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Westlake Legal Group > Posts tagged "sidney powell"

Balls to the Wall! Has the Intrepid Sidney Powell Tapped into a Deep State Source?

Westlake Legal Group Screen-Shot-2019-10-26-at-7.18.23-AM-620x359 Balls to the Wall! Has the Intrepid Sidney Powell Tapped into a Deep State Source? sidney powell Russia Peter Strzok Mueller Investigation Michael Flynn Lisa Page james comey Front Page Stories Featured Story FBI and DOJ Corruption donald trump doj democrats Campaigns Andrew McCabe Allow Media Exception Abuse of Power

Photo Credit: Screenshot from video: https://www.youtube.com/watch?time_continue=2&v=lXseNmo94BY

 

The extraordinarily impressive Sidney Powell represents the long suffering General Michael Flynn in a case that is looking more and more like a setup coordinated by officials at the highest level of the Obama FBI.

On Thursday, Powell submitted a new court filing in which she accuses high ranking FBI officials of orchestrating an ambush-interview on Michael Flynn, “not for the purpose of discovering any evidence of criminal activity – they already had tapes of all the relevant conversations about which they questioned Mr. Flynn – but for the purposes of trapping him into making statement they could allege as false.”

The document alleges that then-FBI lawyer Lisa Page manipulated the original 302 report (FBI agent summary of interview with a subject), with the help of her paramour, then-FBI agent Peter Strzok. It claims that Peter Strzok, the lead agent on the case, suggested using news of the Steele Dossier as a “pretext to go interview people.” It shows that the FBI tried not to give General Flynn the impression they were interviewing him for a criminal matter. The filing also alleges that former DNI James Clapper, who will be interviewed by John Durham, alerted Washington Post writer David Ignatius to publish an article about Flynn’s conversation with then-Russian ambassador Sergey Kislyak.

The filing  starts with the following:

For eighty seven years, the Supreme Court has held that “[t]he first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to or to create crime for the sole purpose of prosecuting and punishing it…

It appears as if the FBI were attempting to accomplish just that. Create a crime for the sole purpose of prosecuting and punishing it. A look into the actions of top Obama administration law enforcement officials sadly supports such a conclusion. For this reason, Powell and her legal team are requesting that the case be thrown out. Although I am not a lawyer, the evidence presented in this filing looks very compelling to me.

Blogger Techno Fog, an anonymous lawyer, dug into the lengthy document and highlighted several passages which illustrate what sure look to be unethical, if not illegal, behavior on the part of federal officials.

Here are a few of them. Flynn’s lawyers claim that the FBI added “or if Kislyak described any Russian response to a request from Flynn” and  state “that question and answer do not appear in the [agent] notes, yet it was made into a criminal offense.”

Westlake Legal Group Screen-Shot-2019-10-26-at-8.06.56-AM-620x263 Balls to the Wall! Has the Intrepid Sidney Powell Tapped into a Deep State Source? sidney powell Russia Peter Strzok Mueller Investigation Michael Flynn Lisa Page james comey Front Page Stories Featured Story FBI and DOJ Corruption donald trump doj democrats Campaigns Andrew McCabe Allow Media Exception Abuse of Power

 

The filing alleges that ONA (Office of Net Assessment in the Pentagon) Director Col. James Baker, “who regularly lunched with Washington Post reporter David Ignatius,” illegally leaked the transcript of Flynn’s calls to Ignatius. It also claims that Clapper called Ignatius on or before January 10, 2017 and said “words to the effect of ‘Take the kill shot on Flynn.’”

Leaking of this material is a felony, by the way.

The reference to “Halper” in the excerpt below is none other than Professor Stefan Halper, the longtime FBI informant who was enlisted to spy on the Trump campaign.

Flynn has requested records of Col. James Baker because he was Halper’s handler in the Office of Net Assessment in the Pentagon, and ONA Director Baker regularly lunched with Washington Post reporter David Ignatius. The defense has requested phone records of James Clapper to confirm his contacts with Washington Post reporter Ignatius – especially on January 10, 2017, when Clapper told Ignatius in words to the effect of “Take the kill shot on Flynn.” It cannot escape mention that the press has long had transcripts of the Kislyak calls the government has denied to the defense.

