnesses to garner prosecutions should have had him disbarred long ago.

It seems to me that Weissmann has not changed his tactics. It is good news that Sidney Powell will be representing Michael Flynn. I suspect that with her as his lawyer, Flynn’s case will be thrown out of court.

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.