How Long Will The Flynn Saga Continue?

The American Spectator posted an article today about the ongoing case of General Flynn.

The article includes a very good lawyer joke:

Sigmund Freud dies and goes to Heaven, where he’s met at the Pearly Gates by Saint Peter.

“Dr. Freud, thank goodness you’ve come! We have a crisis and need your professional help!”

“How so?” asks Freud.

“It’s God. He’s having delusions of grandeur.”

“What are His symptoms?” asks Freud.

“He thinks He’s a federal judge!”
 — Old trial lawyer joke

U.S. District Judge Emmet Sullivan seems to have forgotten that he is not god in handling the Flynn case. Judge Sullivan had been ordered by the U.S. Attorney for the District of Columbia to dismiss the case.

The article explains what happened next:

In filings before the circuit court, Sullivan explained that he plans to “question the bona fides of the government’s [dismissal] motion,” “inquire about the government’s motions and representations,” “illuminat[e] the full circumstances surrounding the proposed dismissal,” and probe “whether the presumption of government regularity for prosecutorial decisions is overcome” in “the unusual facts of this case.”

In a 2-1 decision, a panel of the D.C. Circuit Court of Appeals granted the petition and ordered Sullivan to grant the motion to dismiss the criminal charge against Flynn.

Noting that, although Rule 48 requires “leave of court” before dismissing charges, under well-founded legal precedent “decisions to dismiss pending criminal charges — no less than decisions to initiate charges and to identify which charges to bring — lie squarely within the ken of prosecutorial discretion”  and that “the principal object” of the “leave of court” requirement is “to protect a defendant against prosecutorial harassment … when the Government moves to dismiss an indictment over the defendant’s objection.”

The article concludes:

And, when Sidney Powell took over Flynn’s representation, Sullivan accused her of some kind of purportedly unethical and previously unknown crypto-plagiarism because she had not, in his estimation, properly attributed the source of the legal precedents cited in her pleadings. I’ll give it to Sullivan. That was a first in my book since every legal filing I’ve ever seen used case citations indistinguishable in format from those used by Powell.

So, what’s the chance that Sullivan will seek a rehearing en banc? Seven of the 12 circuit court judges were appointed by Democrat presidents. Combine those favorable odds with Sullivan’s demonstrated hostility to Flynn, his grandiose concept of his judicial powers, his undoubted humiliation at being subjected to a writ of mandamus for committing, in the words of the panel, “clear legal error,” and the answer begins to come into focus.

Given those factors, why wouldn’t Judge Sullivan seek a rehearing before the full circuit court? And, even if he should fail in that regard, why wouldn’t he then take his cause to the U.S. Supreme Court? It’s a no-lose situation for him. Given the political composition of the D.C. Circuit, he may win. But, even if he doesn’t, by pursuing the litigation he will continue to provide ammunition to the anti-Trump forces that pervade the D.C. swamp and, at the very least, gain a permanent open invitation to all the right Georgetown cocktail parties.

I hope I’m wrong. But five decades of closely observing pampered, egocentric federal judges tells me that I’m not.

I hope he is wrong; I fear he is not.

 

 

The Dead Case Continues

Yesterday Townhall posted an article about the continuing saga of Michael Flynn. This story should have been over years ago, but there are enough deep state operatives running around Washington to keep it alive. The real root of the case is that Michael Flynn is a very smart man who would have figured out the corruption in the Department of Justice in his first week on the job.

Townhall focused on the missing 302, the form that the agents interviewing General Flynn would have filled out at the time. The original 302 has somehow gone missing. The article includes a timeline of the case.

The article cites the latest developments in the case:

Sidney Powell is part of Flynn’s new and aggressive legal team, who said in October that new documents would show an FBI entrapment plot. Well, that day arrived for sure. Flynn has fought to withdraw his guilty plea since the beginning of this year. Right now, his legal team has filed a new writ of mandamus to get this case tossed, the judge removed, and the amicus brief motion dismissed as well. Yeah, I forgot to mention that Sullivan decided he was going to allow every anti-Trump legal team in the world to file amicus briefs. The good news is that the DC Court of Appeals had every right to dismiss the writ outright, no questions asked. Instead, they’ve ordered Sullivan to respond to Powell’s writ personally and defend his actions regarding this case. Legal observers noted this is a huge development and a sign that Flynn’s legal team already passed a huge hurdle. Not only that, but the DC Court gave this judge the most serious method regarding a response. It’s quite clear that the DC Court of Appeals is disturbed by Sullivan’s actions. We’ll circle back to that in a few days. It seems that at least part of the writ might be granted and bring Flynn closer to putting this nightmare behind him. 

Yesterday Paul Mirengoff at Power Line Blog reported the following:

Judge Emmet Sullivan has hired Beth Wilkinson to represent him as he defends his unusual actions in the Michael Flynn case before the U.S. Court of Appeals for the D.C. Circuit. Sullivan already asked for assistance from outside counsel when he appointed John Gleeson to argue against the Justice Department’s motion to dismiss the Flynn prosecution. That extraordinary move helped land Sullivan in the dock, so to speak, thus causing him to enlist Wilkinson as his lawyer.

A highly regarded litigator, Wilkinson represented top aides to Hillary Clinton in her email controversy. She also assisted Brett Kavanaugh when Christine Blasey Ford made her unsubstantiated allegations against him.

Sullivan’s retention of a hired gun litigator is the latest in a long line of bizarre developments in the Flynn case. The likelihood that, in the face of the D.C. Circuit’s order that he file a brief explaining himself, Sullivan would finally bring an end to the farce by granting the DOJ’s motion was never great. With Sullivan now lawyering up, it seems clear that the farce will drag on, with yet another bizarre twist, for a while longer.