Next, the filing notes another instance where the FBI’s 302 on Flynn doesn’t match the FBI agents’ notes.

In the agent notes, Flynn says, “I don’t remember making 4-5 calls.”

The 302 says, “Flynn remembered making four to five calls that day about this issue.”

The filing states:

Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she edited Mr. Flynn’s 302 and was part of a small, high-level group that strategically planned his ambush.

Page didn’t recall whether she took part in editing the FD-302.

Upon seeing her texts, she “believes she must have seen it at some point…”

Techno Fog provides a text message exchange between Strzok and Page in which they discuss the edits that were made to the Flynn 302.

The audacious attorney appeared on “Hannity” last night and spoke to former Congressman and current Fox News contributor Jason Chaffetz (R-UT).

Powell was a federal prosecutor for ten years and she is bound to have connections inside of the Department of Justice. She has uncovered some pretty damning information to make the case that Flynn was ambushed by then FBI Deputy Director Andrew McCabe at the request of then FBI Director James Comey. She must have a high level source either inside the DOJ if she’s been able to obtain this kind of information. Questioned about this by Chaffetz, she of course, would not reveal her source.

Sidney Powell: We have requested his (James Clapper’s) phone records to corroborate the timing and everything about that call that we can possibly corroborate. And it is very concerning, of course it was the leak of the transcript of the call with Kislyak at the same time. And then two days after that the Ignatius story breaks, less than two days actually.

Jason Chaffetz: Sidney, so where is the evidence that that conversation and those words or the effect of those words took place?

Sidney Powell: I cannot reveal the source right now. But I do have a very good source for that information.

Jason Chaffetz: And you believe the Department of Justice is withholding that information from you?

Sidney Powell: I believe the Department of Justice is withholding a lot of information as is Mr. Clapper, Mr. Brennan and all the people who participated in the complete set up of General Michael Flynn.

Powell then describes some of the details of the case.

We have found additional text messages that the government suppressed, including one where agent Peter Strzok indicates he knows it’s a pretext to go interview General Flynn. They knew there was no Logan Act violation. They exonerated him completely of being an agent of Russia by the end of January and yet Mr. Comey still runs to the White House on February 14th and conjures up the entire obstruction of justice narrative against the President when Flynn had been cleared of everything long before that.

We also have information that the agents did manipulate the 302, you know it was long in a deliberative state which was highly unusual in and of itself, We attached as Exhibit 11 to our document a comparison of the February 10th and February 11th 302s that show the addition of substantial additional claims that were not in there before and are not supported by the notes which we also attach as exhibits to the document. So people can go to the actual document and read it and see a lot for themselves. It’s extremely concerning. It’s outrageous government misconduct. The agents deliberately calculated and met to plan and to strategize how to ambush General Flynn without letting him know he was officially under any kind of criminal investigation to keep him relaxed. And they wanted to be seen as allies when in fact they knew exactly what he had said in his conversations and they intended to create a situation in which anything he said could be used against him later as a false statement without any warnings to that effect whatsoever.

Finally, I want to mention that, following a Flynn hearing in September, it was said that Powell and Judge Emmet Sullivan, who is presiding over the case, seemed to have had a strong rapport, that the judge treated her with a great deal of respect. I believe the statement was made by Techno Fog who attended the hearing although I’m unable to locate a direct quote. For whatever it’s worth, I thought I’d pass that along.

Powell’s legal team took over Flynn’s defense in late 2018. It’s unfortunate he didn’t work with her from the start. Anyway, he’s got her now and she’s a smart lady. If anyone can get this sham of a case dismissed, it’s Powell.

The post Balls to the Wall! Has the Intrepid Sidney Powell Tapped into a Deep State Source? appeared first on RedState.

