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Flynn attorney files emergency appeal to shut down Judge Sullivan's orders, boot him from case

Flynn attorney files emergency appeal to shut down Judge Sullivan's orders, boot him from case

 

BY:  Greg Re

 

Michael Flynn's attorney Sidney Powell on Tuesday filed an emergency writ of mandamus to the D.C. Circuit Court of Appeals seeking the immediate removal of Judge Emmet Sullivan from the case -- and saying that under appellate precedent set by the "Fokker Services" case, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.

 

Writs of mandamus are extraordinary remedies, which are appropriate when there has been a "usurpation of judicial power" that is "clear and indisputable" -- and, Powell argued, Sullivan's behavior fits the bill. Powell pointed in particular to Sullivan's bizarre suggestion in December 2018 that Flynn had "sold out his country" and could have been prosecuted for "treason," as well as Sullivan's misstatements on the facts of the case.

 

Powell also demanded the appellate court vacate Sullivan's order appointing an "amicus curiae," or "friend of the court," to argue in favor of preserving Flynn's guilty plea on one count of making false statements to the FBI during an unusual January 24, 2017 White House interview. Oral arguments are set for July 16.

 

The amicus appointed by Sullivan, retired federal judge John Gleeson, has openly criticized the Trump administration's handling of Flynn's case, raising concerns that he was selected to improperly bolster Sullivan's efforts to keep the Flynn case alive even though both the government and defendant want it dismissed. (In 2013, Gleeson himself held that “the government has near-absolute power under [the Federal Rules of Criminal Procedure] to extinguish a case that it has brought" -- but he has since apparently changed his opinion.)

 

"Neither the Federal Rules of Criminal Procedure nor the district court’s local rules authorize amicus participation in criminal cases," Powell wrote in Tuesday's filing. "Prior to issuance of its extraordinary May 12, 2020, order, the district judge adhered scrupulously to the district court’s rules, denying some two dozen attempts by third parties to intervene or file amicus briefs in this very case."

 

Further, Powell cited the 2016 D.C. Circuit court case United States v. Fokker Services for the proposition that a "district court cannot deny the Government’s motion to dismiss because the judge has 'a disagreement with the prosecution’s exercise of charging authority,' such as 'a view that the defendant should stand trial' or 'that more serious charges should be brought.'"

 

Powell also said trial courts cannot second-guess the government's “conclusion that additional prosecution or punishment would not serve the public interest.” (“We are unaware … of any appellate decision that actually upholds a denial of a motion to dismiss a charge” on grounds that dismissal would not serve the “public interest,” the D.C. Circuit stated in the Fokker case.).

 

Sullivan, Powell argued, has not met the Fokker standard. However, Ryan Fayhee, an attorney at Hughes Hubbard & Reed who previously served as a top prosecutor and national security official at the DOJ, told Fox News the Fokker case was distinguishable.

 

Fokker "concerned a deferred prosecution agreement, and not a knowing and voluntary guilty plea," Fayhee said. "In that case the judge’s role was ministerial and limited to whether the Speedy Trial Act could be extended in the interest of justice; it did not consider whether the Justice Department may dismiss a case post-plea (an unprecedented and novel issue); nor whether a district court judge may initiate a contempt proceeding as is being considered here."

 

Fayhee added that a writ of mandamus "is exceedingly rare even to be filed, must less granted by the Court of Appeals," although he asserted that "there is a real and genuine legal issue presented here and it is possible that the Court of Appeals may ultimately side with Flynn."

In the meantime, "it is not at all unusual for a district judge to allow for an amicus brief to inform the judge’s legal analysis when the parties would otherwise be aligned," Fayhee cautioned.

 

'WHERE IS CHRISTOPHER WRAY'?' GOP LAWMAKERS TAKE MATTERS INTO THEIR OWN HANDS AFTER FBI DIRECTOR GOE...

 

Separately, Powell also cited the 1996 Supreme Court case United States v. Armstrong for the proposition that the district court must be mindful that "the presumption of regularity" applies to "prosecutorial decisions and, in the absence of clear evidence to the contrary, courts presume that [prosecutors] have properly discharged their official duties.’"

