Prosecutors Ask for Flynn’s Attorney–Client Communications, Hint at More Charges

By Petr Svab
February 10, 2020 Updated: February 10, 2020

https://www.theepochtimes.com/...8dee51fa07-238318549

Prosecutors on the case against Lt. Gen. Michael Flynn asked the court to give them access to Flynn’s communications with his former lawyers. The prosecutors suggested they are interested in information that could help them level additional charges against Flynn.

Communications with one’s lawyers are normally protected by attorney-client privilege. The prosecutors argued, however, that Flynn gave up that privilege when he accused the lawyers of giving him bad advice.

“When a defendant claims that his conviction should be vacated or his sentence reduced because his counsel’s professional performance was so deficient that it violated the defendant’s constitutional rights, it follows that the defendant must have waived his attorney-client privilege in that case,” the prosecutors said in a Feb. 9 court filing (pdf).

Flynn’s current lawyer, Sidney Powell, noted “there are limitations” to the prosecutors’ argument, but offered to work it out.

“I hope we can even reach an agreement,” she told The Epoch Times via email. “We’ve already provided the key documents and waived privilege as to those communications.”

In a Feb. 9 response to the court, Powell indicated Flynn will take up to two weeks to respond to the prosecutors’ move (pdf).

In a Feb. 10 order, the district judge, Emmet Sullivan, gave Flynn and the prosecutors until Feb. 24 to reach an agreement on “the terms of the waiver of the attorney-client privilege and the authorization of disclosure of information with respect to Mr. Flynn’s ineffective assistance of counsel claims.”
The Plea

Flynn, former national security adviser to President Donald Trump and former head of military intelligence during the Obama administration, pleaded guilty on Dec. 1, 2017, to one count of lying to the government.

The charge stemmed from a Jan. 24, 2017, interview he gave to two FBI agents: Peter Strzok, former FBI deputy assistant director for counterintelligence operations, and Supervisory Special Agent Joe Pientka.

In his statement of offense, Flynn also admitted to lying on foreign lobbying paperwork for his now-defunct consultancy, Flynn Intel Group. He wasn’t charged for this.

After Flynn hired new lawyers in 2019, he began to push back and is now asking the federal court to allow him to withdraw his plea. He argues the former lawyers gave him bad advice and led him to admit to crimes he didn’t commit.

He noted that the former lawyers, from firm Covington and Burling, had a conflict of interest because they prepared the foreign lobbying paperwork and it was thus in their interest to avoid blame for it and have Flynn take the blame instead.

Covington’s spokesperson previously responded by saying it can’t comment on the allegations due to the attorney-client privilege.

“We do not have any further comment at this time,” the spokesperson said in a subsequent email to The Epoch Times.
Additional Charge

The prosecutors suggested in their filing that they may use information from Covington to try to charge Flynn with lying in the lobbying papers if the court allows him to withdraw his plea.

Any limitation the court puts on how the attorney-client information can be used shouldn’t “preclude the government from prosecuting the defendant for perjury if any information that he provided to counsel were proof of perjury in this proceeding,” they said.

They also asked the judge “to make certain and clear that counsel [Covington] may take the necessary steps to vindicate their public reputation by addressing and defending against the defendant’s claims of ineffective assistance of counsel.”

In 2019, Flynn already partially waived his privilege and gave the prosecutors notes from conversations he had with Covington in preparation of the lobbying papers in early 2017 as well as emails between them from that time.

Powell walked the prosecutors through some of the notes during a June 27, 2019, talk, laying out the case that Flynn was honest with the lawyers and depended on them to complete the lobbying papers correctly.

As such, Flynn declined to say that he signed the papers knowing there were lies in them.

This angered the main prosecutor, Brandon Van Grack, according to notes from the June 27, 2019, conference call (pdf).

“Without [Flynn’s] willfully/knowingly [making false statements], it doesn’t make this an offense,” Van Grack said in a “very heated” voice, the notes state.

Flynn has since alleged that the prosecutors have tried to retaliate against him. He’s asked Sullivan to dismiss the case for government misconduct and “in the interest of justice.”

^^^ WOW, these Deep State Fucks don't ever quit, do they!