Westlake Legal Group Screen-Shot-2019-10-26-at-7.18.23-AM-300x174 Balls to the Wall! Has the Intrepid Sidney Powell Tapped into a Deep State Source? sidney powell Russia Peter Strzok Mueller Investigation Michael Flynn Lisa Page james comey Front Page Stories Featured Story FBI and DOJ Corruption donald trump doj democrats Campaigns Andrew McCabe Allow Media Exception Abuse of Power  Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

The Questions Asked by Mike Flynn’s Lawyer Shows She Has Been Getting a Lot of Help From Within the FBI

Westlake Legal Group mike-flynn-court-620x317 The Questions Asked by Mike Flynn’s Lawyer Shows She Has Been Getting a Lot of Help From Within the FBI Special Counsel sidney powell Russia Politics Mike Flynn Front Page Stories Featured Story emmett sullivan Courts Allow Media Exception

FILE – In this July 10, 2018, file photo, former President Donald Trump national security adviser Michael Flynn, right, arrives at federal courthouse in Washington, for status hearing. Prosecutors with the special counsel’s office say Flynn is not yet ready to be sentenced. The joint filing with defense lawyers Tuesday, Aug. 21, is a sign that Flynn’s cooperation with investigators is continuing.(AP Photo/Manuel Balce Ceneta, File)

On Thursday, Mike Flynn’s legal team was back in court. What the team, led by the awesome Sidney Powell, is trying to do is to convince a federal judge that the government’s treatment of Flynn has been so egregious and so in defiance of court orders that the only remedy is to throw out the case. My colleague, Bonchie, covered it in Michael Flynn’s Legal Team Throws Down The Gauntlet. Essentially, Powell asked Judge Emmett Sullivan to make the government show cause as to why it should not be held in contempt.

Now that Powell’s full motion to compel has been unsealed, we can see that she knows a helluva lot about what went on within the upper ranks of the FBI and that can only be because someone who was in the room at critical times is feeding her information.

In her Motion to Compel, Powell catalogued 40 categories of evidence the government has refused to turn over. She seeks a court order requiring federal prosecutors to provide the withheld evidence under Brady and its progeny. Brady and its offshoots require prosecutors to disclose material exculpatory and impeachment evidence to the defense team. And, as Judge Sullivan made clear during Tuesday’s hearing, that duty exists even though Flynn had already pleaded guilty and even though he had agreed that the government would not be required to provide him with further evidence.

Some of the evidence Powell seeks is already presumed by many to exist, such as FISA applications pertaining to Flynn and the original 302 written shortly after FBI agents interviewed Flynn about his conversations with the Russian ambassador. But other evidence Powell identifies reveals that she has skinned all the snakes involved in SpyGate and knows exactly what went down. For instance, Powell requested “any information, including recordings or 302s, about Joseph Mifsud’s presence and involvement in engaging or reporting on Mr. Flynn and Mifsud’s presence at the Russia Today dinner in Moscow on December 17, 2015.”

It was at that dinner gathering that Flynn met Vladimir Putin. (A photograph capturing the two at that event has been used to further the Flynn-is-a-Russian-agent narrative.) Powell’s court filing is the first we are learning that Mifsud also attended that gathering—a strange coincidence given the FBI’s claim that it launched its investigation into the Trump campaign upon learning that Mifsud had informed the young Trump advisor George Papadopoulos that the Russians had dirt on Hillary.

Indeed, everything we’ve seen and heard to date indicates that far from being a Russian agent of some sort, Joseph Mifsud was a wholly owned property of one or more Western intelligence services. The fact that Mueller did NOT interview him despite him being available and his links to Western intelligence services calls into question the value of the information that he allegedly passed onto George Papadopoulos about the Russians “having dirt” on Hillary.

But then it gets really funny. This is via Legal Insurrection:

* Any and all evidence that during a senior-attended FBI meeting or video conference, Andrew McCabe said, “First we fuck Flynn, then we fuck Trump,” or words to that effect.

* A letter delivered by the British Embassy to the incoming National Security team after Donald Trump’s election, and to outgoing National Security Advisor Susan Rice (the letter apparently disavows former British Secret Service Agent Christopher Steele, calls his credibility into question, and declares him untrustworthy).