 

The DOJ, Powell said, had ample reason to seek the dismissal of Flynn's case, in the light of newly released exculpatory information. "Now additional facts have established he was not interviewed for a legitimate purpose, and therefore any statements he made were not 'material' under 18 U.S.C. §1001, the Government justly believes that he is not guilty of any crime," Powell wrote.

 

For example, explosive handwritten notes that surfaced earlier this month -- written by Priestap after a meeting with then-FBI Director James Comey and then-FBI Deputy Director Andrew McCabe, Fox News is told -- suggested that agents planned to interview Flynn at the White House on January 24, 2017 "to get him to lie, so we can prosecute him or get him fired."

 

In the alternative, Priestap's note suggested a possible goal was to get Flynn "to admit to breaking the Logan Act" when he spoke to Russia's then-Ambassador Sergey Kislyak during the presidential transition period.

 

The Logan Act has never been successfully used in a criminal prosecution and has a questionable constitutional status; it was enacted in 1799 in an era before telephones, and was intended to prevent individuals from falsely claiming to represent the United States government abroad.

 

Priestap's memo conspicuously surfaced only this month, even though the Justice Department and FBI had been under an obligation to turn over all relevant, potentially exculpatory materials to Flynn's legal team since February 2018. (Attorney General Bill Barr had appointed U.S. Attorney Jeff Jensen to review the DOJ's handling of the Flynn case, and Jensen apparently unearthed the documents.)

Meanwhile, top DOJ prosecutor who had repeatedly told the court that the FBI had complied with the order to turn over exculpatory materials, Brandon Van Grack, was abruptly pulled from the Flynn case after Fox News pointed out his apparent misrepresentations.

 

When he pleaded guilty, Powell wrote, "General Flynn could swear truthfully that he committed the acts constituting the crime with which he was charged—after all he had no duty to tell FBI line agents about missions he undertook in his capacity as Security Advisor to the President Elect—but he had to accept on faith that the questions were 'material' to a legitimate criminal investigation, even though that was not made clear to him at the time. In truth, they were not. Because the Government failed to disclose this information to the defense, General Flynn had no way of knowing that it was false."

Finally, Powell sought Sullivan's immediate removal, citing his incendiary comments from the bench in December 2018, a year after Flynn's guilty plea.

 

"If the Court grants the principal relief Petitioner seeks, there may not be much by way of further proceedings in the case, but there could be. Petitioner, the Government, and the appearance of justice will best be served by having another judge—one who has not implied that [Flynn] is a traitor—conduct any further proceedings in the case," the writ says.

 

Sullivan suggested Flynn may have committed treason, in the bizarre December 2018 courtroom outburst, and seemingly confused key details about Flynn's overseas lobbying work. More recently, Sullivan has suggested he isn't bothered by the FBI's missing FD-302 witness report of agents' January 24, 2017 White House interview with Flynn that Comey has previously said was prepared within days of the interview, as required by policy.

 

"[T]hings happen and documents are lost," Sullivan stated. "I mean, it just happens.”

Former FBI SWAT agent James Gagliano called that a "shockingly cavalier" reaction by Sullivan. Gagliano, who initially defended the FBI's Flynn probe, has more recently said Flynn was "railroaded," after this month's bombshell revelations.

 

"The district judge’s manifest confusion about the facts of this case, accusing General Flynn of treason and having 'sold out his country,' and his punitive intentions are well documented," Powell wrote. Sullivan also said he had "disdain" and "disgust" for Flynn's actions.

 

Specifically, also during his December 2018 outburst, Sullivan incorrectly accused Flynn of working as an agent of a foreign government "while serving as national security adviser." The only accusations against Flynn pertaining to possible Foreign Agents Registration Act (FARA) violations related to his consulting work in Turkey, well before his appointment as national security adviser. Flynn was never charged with FARA violations.

 

Powell continued: "The district judge’s latest actions— failing to grant the Government’s Motion to Dismiss, appointing a biased and highly-political amicus who has expressed hostility and disdain towards the Justice Department’s decision to dismiss the prosecution, and the promise to set a briefing schedule for widespread amicus participation in further proceedings—bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny. This is an umpire who has decided to steal public attention from the players and focus it on himself. He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field."

 

During the White House interview, Flynn told the agents "not really" when asked if he had sought to convince Kislyak not to escalate a brewing fight with the U.S. over sanctions imposed by the Obama administration, according to a later, contested FD-302 witness report prepared by the FBI weeks after the interview. Flynn also reportedly demurred when asked if he had asked Russia to veto a U.N. Security Council resolution that condemned Israel’s settlements in the West Bank.