A long involved article

https://theconservativetreehou...spygate/#more-183327

The DC Cover-up That’s As Big As Spygate…

bottom line - CTH has long theorized that the Senate Intel Comm security director (James Wolfe) leaked the entire TS classified FISA warrant against Carter Page. Wolfe leaked to his reporter girl friend.

And CTH thinks that was all washed over because there were senators such as Mark Warner (D / VA)involved in making that leak happen. Too scary to go over sitting senators.

Of course not too scary to go after sitting presidents

https://apnews.com/f9addeca0df46d91442701d1420ed046

The Justice Department said Tuesday it will take the extraordinary step of lowering the amount of prison time it will seek for Roger Stone, an announcement that came just hours after President Donald Trump complained that the recommended sentence for his longtime ally and confidant was “very horrible and unfai r.”

The Justice Department said the decision to shorten the sentencing recommendation was made Monday night — before Trump’s tweet — and that prosecutors had not spoken to the White House about it.

On Monday night, prosecutors had recommended Stone serve seven to nine years behind bars after being convicted of charges including lying to Congress, witness tampering and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election. The recommendation raised the prospect that Stone could receive the harshest sentence of any of the half-dozen Trump aides charged in Mueller’s probe.

In a tweet early Tuesday, Trump said the case against Stone was a “miscarriage of justice.” A Justice Department official said authorities decided to step in and seek a shorter sentence because they had been taken by surprise by the initial recommendation. The person, who spoke on condition of anonymity, said prosecutors had told the department to expect a shorter recommendation.

It is extremely rare for Justice Department leaders to reverse the decision of its own prosecutors on a sentencing recommendation, particularly after that recommendation has been submitted to the court. Normally, United States attorneys have wide latitude to recommend sentences on cases that they prosecuted.

Sentencing decisions are ultimately up to the judge, who in this case may side with the original Justice Department recommendation. U.S. District Judge Amy Berman Jackson has repeatedly scolded Stone for his out-of-court behavior, which included a social media post he made of the judge with what appeared to be crosshairs of a gun.

The Justice Department plans to refile the recommendation later Tuesday.

Federal prosecutors also recently softened their sentencing position on former national security adviser Michael Flynn, saying that they would not oppose a probation of punishment after initially saying that he deserved up to six months in prison for lying to the FBI. The Flynn prosecution is also being handled by the U.S. Attorney’s office in Washington.

The White House referred questions about the decision to the Justice Department.

Fucking Mueller team traitors

https://theconservativetreehou...ne-case/#more-183360

CBS News Catherine Herridge reported earlier that top DOJ officials were stunned by the 7 to 9 year prison sentence recommendation; and that DC prosecutors were rogue in this decision and had not informed DOJ leadership .

Additional reporting from Herridge said the DOJ informed the court “they would clarify its position later today with the court after calling the 7-9 year sentencing recommendation for lying and obstructing congress “extreme, excessive and grossly disproportionate to Stone’s offenses.”

Hours later Aaron Zelinsky, who worked as a prosecutor for Team Mueller, “resigned effective immediately as a Special Assistant US Attorney for the District of Columbia,” according to a filing in the Roger Stone case

It looks like the over-the-top sentencing recommendation for Roger Stone was a planned set-up by Aaron Zelinsky et al, to force AG Bill Barr to step-in and reduce the sentence; thereby giving fuel to those in media/lawfare who are accusing AG Barr of political influence. This reeks of Lawfare scheming.

However, Zelinsky is only departing the special assistant to DC role, and it appears he is still an assistant US attorney for the District of Maryland.

The Robert Mueller team assembly was a den of snakes. However, they may have just overplayed their hand on this one. The seven to nine year sentence recommendation for Roger Stone is so over-the-top even Democrats are admitting it.

traitors all:

Mueller
Ahmad
Andres
Atkinson
Dreeben
Goldstein
Jed
Meisler
Prelogar
Quarles
Rhee
Van Grack
Weissman
Zebley
Zelinsky

quote:

Originally posted by sdy:
Fucking Mueller team traitors
traitors all:

Mueller
Ahmad
Andres
Atkinson
Dreeben
Goldstein
Jed
Meisler
Prelogar
Quarles
Rhee
Van Grack
Weissman
Zebley
Zelinsky

You forgot to mention Comey and his co-conspirators in the FBI.

Barr doesn’t have to step in. Let trump pardon him at the time of sentencing or another time. The man is hated enough by the media and left so no biggie.