It would be really interesting to know who is paying Judge Sullivan’s legal fees.

Why Should These Records Remain Hidden?

Yesterday The Gateway Pundit reported the following:

On Monday General Flynn Attorney Sidney Powell tweeted out that the law firm Covington and Burling that mis-represented General Michael Flynn is resisting turning over all documents and specifically those of Eric Holder and Michael Chertoff discussing the Flynn case.

It should be noted that Michael Chertoff is considered to be the co-author of the Patriot Act. Also, who helped General Flynn in deciding which law firm to hire? The article reminds us of the conflicts of interest the law firm had in representing General Flynn:

President Obama’s first Attorney General, Eric Holder, left a corrupt life in public office and returned to the law firm Covington.  While at Covington, lawyers from his firm represented General Mike Flynn and requested dirt on President Trump while withholding important information from General Flynn.  It needs to be asked.  Was Eric Holder involved?

After working for President Obama for six years, Attorney General Eric Holder returned to the law firm where he had previously worked, Covington, where he became a partner in 2015.

The article continues:

Covington had numerous conflicts of interest related to their biggest case ever, representing General Michael Flynn in his unjust indictment by the Mueller gang.  Flynn’s attorneys at the firm withheld evidence from their client.  They asked for dirt on President Trump.  They hired individuals that were involved in the criminal Spygate scandal.

There is no way that a partner at Covington like Eric Holder was not aware of the firm representing General Flynn in the biggest case in the US.
This all is so corrupt, it makes you wonder if former corrupt Obama AG Holder was involved.

Thank God that Attorney Sidney Powell was willing to step in (pro bono) and give General Flynn the honest representation that he is entitled to under law.

A New Development In The General Flynn Case

Yesterday The Western Journal posted an article about a stunning new development in the case against General Flynn.

The article reports:

A Twitter user identified as Techno Fog, who has covered the Flynn case closely since it started, posted documents Tuesday showing the Department of Justice acknowledging that the 302s it had filed incorrectly labeled Stzrok’s notes as belonging to Pientka, and Pientka’s notes as belonging to Strzok.

The admission came in a letter to Powell from Jessie K. Liu, the U.S. attorney for the District of Columbia.

The article includes the following screenshot:

Wow!

So what should happen now? First of all, the case should be totally thrown out. Second of all, I strongly recommend that anyone who lied in any way during this investigation should be forced to pay restitution to General Flynn–not the government, but the people in the government who misused their offices to smear and bankrupt an American citizen.

 

Am I Supposed To Be Surprised By This?

A while back, General Flynn got a new lawyer. It was probably the smartest thing he has ever done. Sidney Powell is an amazing lady. She has no fear of going after corruption, wherever it lies. Her efforts are definitely revealing things that were terribly wrong about the way the government handled General Flynn’s case.

The Gateway Pundit posted an article today about the latest development in the case against General Flynn. Please follow the link to read the entire article. It includes some very revealing screenshots.

The article reports:

Sidney Powell filed a motion a couple weeks ago revealing that General Flynn was indeed set up by the FBI with an ambush, damaging leaks and altered 302 reports.

Powell revealed that former FBI lawyer Lisa Page EDITED General Mike Flynn’s 302 report, then lied to the DOJ about the edits.

A 302 summary report consists of contemporaneous notes taken by an FBI agent when interviewing a subject.

The DOJ on Friday argued in a surreply that Sidney Powell’s motion should be denied because there were “no material changes made after 2/10/2017 to the draft of the January 24 interview report.”

However, there is evidence to the contrary.

The article shares some information from a website called Techno Fog which undermines the DOJ’s claim.

The article continues:

The DOJ argued that “Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes.” — SERIOUSLY??

So where are the original FBI notes taken on January 24, 2017? The government is now saying if they exist, they wouldn’t be any different than the reports drafted 2 weeks after the ambush interview!

The Justice Department’s decision is that Peter Strzok’s notes were taken contemporaneously during his interview with General Mike Flynn on January 24, 2017.

The article contrasts two pictures of notes supposedly taken during the interview. Peter Strzok’s notes are a little to neat to have been taken during the interview. Special Agent Joe Pientka, who was with Peter Strzok, took notes that look much more as if they were taken at the time of the interview.

Why are we not surprised that the DOJ seems to have lost the original notes of Peter Strzok’s interview of General Flynn?

This Could Be Very Good News For The Rule Of Law

Paul Mirengoff posted an article at Power Line Blog yesterday about a new development in the court case involving General Flynn.

The article reports:

Judge Emmet Sullivan reportedly has cancelled a November hearing he had scheduled in the case of Gen. Michael Flynn. Judge Sullivan said he is cancelling the hearing “in view of the parties’ comprehensive briefing concerning Defendant’s Motion to Compel Production of Brady Material.” In other words, he has all the argumentation he needs to rule on this motion.

In this post, John discussed and embedded Flynn’s reply brief in support of that motion, filed by Sidney Powell. He described the evidence presented by Powell on Flynn’s behalf as “bombshells.” I think that’s a fair characterization.

The cancellation of oral argument tells us that Judge Sullivan is ready to rule, but not what his ruling will be. I understand, though, that Gen. Flynn’s legal team considers today’s order by Sullivan good news. Its comprehensive discussion of prosecutorial abuse in this matter stands unrebutted.

Sidney Powell has done an amazing job for General Flynn. She has uncovered evidence that indicates prosecutorial abuse and other unusual happenings in the charges brought against him. Hopefully the charges against him will be dropped, and those responsible will be forced to pay restitution. It is a sad day in America when an innocent man who has devoted his life to serving his country loses his house in his battle to prove his innocence. Restitution should be required–not by the taxpayers, but by the members of the Mueller team who violated General Flynn’s civil rights.

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.