 

OBAMA KNEW DETAILS OF FLYNN CASE, SHOCKING TOP DOJ OFFICIAL, DOCS SHOW

 

Flynn issued other apparently equivocal responses to FBI agents' questions, and at various points suggested that such conversations might have happened or that he could not recall them if they did, according to the 302. But questions remained as to the strength of the FBI's case.

 

"Text messages between the FBI Agents Peter Strzok and Lisa Page (Deputy FBI Director Andrew McCabe’s special counsel), revealed that, weeks after the pretextual interview, Strzok was still rewriting the 302 so completely that he struggled to 'maintain Joe [Pientka]’s voice,'" Powell wrote in Tuesday's filing, referring to one of the agents who interviewed Flynn. "Page and Strzok massaged the 302 until McCabe approved it, and it was filed as final on February 15, 2017—two days after General Flynn resigned from the White House."

 

On Monday night, top GOP lawmakers sought again to interview Pientka, saying the FBI was ignoring their requests.

 

Fox News previously determined that Pientka also was intimately involved in the probe of former Trump aide Carter Page, which the DOJ has since acknowledged was riddled with fundamental errors and premised on a discredited dossier that the bureau was told could be part of a Russian disinformation campaign.

 

Pientka was removed from the FBI's website after Fox News contacted the FBI about his extensive role in Crossfire Hurricane Foreign Intelligence Surveillance Act (FISA) matters -- a change first noticed by Twitter user Techno Fog -- but sources said Pientka remained in a senior role at the agency's San Francisco field office. The FBI told Fox News shortly before Pientka's removal from the website that reporting on his identity could endanger his life, even though he serves in a prominent senior role at the bureau.

 

Then-FBI Director James Comey admitted in 2018 that the Flynn interview at the White House by Strzok and Pientka didn't follow protocol, and came at his direction. He said it was "something I probably wouldn't have done or maybe gotten away with in a more... organized administration."

 

HOROWITZ REPORT SPOTLIGHTS LITTLE-KNOWN AGENT PIENTKA'S ROLE IN PAGE, FLYNN MATTERS

 

And, then-FBI Deputy Director Andrew McCabe later said the interview was "very odd" because "it seemed like [Flynn] was telling the truth" to the two agents who interviewed him. Flynn, the interviewing agents told McCabe, "had a very good recollection of events, which he related chronologically and lucidly," did not appear to be "nervous or sweating," and did not look "side to side" -- all of which would have been "behavioral signs of deception."

 

Further, the FBI 302 indicated that Flynn apparently was aware his communications had been monitored, and at several points he thanks the FBI agents for reminding him of some of his conversations with Russian officials. A Washington Post article published one day before Flynn's White House interview with the agents, citing FBI sources, publicly revealed that the FBI had wiretapped Flynn's calls with Kislyak and cleared him of any criminal conduct. It was unclear who leaked that information to the Post -- or why the FBI would need to question Flynn about his contacts given that the bureau had already recorded them.

 

 

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US District Court Judge Emmet Sullivan, who is overseeing former national security adviser Michael Flynn's criminal lying case, has retained a Washington, DC, law firm run by well-known trial lawyer Beth Wilkinson to help him respond to the appeals court about the Flynn case, according to a person familiar with the arrangement.

It'll be a high profile legal assist in what's become one of the most unusual and polarizing criminal matters in DC federal court in years.

 

Looks to me like the judge is taking this old saying to heart. "A man who represents himself in court has a fool for an attorney".  The judge was asked by a 3 judge panel (two are Republican Trump appointees) to explain his actions.  I suspect neither Flynn nor Trump will be happy when this gets out.  

 

In other news, the intelligence community is preparing to declassify the surveillance tapes between Flynn and the Russian Ambassador.  You know, the ones Flynn lied about to the FBI?  My guess is that will not make the Trump administration look too good either. 

Honored Social Butterfly

With one exception, I stand by my previous post. I forgot about Flynn changing lawyers. Jim was finally correct about something. Nonetheless, here's a profile of the prestigious international law firm of Covington & Burling, who represented Fynn when he pled  GUILTY TWICE in Federal Court. They are an internationally renowned law firm. 