* All payments, notes, memos, correspondence, and instructions, by and between the FBI, CIA or DOD with Stefan Halper–going back as far as 2014–regarding Michael Flynn, Svetlana Lokhova, Mr. Richard Dearlove (of MI6), and professor Christopher Andrew (connected with MI5) and Halper’s compensation through the DOD Office of Net Assessment as evidenced by the whistleblower complaint of Adam Lovinger….

* Unredacted copies of all memos created by or other communications from James Comey that mention or deal with any any investigation, surveillance, FISA applications, interviews, or use of a confidential human source or “OCONUS lures” against Mr. Flynn.

* An internal DOJ document dated January 30, 2017, in which the FBI exonerated Mr. Flynn of being “an agent of Russia.”

The top two are total game changers. Together they show that the FBI knew that Steele’s dossier was largely a fraud and it also shows that McCabe had targeted both Flynn and Trump. This specific items shows that there are people in the FBI telling Powell what went on and where to look and this, in turn, puts the FBI on notice that lying about their existence is simply begging for someone to leak a copy of the documents to her…assuming that hasn’t already been done.

No matter what you think about Trump or Flynn, you should be able to see that Flynn was targeted for a malicious prosecution by an outgoing administration and its loyalists. That is wrong. That is why we are not Brazil or Argentina. The takeaway should not be “har, har, har, that’s funny” it should be “if they will do it to the President of the United States and his top staff, then you, my friend, are so very f***ed.”

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The post The Questions Asked by Mike Flynn’s Lawyer Shows She Has Been Getting a Lot of Help From Within the FBI appeared first on RedState.

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General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence

Westlake Legal Group ap-mike-flynn2-620x545 General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence Zainab Ahmad Special Counsel sidney powell Politics Mike Flynn Front Page Stories Featured Story emmett sullivan democrats Brandon Van Grack andrew weissmann Allow Media Exception

National Security Adviser Michael Flynn arrives in the east Room of the White House in Washington, Monday, Feb. 13, 2017, for a news conference with President Donald Trump and Canadian Prime Minister Justin Trudeau. . (AP Photo/Evan Vucci)

General Mike Flynn’s legal team was back in US District Court on Friday and his new attorney, Sidney Powell, came loaded for bear. Rather than walk away from the plea deal, Powell wants additional discovery with the stated intention of a) obtaining sanctions against the Mueller team prosecutors who were operating under the direction of the lawless Andrew Weissmann.

Westlake Legal Group flynn1-620x808 General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence Zainab Ahmad Special Counsel sidney powell Politics Mike Flynn Front Page Stories Featured Story emmett sullivan democrats Brandon Van Grack andrew weissmann Allow Media Exception

The issue is Weissmann’s goons concealing Brady material (see the explainer). This is a hot button issue with the judge in this case, Emmett Sullivan. Sullivan, by standing order, instructs prosecutors of their duty divulge exculpatory material to the defense and he his the guy who tossed Ted Stevens’s conviction because of the grotesque misconduct by the Department of Justice.

Here is sort of seems like that when the prosecutors were forced to cough up more material, there was exculpatory material included but they tried to paper over the concealment by stating the material was not covered.

Westlake Legal Group flynn2-620x787 General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence Zainab Ahmad Special Counsel sidney powell Politics Mike Flynn Front Page Stories Featured Story emmett sullivan democrats Brandon Van Grack andrew weissmann Allow Media Exception

The reaction was not long in coming. The New York Times’s Adam Goldman, who has been the beneficiary of a lot of FBI and Mueller related leaks and who claimed that terrorist rejoice when the FBI shuts down a leak

was on the job. Check out the lede:

Lawyers for Michael T. Flynn, the president’s first national security adviser, escalated their attacks on prosecutors on Friday, recycling unfounded conspiratorial accusations in a last-ditch bid to delay his sentencing in a case in which he has twice admitted guilt.

The move could anger Emmet G. Sullivan, the federal judge who will sentence Mr. Flynn. The filings could magnify any doubts by Judge Sullivan about whether Mr. Flynn truly accepts responsibility for his crime of lying to the F.B.I. and whether he fulfilled his cooperation agreement with the government in one of the lingering cases brought by the special counsel, Robert S. Mueller III.

