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.

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.

Editing Evidence To Hide The Truth

Yesterday The Conservative Treehouse posted an article that illustrates what the investigation into the misuse of government agencies for political purposes is up against. One Judge, Judge Emmet Sullivan, is requiring the Mueller team to provide records regarding their investigation.

The article reports:

Among other evidence, the judge ordered the government to file on the public docket “the transcript of the voicemail recording” from President Trump’s attorney John Dowd to Michael Flynn.  The transcript of that voicemail recording was cited in the Mueller report as evidence that team Trump was trying to obstruct justice by shaping witness testimony. 

Today, the Mueller team released the transcript of the call (full pdf below). However, as originally noticed by RosieMemos the released transcript clearly shows the Mueller team  selectively edited the transcript to weaponized their portrayal of the contact. 

Below are the original and edited transcripts:

The article notes:

Notice how Mueller leaves out (via edits) the context of the call, and the important qualifier: “without you having to give up any confidential information.”   Clearly Dowd does not want to interfere in Flynn’s cooperation with the special counsel, which is opposite to the twisted claim presented by Weissmann and Mueller’s report.

The article includes the text of some emails between Peter Strzok and Lisa Page:

♦Strzok replies: “I know. I just talked with John, we’re getting together as soon as I get in to finish that write up for Andy (MCCABE) this morning.” Strzok agrees with Page about being stressed that “THIS” could go off the rails… (Strzok’s meeting w Flynn the next day)

So what is that about?

Why would Page & Strzok be stressed about “THIS” potentially going off the rails?

The answer is simple: they knew the content of the phone call between Mike Flynn and Sergey Kislyak because they were listening in, and they were about to exploit the Pence statement to CBS.  In essence they were admitting to monitoring Flynn, that’s why they were so nervous.  They were planning and plotting with Andrew McCabe about how they were going to exploit the phone-tap and the difference in public statements by VP Mike Pence.

There’s a good possibility Flynn was honest but his honesty contradicted Pence’s national statement on CBS; and Flynn likely tried to dance through a needle without being overly critical of VP-elect Pence misspeaking.   Remember, the alternative: if Flynn is brutally honest, the media now runs with a narrative about Vice-President Pence as a national liar. 

It is becoming more and more obvious that the deep state entities in the government were using the tools of government to overturn the will of the American voters–they were engaged in a coup. I don’t know if we still hang people, but everyone involved needs to go to jail.

Closer To The Truth

The Daily Caller posted an article today about the ongoing quest for Hillary Clinton’s emails.

The article reports:

A federal judge has ordered Hillary Clinton and two of her top aides at the State Department, Huma Abedin and Cheryl Mills, to attest, under penalty of perjury, that they have turned over all official government records in their possession.

…In his ruling, Sullivan (U.S. District Court judge Emmett Sullivan) ordered the Staet Department to “identify any and all servers, accounts, hard drives, or other devices currently in the possession or control of the State Department or otherwise that may contain responsive information.”

The State Department must also request that Clinton, Abedin and Mills “confirm, under penalty of perjury, that they have produced all responsive information that was or is in their possession as a result of their employment at the State Department.”

“If all such information has not yet been produced, the Government shall request the above named individuals produce the information forthwith,” Sullivan ruled.

The State Department must also require the trio “describe, under penalty of perjury, the extent to which Ms. Abedin and Ms. Mills used Mrs. Clinton’s email server to conduct official government business.”

The use of a private email server was illegal. It also posed a security risk because the private server did not have the anti-hacking software that would have been on the government server. It would probably be easier to ask the Chinese to give us everything that was on Mrs. Clinton’s server. Chances are that they have it.