 

It's no surprise that Washington, DC, law firm Covington & Burling, sandwiched on Pennsylvania Avenue between Capitol Hill and the White House, specializes in government regulation. With more than 850 lawyers, the firm also has strong antitrust, intellectual property, international trade, mergers and acquisitions, and tax practices. Its client list has included Microsoft, the NBA, the NFL, and the NHL. (Former NFL commissioner Paul Tagliabue is a former Covington & Burling lawyer.) The firm, which boasts robust white-collar defense and government investigations practices, was founded in 1919.

Honored Social Butterfly


@CriticalThinking wrote:

 

The firm, which boasts robust white-collar defense and government investigations practices, was founded in 1919....who represented Fynn when he pled GUILTY TWICE in Federal Court.

 

Advising Flynn is a obviously a legal disaster.  So, what matters exactly now is what Judge Sullivan and his Friend of the Court rule and advise about Flynn ratting himself out.  I don't think this appeal will amount to making Flynn any less guilty and a "new judge" is quite the stretch.  Tap Dancing Visions from lala land.

I would be interested in knowing more of his plea deal, how he's been cooperating and with what.

 

Honored Social Butterfly

The Reason Why Barack Obama Targeted Michael Flynn Goes Well Past Petty Politics

 

With new evidence emerging to show just how widespread the targeting of Michael Flynn was by the Obama administration, lots of questions remain. As I wrote this morning, even Christopher Steele got in on the act, being paid by the FBI to help dig up dirt on the then incoming NSA. Because of a recently declassified email by Susan Rice, we also know for sure that Barack Obama was intimately involved in the scheme.

 

The question of why remains front and center though.

 

Obviously, we could just assume politics drove matters. Donald Trump was someone Obama wanted to stop from becoming President, so they did whatever it would take to kneecap him. That’s a simple and probable enough behind their malfeasance. There’s also the issue of the Trump-Russia investigation and the realization that Flynn would uncover it all if he assumed his position. Either of those explanations makes sense, and no doubt they played a role in the thinking.

 

But there’s a third possibility which perhaps played a greater role in motivating Obama to take action.

 

 

So if the Obama administration wasn’t alarmed by Flynn’s nonexistent ties to Russia, why was he Obama’s No. 1 target? Why were officials from the previous administration intercepting his phone calls with the Russian ambassador?

 

The answer is that Obama saw Flynn as a signal threat to his legacy, which was rooted in his July 2015 nuclear agreement with Iran—the Joint Comprehensive Plan of Action (JCPOA). Flynn had said long before he signed on with the Trump campaign that it was a catastrophe to realign American interests with those of a terror state. And now that the candidate he’d advised was the new president-elect, Flynn was in a position to help undo the deal. To stop Flynn, the outgoing White House ran the same offense it used to sell the Iran deal—they smeared Flynn through the press as an agent of a foreign power, spied on him, and leaked classified intercepts of his conversations to reliable echo chamber allies.

Flynn had butted heads with Obama before, eventually leading to his firing. He had long opposed the Iran nuclear deal, rightly pointing out the dangers behind it and idiocy driving it. In the end, Obama would get his way though, signing a deal in 2015 which effectively green lit Iran’s nuclear program in exchange for a short delay and a lot of empty promises surrounding moderation of the regime.

 

But as more information came out, it was obvious that Obama didn’t just get snookered by the Mullahs. He had actively chosen to play into their hands largely because he saw the deal as the linchpin of his legacy. Some time between his re-election and the signing of the deal, Obama went from a somewhat worthy pursuit to becoming obsessed with signing a deal at all costs. That’s how you end up with situation where the Iranians are given billions in cash and only had to effectively agree to pause enrichment.

 

Of course, things went far deeper than that. There was also evidence beginning to emerge in 2016 that shady, corrupt dealings had went on to make sure the deal was signed. Things such as trying to backdoor Iran access to the financial system and lies being told about what the JCPOA actually did. Those were dealings Flynn had every intention of exposing.

 

Flynn not only made it clear that he wanted to undo the Iran Deal, he also broadcast his determination to find the documents detailing the secret deals between Obama and Iran, and to publicize them. With Flynn on the march, the outgoing administration was keen to shield the JCPOA. Obama diplomats consulted with their European counterparts and gave the clerical regime more sanctions relief, even after the Senate agreed with a 99 to 0 vote to renew the Iran Sanctions Act. Kerry called his Iranian counterpart to tell him not to worry.