Actually this is entirely bullsh**. Powell is not recycling conspiracy theories. Apparently, what Goldman considers to be a conspiracy theory is this:

In a pair of filings, Mr. Flynn’s lawyers made clear that they view him as a victim of prosecutorial misconduct, amplifying right-wing theories about a so-called deep state of government bureaucrats working to undermine President Trump. The defense lawyers accused prosecutors of engaging in “pernicious” conduct in Mr. Flynn’s case, saying they had been “manipulating or controlling the press to their advantage to extort that plea.”

If we hadn’t just gone through over two years of rogue Clinton loyalists in the federal bureaucracy using the power of the state to spy on the presidential campaign of President Trump, to spy on his transition team, and to connive to have a special prosecutor appointed on the basis of a document they either knew or should have known was bogus this might be humorous. But we did and Goldman is delusional if he still holds that these were just devoted public servants trying to innocently oust a president.

The government has stated that Flynn has fulfilled in agreement. And if Sullivan has any doubts it will be about the prosecutors. I’m 99% convinced that the lambasting that Flynn got from Sullivan, where he was accused of treason, was an effort by Sullivan to get Flynn to not lay down and roll over for what is looking more and more like a dishonest prosecution.

Here’s Rowan Scarborough to remind us of some of the details.

One of the FBI agents who interviewed Flynn at the White House is fired agent Peter Strzok. He headed the Trump-Russia probe, used the dossier and vowed in a text message to “stop” Mr. Trump.

The other agent who interviewed Flynn was the link between the bureau and former Associate Deputy Attorney General Bruce Ohr. Mr. Ohr became the main messenger for Fusion GPS, the Clinton opposition research firm that hired former British spy Christopher Steele. He wrote the now-discredited dossier that alleged a wide Trump-Russia election conspiracy.

The conduct and motives of Strzok and his partner are very much at issue.

Here you have an example of officials, I suspect one of them is named Andrew Weissmann, leaking classified information to Goldman that the government refuses to share with Flynn’s attorney:

“We must have access to that information to represent our client consistently with his constitutional rights and our ethical obligations,” Mr. Flynn’s lawyers wrote.

The classified transcripts of the calls make clear that the two men discussed sanctions at length and that Mr. Flynn was highly unlikely to have forgotten those details when questioned by the F.B.I., several former United States officials familiar with the documents have said. It was clear, the officials said, that sanctions were the only thing Mr. Flynn wanted to talk about with Mr. Kislyak.

All in all, Goldman’s story is a one-sided apologia for the conduct of a team of lawless cretins hellbent on punishing political opponents for fun and profit. It is the prosecutors response to Powell’s brief, not a news story. The are more focused on telling Judge Sullivan and people who might influence him what right thinking people at the New York Times demand that he do rather than covering the story. And the fact that Weissmann and his cronies would come out of the woodwork to slam Powell’s filing shows she is onto something that they don’t want brought to light.

Flynn is certainly playing a high stakes game. And we owe him a debt of gratitude for that. The quickness of the response from Mueller’s goons as relayed through the New York Times shows that they are afraid of what is coming next. Even if Flynn doesn’t walk, more and more of the abuse of power and deliberate misconduct that were Andrew Weissmann’s stock in trade are going to become apparent and eventually someone is going to be called to account.

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The post General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence appeared first on RedState.

Westlake Legal Group ap-mike-flynn2-300x264 General Flynn’s New Attorney Accuses Mueller’s Team Of Misconduct and the New York Times Suffers Fecal Incontinence Zainab Ahmad Special Counsel sidney powell Politics Mike Flynn Front Page Stories Featured Story emmett sullivan democrats Brandon Van Grack andrew weissmann Allow Media Exception  Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors

Westlake Legal Group ap-mike-flynn-620x412 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

National Security Adviser-designate Michael Flynn arrives on Capitol Hill in Washington, Friday, Jan. 20, 2017, for the presidential inauguration of Donald Trump. (Saul Loeb/Pool Photo via AP)

Yesterday was a day of drama in the prosecution of former Mike Flynn business partner, Bijan Rafiekian, for a chickensh** violation of the Foreign Agents Registration Act. I posted on the decision by Flynn’s counsel, Sidney Powell, to tell the court that Flynn could not truthfully testify the way Justice wanted because Justice wanted him to lie. Justice, for its part, attempted to, without evidence, change Flynn’s status from cooperating witness to unindicted co-conspirator so they could still use the testimony he’s  now saying is untrue without having to call Flynn as a witness.

