Link to filings on his lawyers site:
|The Whack-Job |
Where is the FBIs 302 on General Flynn? Why can't it be located and shown to the public? Regards 18DAI
Blue lives matter.
willing to bet there isn't one
at least not a real one
|Donate Blood, |
Save a Life!
Fox News has a great (and very long) article on Powell's writ of mandamus and the reasons behind it. Link and start of article are below. But one point mentioned later addresses this
Regarding the 302, it's noted that Judge Sullivan waved off on it:
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.”
Flynn attorney files emergency appeal to shut down Judge Sullivan's orders, boot him from case
Gregg ReBy Gregg Re | Fox News
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 Sulivan 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. And, citing the 1996 Supreme Court case United States v. Armstrong, Powell argued 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.
Article continues at link...
Personally, I hope Powell continues to squeeze that vise and squeeze it hard.
"Aut viam inveniam aut faciam (I will either find a way or make one)." -- Hannibal Barca
|Step by step walk the thousand mile road|
We can only hope the Circuit Court steps in and shuts that idiot (Sullivan) down.
Nice is overrated
"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
EXCLUSIVE: The Treasury Department Spied on Flynn, Manafort, and the Trump Family, Says Whistleblower
President Barack Obama’s Treasury Department regularly surveilled retired Army Lt. Gen. Michael T. Flynn’s financial records and transactions beginning in December 2015 and well into 2017, before, during and after when he served at the White House as President Donald Trump’s National Security Director, a former senior Treasury Department official, and veteran of the intelligence community, told the Star Newspapers.
“I started seeing things that were not correct, so I did my own little investigation, because I wanted to make sure what I was seeing was correct” she said. “You never want to draw attention to something if there is not anything there.”
The whistleblower said she only saw metadata, that is names and dates when the general’s financial records were accessed. “I never saw what they saw.”
By March 2016, the whistleblower said she and a colleague, who was detailed to Treasury from the intelligence community, became convinced that the surveillance of Flynn was not tied to legitimate criminal or national security concerns, but was straight-up political surveillance among other illegal activity occurring at Treasury.
“When I showed it to her, what she said, ‘Oh, sh%t!’ and I knew right then and there that I was right – this was some shady stuff,” the whistleblower said.
“It wasn’t just him,” the whistleblower said. “They were targeting other U.S. citizens, as well.”
Only two names are listed in the whistleblower’s official paperwork, so the others must remain sealed, she said. The second name is Paul J. Manafort Jr., the one-time chairman of Trump’s 2016 presidential campaign.
The other names include: Members of Congress, the most senior staffers on the 2016 Trump campaign and members of Trump’s family, she said.
“Another thing they would do is take targeted names from a certain database – I cannot name, but you can guess – and they were going over to an unclassified database and they were running those names in the unclassified database,” she said.
This ruse was to get around using classified resources to surveil Americans, she said. Once the Treasury personnel had enough information about someone they were targeting from the black box, they would go to the white box for faster and more informed search.
It was routine for these searches that had no criminal nor national security predicate, merely a political predicate, she said.
Complaint filed with Treasury Inspector General
In March 2017, she filed a formal whistleblower complaint with Acting Treasury Inspector General Richard K. Delmar, who continues in that office today, she said. Beyond Delmar acknowledging receipt of the complaint, the inspector general never followed up on the matter.
This formal complaint was a follow-up to an August 2016 notification to Delmar that did not meet the full requirements of formal complaint, but it provided Delmar with the details of Treasury’s surveillance of Flynn, she said.
The whistleblower filed a subsequent complaint with the Office of Special Counsel May 2017, which is the permanent office established to work with whistleblowers and is not related to Special Counsel Robert Mueller.
This surveillance program was run out of Treasury’s Office of Intelligence Analysis, which was then under the leadership of S. Leslie Ireland. Ireland came to OIA in 2010 after a long tenure at the Central Intelligence Agency and a one-year stint as Obama’s daily in-person intelligence briefer.
The whistleblower said Treasury should never have been part of the unmasking of Flynn, because its surveillance operation was off-the-books. That is to say, the Justice Department never gave the required approval to the Treasury program, and so there were no guidelines, approvals nor reports that would be associated with a DOJ-sanctioned domestic surveillance operation.
“Accessing this information without approved and signed attorney general guidelines would violate U.S. persons constitutional rights and civil liberties,” she said.
“IC agencies have to adhere to Executive Order 12333, or as it is known in the community: E.O. 12-Triple-Three. Just because OIA does not have signed guidelines does not give them the power or right to operate as they want, if you want information on a U.S. person then work with the FBI on a Title III, if it is a U.S. person involved with a foreign entity then follow the correct process for a FISA, but without signed AG guidelines you cannot even get started,” she said. Title III refers to the FBI authority to electronically surveil Americans.