Recall that Obama was not profoundly interested in Russia prior to the election. While it’s easy to look back and assume he was all aboard the collusion train in 2016, the truth is that he was mostly AWOL, allowing Russia to run roughshod when he thought it would benefit him. As Smith points out, it was Hillary Clinton who wanted to use Russia as a campaign issue. Meanwhile, Obama made some empty threats and essentially did nothing.

 

In other words, the idea that this was always about Russia doesn’t add up. What makes far more sense is that Obama originally turned his sights on Flynn over the Iran deal. He wanted to protect his legacy and cover up his administration’s misdeeds. To do that, he needed to buy time.

 

Going after Flynn and eventually piggy-backing off the newly founded Russia hysteria afforded him exactly that.

 

In the end, Obama was such a narcissist, so wanting o protect his “greatest” achievement, that he was willing to do just about anything. If that meant reviving a previously deemed non-viable case against Flynn to stop him from uncovering what had happened, then so be it. Pretty soon, Flynn had been fired and H.R. McMaster, who largely supported the Iran deal, was put in place at the urging of the established order.

 

And he’d have probably gotten away with it too if not for Sidney Powell, who came onto the scene and decided she wasn’t going to let what happened stand.

 

++++++++++++++++++++++++++++++

 

That's right...  Obama has been caught.

 

 

 

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I'm confused. Flynn went to court. Was found guilty. Had his day in court. Done, over. From that day  he was and has been a "convicted" felon.

 

So if anyone wants to appose his conviction don't they have to do that in an "appeals" court?

 

Also, in Flynn's plea deal he agreed to plead guilty to the least of all of his crimes in exchange for cooperating.  If his conviction is dropped, does he get tried on his other crimes?

Trusted Social Butterfly

I asked two questions earlier that no one answered. So I'll ask one of them again.

 

Flynn was indicted on a number of crimes. The least of those was "he lied to the FBI". In his plea deal he agreed to plead guilty to that lying charge in exchange for cooperating with the prosecutors.

 

He went to court. Per his plea deal he plead guilty to that one crime, was not prosecuted for his other crimes, and as a convicted "criminal" was given his sentencing date..

 

 At the sentencing phase of his trial "new" DOJ prosecutors petitioned the judge to set asside his conviction.

 

Say the judge does that.

 

So now my question (again): Will Flynn be charged for his other crimes? All of them? The next least of them?

 

How does that work?

Honored Social Butterfly

 

 

The federal judge who refused a Justice Department request to immediately drop the prosecution of former Trump adviser Michael Flynn has hired a high-profile trial lawyer to argue his reasons for investigating whether dismissing the case is legally or ethically appropriate.

 

In a rare step that adds to this criminal case’s already unusual path, U.S. District Judge Emmet G. Sullivan has retained Beth Wilkinson to represent him in defending his decision to a federal appeals court in Washington, according to a person familiar with the hire who spoke on the condition of anonymity because of the sensitivity of the matter. The U.S. District Court of Appeals for the District of Columbia Circuit is now examining the judge’s actions and the larger case against Flynn after lawyers for President Trump’s former national security adviser asked the court to force Sullivan to toss Flynn’s guilty plea.

 

Wilkinson, known for her top-notch legal skills and get-results style, is expected to file a notice with the court in the coming week about representing the judge. She declined to comment when reached Friday evening. Sullivan also declined to comment through his office.

 

A federal judge doesn’t typically hire private counsel to respond to an appeals court, and yet so much about Flynn’s case has been a departure from the norm.

 

A defendant doesn’t normally plead guilty under oath and then try to withdraw that admission, as Flynn did. The Justice Department almost never drops a case once it has essentially won a conviction, a signed guilty plea, as Attorney General William P. Barr ordered earlier this month.

 

 

 

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@jimc91 wrote:

 

 

The federal judge who refused a Justice Department request to immediately drop the prosecution of former Trump adviser Michael Flynn has hired a high-profile trial lawyer to argue his reasons for investigating whether dismissing the case is legally or ethically appropriate.