What followed was a series of decisions by the trial judge that calls into question the ability of the federal government to pursue its case and left a great deal of questions about whether Flynn had breached his plea agreement and even the value of the agreement itself.

Phase One. The Feds get their ass handed to them.

The court ruled that Flynn could not be a co-conspirator because there was no claim that a conspiracy exists:

Westlake Legal Group flynn-EDVA1-620x279 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

Part of that may be because when federal prosecutors said they were using Flynn, they also told the court that there was no conspiracy:

Westlake Legal Group flynn-EDVA2-620x452 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

There will also be no conspiracy charges made against Rafiekian:

Westlake Legal Group flynn-EDVA4-620x279 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

The court also said the government can’t argue that the contract at the center of the case was paid for by the Turkish government because there is no evidence that is the case.

Westlake Legal Group flynn-EDVA3-620x216 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

There is a decision outstanding on whether the government can even use  some of the information from partnership attorneys that Flynn provided to the government because Rafiekian shared the costs of the attorneys and it may violate his attorney-client privilege.

On the whole, this was ugly. Flynn will not be called by the government. There will be no conspiracy allegations. The government can’t argue as a fact that the contract was on behalf of the Turkish government, only that someone told Rafiekian that it was. That, alone, seems to torpedo the FARA charge. Some of the evidence the government is planning on using may be illegal.It is hard to see how this is even prosecutable unless your objective is to make the expense of the trial punishment for a guy you know you can’t convict.

Phase Two. Is Mike Flynn in deep do-do?

It is hard to tell.

There is a hearing today on this subject before Judge Emmett Sullivan who famously accused Flynn of treason in  a previous hearing.

While he’s probably interested in Flynn’s more nuanced approach to the guilty plea that has evolved with change of counsel:

Westlake Legal Group flynn-EDVA5 Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors Special Counsel sidney powell Robert Mueller Politics Mike Flynn Front Page Stories Foreign Agent Registration Act (FARA) Featured Story fara emmett sullivan Courts Bijan Rafiekian Allow Media Exception

 

He is also going to be interested in how Mueller’s team protrayed Flynn’s involvment to the court and how the prosecutors in the Rafiekian case have described it.

Neither government nor Flynn is in for a pleasant day. Sullivan is not a government toady, like a lot of judges. He also doesn’t like to be f***ed with. Flynn, at least, can hide behind his counsel’s claim that previous counsel screwed the pooch in their plea negotiations. I’m not sure what the government plans on using as an excuse.

(h/t to the great work by TechnoFog and Margo Cleveland)
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The post Mike Flynn’s Plea Deal Is Up For Grabs After Major Case Goes Chernobyl On Federal Prosecutors appeared first on RedState.

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Department of Justice Decides Mike Flynn Is a Co-Conspirator When He Refuses to Lie

Westlake Legal Group ap-mike-flynn-indicted-620x415 Department of Justice Decides Mike Flynn Is a Co-Conspirator When He Refuses to Lie Special Counsel sidney powell Robert Mueller Politics Mike Flynn Government Front Page Stories Featured Story donald trump democrats david laufman bijan kian Allow Media Exception

Former Trump national security adviser Michael Flynn leaves federal court in Washington, Friday, Dec. 1, 2017. Flynn pleaded guilty Friday to making false statements to the FBI, the first Trump White House official to make a guilty plea so far in a wide-ranging investigation led by special counsel Robert Mueller. (AP Photo/Susan Walsh)

The saga of Mike Flynn took a very strange turn today when the Department of Justice abruptly dropped Flynn as a witness in the bullsh** FARA trial of his former business associate, Bijan Kian. Kian is accused of lobbying for Turkey without filing the proper forms. (Someone should point out to Justice that the Washington Post’s editorial page acted as a lobbyist for Qatar and for Turkey while it was pushing the Khashoggi story.) Flynn pleaded guilty to the same offense and was expected to be the government’s star witness.