Top Obama Treasury officials among those who unmasked Flynn
Because the intercepts from Flynn’s Dec. 29, 2016 phone call with the Russian ambassador Sergei were captured by an entity other than Treasury, Patrick Conlon, the OIA director, who succeeded Ireland, was on the list of 37 Obama administration officials who either requested that Flynn’s name be unmasked or were shown the unmasked surveillance product.
Conlon accessed the Flynn file Dec. 14, 2016.
There must have been some kind of meeting that day. These are all of the other Treasury Department officials looking at Flynn that day: Secretary Jacob Lew, Acting Assistant Secretary for Intelligence and Analysis A. Daniel “Danny” McGlynn, Acting Deputy Assistant Secretary for Intelligence and Analysis Michael Neufeld, Deputy Secretary Sarah Raskin, Under Secretary Nathan Sheets and Acting Under Secretary Adam Szubin.
Lew is the only one who made the list again, this time Jan. 12, 2017 – and if his deputy’s name sounds familiar, Raskin is the wife of Rep. Jamin B. “Jamie” Raskin (D.-Md.), one of the House Prosecutors, who argued for the removal of Trump after his impeachment. The congressman’s wife was also an Obama-appointed Federal Reserve governor.
Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.”
– Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
What. The Fuck.
This rabbit hole just goes deeper and deeper....
It's like my brain's a tree and you're those little cookie elves.
All this seems worthy of a special council. What exactly would have to happen to get one?
"Alcohol: the cause and solution to all of life's problems" --Homer J. Simpson
|wishing we |
Catherine Herridge showed an unredacted copy of the Susan Rice ltr
Declassified Rice email documenting WH meeting 1/5/2017
Remember - the FBI knew every word Flynn said to Kislyak. There was nothing improper. Indeed it was just what an incoming NSA would do.
The day before 5 Jan 2017, the FBI was going to end it's counterintel investigation of Flynn. But Strzok interceded and kept it open.This message has been edited. Last edited by: sdy,
I was just thinking this "by the book" Bullshit....
Any chance that's code for some nefarious directive? Are they referring some book other than that which they would have us believe?
Rules for Radicals? The Democrat Playbook? Maybe a 'Handbook for Sedition' or something similar cooked up by the Obama Alumni?
If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Clearly it was intended to give cover. They mentioned "by the book" a few too many times it pretty obvious what this letter was designed to do. We will never know what was really said. It means nothing everyone knows what's going on here. Barr has already given the all clear to Obama and Biden even though he knows they are both up to their necks in this as well as multitude of other nefarious activities. I haven't had complete faith in Barr for sometime now.
Kurt Schlichter wrote a article the other day about how we should not expect any accountability or justice to be meted out for any of these people. It just ain't happening and we need to come to terms with it and stop obsessing on it. We need to focus on getting the traitors in elected positions out. Get Nancy Pelosi's majority away from her and shut her up.
It's sad but I fear it's true. And if Schlichter is right then we have lost more than we know because if there is no justice than these things and worse will be repeated again.
"Fixed fortifications are monuments to mans stupidity" - George S. Patton
It ain't over until the fat lady sings. We've come further and learned more than we ever hoped for. If page and strozk were charged and prosecuted before we knew the entire story it would be over already.
There's a reason why obama is speaking up and the dems are freaking out.
The butcher with the sharpest knife has the warmest heart.
Speaking of "by the book" - who the hell is going to cash in on the book and movie rights to this fiasco? Heck - it could probably by a Netflix mini-series !
|Needs a check up |
from the neck up
They all seem to be saying "by the book"
It's like a Few Good Men where they are all walking around saying "there was no code red"
It's a damn farce!
The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz
This is not unusual is it? I mean, doesn't everyone send themselves an email at the end of the day saying that they didn't commit any crimes and certainly didn't commit treason, you know - just in case?
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
I do not recall, Senator, you should memorize that phrase....
NRA Life Member - "Fear God and Dreadnaught"
|Gracie Allen is my |
Not to mention that it was written three weeks after the fact, rather than immediately after the meeting as would be the case with any normally kept records?
|wishing we |
I guess we can all calm down
network political commentator former Sen. Claire McCaskill (D-MO) said former President Barack Obama’s administration did not have even “a hint of corruption during eight years. ”
"not even a hint"
makes me wish old Claire would post in this thread. wouldn't that be fun
She's right of course. He said it's "...the most transparent administration in history."
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