 

In a rare step that adds to this criminal case’s already unusual path, U.S. District Judge Emmet G. Sullivan has retained Beth Wilkinson to represent him in defending his decision to a federal appeals court in Washington, according to a person familiar with the hire who spoke on the condition of anonymity because of the sensitivity of the matter. The U.S. District Court of Appeals for the District of Columbia Circuit is now examining the judge’s actions and the larger case against Flynn after lawyers for President Trump’s former national security adviser asked the court to force Sullivan to toss Flynn’s guilty plea.

 

Wilkinson, known for her top-notch legal skills and get-results style, is expected to file a notice with the court in the coming week about representing the judge. She declined to comment when reached Friday evening. Sullivan also declined to comment through his office.

 

A federal judge doesn’t typically hire private counsel to respond to an appeals court, and yet so much about Flynn’s case has been a departure from the norm.

 

A defendant doesn’t normally plead guilty under oath and then try to withdraw that admission, as Flynn did. The Justice Department almost never drops a case once it has essentially won a conviction, a signed guilty plea, as Attorney General William P. Barr ordered earlier this month.

 

 

 


He did that weeks ago. Did you miss that. It looks like we are moving on toward 200 posts on the exact same subject trying to make it look new. Flynn is a convicted felon now awaiting to be sentenced.

Honored Social Butterfly

@alotofgrey 

Actually, I don’t think that you are confused at all. The questions you raised made perfect sense. 
trump supporters are trying to find some way to rationalize the actions of trump, and barr’s interference in our judicial system. 

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jmc91

 

Are you saying Flynn is not a "convicted" felon?

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@alotofgrey Can you provide a court document of Flynn's conviction?

 

 

 

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@jimc91 wrote:

@alotofgrey Can you provide a court document of Flynn's conviction?

Sure and btw, what does plea agreement mean to you?

https://www.justice.gov/sco

 

U.S. v. Michael T. Flynn (1:17-cr-232, District of Columbia)

Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., pleaded guilty on Dec. 1, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.

 

Criminal Information

Plea Agreement

Statement of the Offense

 

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jmc91

 

Flynn is in the "sentencing" phase of his criminal trial. Sentencing is done after conviction.

Honored Social Butterfly

@alotofgrey Wrote:

 

Flynn is in the "sentencing" phase of his criminal trial. Sentencing is done after conviction.

 

++++++++++++++++++++++++++++++++++++++

 

There is not a court document filed anywhere that says Flynn has been  "Convicted of any crime."  In fact there are documents showing the DOJ has filed a petition with the court to drop all charges filed.  Both parties are agreeing Flynn has been wrongly charged. it's a fact look it up.  I will happily cede the point if you can provide a court document that has been filed confirming his conviction.  To my knowledge it does not exist.

 

 

 

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Flynn pleaded guilty 2  times in open court, and was and is up for sentencing now.  That means by pleading guilty he is cnxovicted period.

Honored Social Butterfly

From the Washington Post:

 

Justice Dept. moves to drop case against Michael Flynn

 

The Justice Department moved Thursday to drop charges against President Trump’s former national security adviser Michael Flynn, a stunning reversal that prompted fresh accusations from law enforcement officials and Democrats that the criminal justice system was caving to political pressure from the administration.

 

The unraveling of Flynn’s guilty plea for lying to the FBI came after senior political appointees in the Justice Department determined lower-level prosecutors and agents erred egregiously in the course of special counsel Robert S. Mueller III’s investigation of Russian interference in the 2016 election.

 

 

https://www.washingtonpost.com/local/legal-issues/justice-dept-moves-to-void-michael-flynns-convicti... 

 

+++++++++++++++++++++++++++++++++=

 

Michael Flynn has NOT been convicted of any crime.

 

 

 

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He convicted himself in open court and is awaiting sentencing by the Judge.

Honored Social Butterfly

This is nothing more than a legal maneuver by the Flynn defense team. By the way, that is the same high priced legal defense team which advised Flynn to PLEAD GUILTY on 2 different occasions in Federal Court.

Honored Social Butterfly

@CriticalThinking Wrote:

 

This is nothing more than a legal maneuver by the Flynn defense team. By the way, that is the same high priced legal defense team which advised Flynn to PLEAD GUILTY on 2 different occasions in Federal Court.

 

 

++++++++++++++++++++++++++++++++

 

LOL!!