Last month, however, Flynn and his longtime counsel parted ways in a rather cool manner and Flynn hired an attorney who has expressed public skepticism over the entire conduct of the Flynn case: Sidney Powell. So today was a different day:

Mr. Flynn pleaded guilty in December 2017 to lying to F.B.I. agents about conversations with the Russian ambassador at the time about sanctions. Mr. Flynn also admitted to prosecutors for the special counsel, Robert S. Mueller III, that he had repeatedly violated the Foreign Agents Registration Act, the law requiring firms to register their work on behalf of foreign clients. He acknowledged making “materially false statements and omissions” in those filings.

In the wake of Mr. Flynn’s reversal, federal prosecutors are now asserting that he is an unindicted co-conspirator rather than a cooperating witness and want to introduce his statements as evidence. Lawyers for Mr. Kian and Mr. Flynn both object vigorously to that move by prosecutors.

Lawyers for Mr. Flynn suggested that the government’s new position was possibly in “retaliation for Mr. Flynn’s truthful testimony the government does not like.” His lawyers also said that Mr. Flynn’s testimony would remain consistent with the facts of his plea deal and his statement of the offense. “When Mr. Flynn agreed in his ‘statement of offense’ in Judge Sullivan’s court that certain information in the FARA filing was false, he was doing so with some hindsight,” Mr. Flynn’s lawyers wrote.

The gambit, to paraphrase a Twitter thread by The Federalist’s Margot Cleveland runs like this. Nothing Flynn told prosecutors is very usable because Flynn will not be called to testify, he can’t be cross examined, and, therefore, it becomes hearsay. A statement by an unindicted co-conspirator is admissible. As Cleveland says, all of this begs the question of why the government just doesn’t call Flynn and have him testify? After all, Powell is not walking back from the guilty plea.

Part of that answer may be in Powell’s filing:

The evidence collected by Flynn’s current defense Attorney Sidney Powell, who recently replaced Flynn’s former defense attorney Robert Kelner, sheds new light on the extraordinary tactics used to target and retaliate against Flynn, according to the filing.

Further, Powell’s submission to the court also reveals that Flynn and his attorneys were under extreme pressure to file a Foreign Agents Registration Act in February, 2017 by David Laufman, the former head of the National Security Division.

Flynn was forced to file his FARA registration in February 2017, “under extreme and unprecedented pressure from extensive interactions with the National Security Division including then- NSD head David Laufman.” Laufman resigned shortly after on Feb. 8, 2017, during DOJ Inspector General Michael Horowitz’s investigation into the FBI’s probe of Hillary Clinton’s use of a private server to send classified emails.

Further, Flynn’s former counsel had advised prosecutors that “Mr. Flynn did not know and did not authorize signing the FARA form believing there is anything wrong in it. He honesty answered the questions his former counsel posed to him to the best of his recollection, and some with the benefit of hindsight.”

The government would probably rather this can of worms not be opened.

Needless to say, this development has led to an outbreak of explosive diarrhea on the left. Seth Abramson couldn’t quite make it to the little boy’s room on time and befouled himself:

and then he sat in it and rubbed it in his hair

This is a fairly high risk strategy for Powell and Flynn to pursue in the eleventh hour and before a judge who seems more that willing to send Flynn to jail. But the very fact that Flynn was willing to do this, to me, adds credence to the story that he was set up, railroaded, and convinced to lie in order to save his son from being indicted.

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Mike Flynn names Mueller critic Sidney Powell as new attorney. Will he withdraw his guilty plea?