 

Did I read that right?  You are under the impression that Sydney Powell (current attorney for Flynn) advised him to plead guilty?

 

I would suggest you do some more research to get yourself up to speed...

 

This is so rich.

 

 

 

 

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Sounds like more barr interference in the flynn case.

Speaking of panic, anybody else watching what’s going on in the Senate with mitch...nothing!...other than getting wacko judicial nominees appointed. Where is the legislation for the people of America? At this point, trump senate repubs are no more than slaves following their dictator. 
On a special note, can’t wait to see the

new Lincoln Project ad directed at mitch. 
Should be special!

Oh, and wouldn’t be walking flynn out of the courtroom just yet!

Honored Social Butterfly

Trump did not like the spotlight on covid 19.   The captain did everything properly but the brass leaked the memo. Then the Trump team went into action and, as usual, it was a total circus.  Trump must have been VERY pale when he saw all those sailors applauding the captain as he left the ship. That kind of thing tends to get discussed at VFW and American Legion halls across the nation. 

Honored Social Butterfly

Trump must have been VERY pale when he saw all those sailors applauding the captain as he left the ship. That kind of thing tends to get discussed at VFW and American Legion halls across the nation.

 

Cozier's now extended review has 30 days, so the end of June should see the Navy decision for his career.  If this man is not reinstated, dt can argue why not with nasty reporters, make a tweet or two, go visit a veteran's home. Hahaha

 

5 weeks from now the virus's decisions will still be ignored by rumped.  He'll suffer the pain of people just not believing him anymore.  Obamagate is a big, dumb dud.  Joe Biden, et al are working hard to secure future survival.

 

I just want to say, as much as I want to (shamefully so) see donald suffer the meager existence he is entitled to, his supports can rest assured a way will be found to pamper him into oblivion.  Alls good.

Honored Social Butterfly

Again...  By Sara Carter:

 

The United States Court of Appeals for District of Columbia Circuit has ordered Judge Emmet Sullivan, who’s overseeing Lt. Gen. Michael Flynn’s case, to respond to his appeal to have him replaced and to dismiss the trial no later than June 1, according to a court document reviewed by SaraACarter.com.

 
Flynn filed a writ of mandamus to the court on Tuesday after Sullivan failed to comply with the Justice Department’s recommendation to dismiss the case in what Flynn’s defense attorney Sidney Powell described as politically motivated.

 

The D.C. Appeals Court has ‘ordered Judge Sullivan to respond to #Flynn Petition for Wirt of Mandamus by June 1,” tweeted Powell Thursday.

 

 

 

 

 

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I think it is pretty telling that Flynn's attorney filed this motion.  Scared much?  It would be ironic if Flynn spends more time in jail on the perjury change than he would have for lying to the FBI. 

Honored Social Butterfly

Separately, Powell also cited the 1996 Supreme Court case United States v. Armstrong for the proposition that the district court must be mindful that "the presumption of regularity" applies to "prosecutorial decisions and, in the absence of clear evidence to the contrary, courts presume that [prosecutors] have properly discharged their official duties.’"

 

The DOJ, Powell said, had ample reason to seek the dismissal of Flynn's case, in the light of newly released exculpatory information. "Now additional facts have established he was not interviewed for a legitimate purpose, and therefore any statements he made were not 'material' under 18 U.S.C. §1001, the Government justly believes that he is not guilty of any crime," Powell wrote.

 

 

 

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Honored Social Butterfly

This is a last ditch attempt by Flynn hired attorney to try and get this over with before the judge starts his hearings. Keep in mind Flynn real attorney now if the JD and Barr. The ones that filed this motion are doing what they are told to do  by the JD. (Barr). As the spotlight is kept on this case all can see how Dictator Trump has taken over the JD. Shortly we will see how far Dictator  Trump has gone in taking over the courts. One thing for sure Dictator Trump is on the same path as Dictator Hitler was.

That is the only good thing about this so far and the enablers do not understand that. Lets hope it leads to Dictator Trump getting fewer votes in Nov.

Honored Social Butterfly

When he pleaded guilty, Powell wrote, "General Flynn could swear truthfully that he committed the acts constituting the crime with which he was charged—after all he had no duty to tell FBI line agents about missions he undertook in his capacity as Security Advisor to the President Elect—but he had to accept on faith that the questions were 'material' to a legitimate criminal investigation, even though that was not made clear to him at the time. In truth, they were not. Because the Government failed to disclose this information to the defense, General Flynn had no way of knowing that it was false."