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“He is going to continue to cooperate with the government, pursuant to his plea agreement,” said Powell today in an interview with The Hill about her new client after the news broke. But why would Flynn hire Sidney Powell if he intends to keep cooperating? She’s been harshly anti-Mueller for months and a critic of former Mueller deputy Andrew Weissmann for years, having written an entire book about her experience opposing him in the Enron case. (Powell herself describes Weissmann as the book’s “lead villain.”) She created a website awhile back about Team Mueller called “Creeps on a Mission” in which she accused them of angling “to destabilize and destroy this President” before Mueller ultimately declined to accuse Trump of either conspiracy or obstruction. Both her book and a t-shirt are available for sale at the site.

As for Flynn, for more than a year she’s been saying the same thing: He got railroaded and should withdraw his guilty plea. She wrote an op-ed about it for the Daily Caller in February 2018 and has reiterated her argument on Twitter sporadically since then. This is not someone whom you retain after firing your counsel from Covington & Burling if all you want to do is play out the string on cooperating with the special counsel, in other words. This is someone whom you hire if you want to fight with Mueller’s office, or what’s left of it.

Unless, I suppose, Flynn is now so broke from the legal expenses he’s incurred that he can’t afford C&B anymore and Powell was willing to work cheaply or even for free, possibly expecting that there are ways she’ll be able to monetize her representation of Flynn among righty populists after this is over. That’s pure speculation, but if you’re looking for an explanation here other than “he did this because he’s going to withdraw his plea,” that would be an obvious one.

She’s pushed a conspiracy theory that “Mueller may have been kept informed during the Clinton email investigation” and that the former special counsel “may be the ‘insurance policy’ [former FBI agents Peter Strzok and Lisa Page] refer to in the event Trump was elected.”

On her website, Powell also wrote that she expects former Associate Deputy Attorney General Bruce Ohr, who spoke with Trump dossier author Christopher Steele when the Russia investigation began in 2016, “to be in the cross-hairs of a criminal investigation”—but did not specify why.

Powell has spent much of her time on social media tweeting hashtag-filled links to her book at prominent conservative pundits and Russia investigation skeptics, as well as Flynn and his son Michael Flynn Jr.

It makes no sense to me that Flynn would want to tear up his guilty plea now, after he’s worked so hard to earn leniency by cooperating, and risk a much stiffer sentence unless he already knows that Trump intends to pardon him. Remember, Mueller’s office recommended a sentence of zero to six months initially for Flynn in recognition of how much he helped them. Judge Emmet Sullivan seemed to want to go harder on him last year, though, suggesting that he’d end up with jail time if the sentencing proceeded, so instead the sentencing was postponed and Flynn went right back to cooperating. He’s set to testify for the government at the trial of his former lobbyist partner this summer, something that should earn him further brownie points with the judge. That is to say, everything Flynn has done to this point has been aimed at avoiding any time in prison — and he just might achieve his goal. If his testimony helps put his former partner away, maybe Sullivan will cut him a break after all.

Except now, at the eleventh hour, with Powell as counsel, that strategy seems in doubt. If Flynn withdraws his plea, contests the charges against him, and loses, he’d be looking at years behind bars — unless he has reason to believe that Trump will pardon him. In that case, contesting the charges against him is a risk-free exercise for him. If he fights the DOJ and wins, he walks free and he’s a hero to righty populists who resented seeing him prosecuted in the first place. If he fights the charges and loses, hey, at least he fought, right? And he’ll walk free anyway thanks to his friend, the president. The wrinkle is that if the White House made some sort of private guarantee to Flynn that he’ll be pardoned if he ends his cooperation with the government, that might be the final straw for House Democrats on impeachment and obstruction.

Although, given the weird politics of impeachment, with Trump often seeming like he wants it to happen and Pelosi very much reluctant, maybe that’s extra incentive for POTUS to issue the pardon. So much so, perhaps, that Flynn doesn’t need a formal guarantee that a pardon is in the offing. Between hiring a figure like Powell and choosing to fight the DOJ, Flynn might be calculating that the pardon is coming no matter what. He’d be taking a biiiiiiig risk in counting on it, knowing that he might end up in prison if it doesn’t happen, but it’d be a calculated risk.

Here’s Powell being interviewed by Mark Levin about Weissmann and Mueller back in January.

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