 

Finally, Powell sought Sullivan's immediate removal, citing his incendiary comments from the bench in December 2018, a year after Flynn's guilty plea.

 

"If the Court grants the principal relief Petitioner seeks, there may not be much by way of further proceedings in the case, but there could be. Petitioner, the Government, and the appearance of justice will best be served by having another judge—one who has not implied that [Flynn] is a traitor—conduct any further proceedings in the case," the writ says.

 

Sullivan suggested Flynn may have committed treason, in the bizarre December 2018 courtroom outburst, and seemingly confused key details about Flynn's overseas lobbying work. More recently, Sullivan has suggested he isn't bothered by the FBI's missing FD-302 witness report of agents' January 24, 2017 White House interview with Flynn that Comey has previously said was prepared within days of the interview, as required by policy.

 

"[T]hings happen and documents are lost," Sullivan stated. "I mean, it just happens.”

 

Former FBI SWAT agent James Gagliano called that a "shockingly cavalier" reaction by Sullivan. Gagliano, who initially defended the FBI's Flynn probe, has more recently said Flynn was "railroaded," after this month's bombshell revelations.

 

"The district judge’s manifest confusion about the facts of this case, accusing General Flynn of treason and having 'sold out his country,' and his punitive intentions are well documented," Powell wrote. Sullivan also said he had "disdain" and "disgust" for Flynn's actions.

 

Specifically, also during his December 2018 outburst, Sullivan incorrectly accused Flynn of working as an agent of a foreign government "while serving as national security adviser." The only accusations against Flynn pertaining to possible Foreign Agents Registration Act (FARA) violations related to his consulting work in Turkey, well before his appointment as national security adviser. Flynn was never charged with FARA violations.

 

Powell continued: "The district judge’s latest actions— failing to grant the Government’s Motion to Dismiss, appointing a biased and highly-political amicus who has expressed hostility and disdain towards the Justice Department’s decision to dismiss the prosecution, and the promise to set a briefing schedule for widespread amicus participation in further proceedings—bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny.

 

This is an umpire who has decided to steal public attention from the players and focus it on himself. He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field."

 

During the White House interview, Flynn told the agents "not really" when asked if he had sought to convince Kislyak not to escalate a brewing fight with the U.S. over sanctions imposed by the Obama administration, according to a later, contested FD-302 witness report prepared by the FBI weeks after the interview. Flynn also reportedly demurred when asked if he had asked Russia to veto a U.N. Security Council resolution that condemned Israel’s settlements in the West Bank.

 

 

 

VIMTSTL
Honored Social Butterfly

What number are we up to now. Getting close to 30. FOX News is really in panic as all you hear on its nonsense shows is this. Tonight every time I channel flipped on the FOX stations this was the subject. Looks like the Obama nonsense is in free fall to the trash can and they need this again.

 

There is one other thing that might have them scared. This judge appointed  a retired judge to present the case for sending Flynn to jail. That retired judge just happened to be the US Attorney when the NY York Crime Boss Gotti was tried convicted and sent to jail. He died in jail. Looks like FOX thinks the retired Judge could do the same thing to Flynn.

 

Well lets have the next one.

Honored Social Butterfly

This from the Original Post:

 

And, then-FBI Deputy Director Andrew McCabe later said the interview was "very odd" because "it seemed like [Flynn] was telling the truth" to the two agents who interviewed him. Flynn, the interviewing agents told McCabe, "had a very good recollection of events, which he related chronologically and lucidly," did not appear to be "nervous or sweating," and did not look "side to side" -- all of which would have been "behavioral signs of deception."

 

Further, the FBI 302 indicated that Flynn apparently was aware his communications had been monitored, and at several points he thanks the FBI agents for reminding him of some of his conversations with Russian officials. A Washington Post article published one day before Flynn's White House interview with the agents, citing FBI sources, publicly revealed that the FBI had wiretapped Flynn's calls with Kislyak and cleared him of any criminal conduct. It was unclear who leaked that information to the Post -- or why the FBI would need to question Flynn about his contacts given that the bureau had already recorded them.

 

 

 

VIMTSTL
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