If Trump is smart (and I think he is), NOBODY will be pardoned until after the election, and the indictments returned by Durham investigation have been filed!

update re Roger Stone

CTH reports all four prosecutors, Michael Marando, Aaron Zelinsky, Jonathan Kravis and Adam Jed have resigned from the case. Their resignations follow the DOJ filing a supplemental sentencing memorandum rebuking the prior sentence recommendation

The ongoing coup...........

seen at CTH

Lou Dobbs on U.S. Attorney Jessie Liu

https://youtu.be/_e3-zATi2RM

President Trump pulled Liu's nomination





and Devin Nunes

https://youtu.be/uHzKsyg1oKY

some of the CTH analysis gets very complex

here is one that attempts to point out numerous strange relationships in the FBI and DoJ

especially about Dana Boente

https://theconservativetreehou...illance/#more-183512


The FBI Corruption is Far Worse Than We Currently Imagine – President Trump Authorized His Own Surveillance…

quote:

Originally posted by sdy:
some of the CTH analysis gets very complex

here is one that attempts to point out numerous strange relationships in the FBI and DoJ

especially about Dana Boente

https://theconservativetreehou...illance/#more-183512


The FBI Corruption is Far Worse Than We Currently Imagine – President Trump Authorized His Own Surveillance…

Just read through this article a couple of times this morning.

The corruption within our government, its many agencies and courts is absolutely stunning and staggering.

There will be a reckoning, one way or another, and I pray that it will be on PDJT’s watch.

ETA - In a comment posted to the CTH article above, is a link to this article in ZeroHedge -

Lead Juror In Roger Stone Trial Was Left-Wing Former Political Candidate Who Despises Trump

FUBAR!

This message has been edited. Last edited by: Cookster,

the FBI, DoJ, and FISA court have hidden behind "national security" and a Top Secret security cloak to keep the American people in the dark.

I don't think the Carter Page warrants were an anomaly. The FBI could get away w anything because they never dreamed any FISA warrant would ever become public knowledge.

I bet a good hard look at FISA in general would make us very unhappy w the abuse of power and lies that FBI/DoJ/FISA court routinely engaged in (MHO)

Excellent reporting by CTH. The more I read about this hostile overthrow of our government, the more my blood boils.

as seen at CTH
Devin Nunes Discusses Upcoming Bill Barr Testimony...

Rep. Devin Nunes appears on Fox Business News with Maria Bartiromo to discuss AG Bill Barr being called to testify in the House about the Roger Stone case sentencing. Additionally, Nunes discusses issues with the Mueller investigation and dirty cops.





https://theconservativetreehou...bill-barr-testimony/

Devin Nunes is suing several news agencies over defamation to him personally. McClatchy is one of those news agencies

Remember when McClatchy kept reporting that there was hard evidence that lawyer Cohen had been in Prague ?

McClatchy is now filing for backruptcy

McClatchy, nation's second-largest newspaper company, files for bankruptcy

McClatchy Co., the second-largest newspaper company in the U.S., announced on Thursday that it has filed for Chapter 11 bankruptcy protection.

The 163-year-old company, which owns prominent local newspapers including the Miami Herald, The Kansas City Star and The Sacramento Bee and 24 other publications in 14 states, said its Chapter 11 plan eliminates 60 percent of its debt while helping the company pivot to "a digital future."

"The Chapter 11 filing will allow McClatchy to restructure its debts and, it hopes, shed much of its pension obligations. Under a plan outlined in its filing to a federal bankruptcy court, about 60 percent of its debt would be eliminated as the news organization tries to reposition for a digital future," the bankruptcy announcement reads.

Looks like McCabe won't face charges.

https://www.redstate.com/bonch...sque-score-settling/

https://www.breitbart.com/poli...ce-criminal-charges/

quote:

Originally posted by mbinky:
Looks like McCabe won't face charges.

https://www.redstate.com/bonch...sque-score-settling/

https://www.breitbart.com/poli...ce-criminal-charges/

My trust and confidence in Barr has dropped like a rock since yesterday.

Mark Steyn was in for Rush today and was furious and basically said of Barr and his comment about Trump's tweeting: "Stop complaining and DO YOUR FUCKING JOB ALREADY!"

McCabe won't face any criminal charges.
Stone was facing 7 to 9 years in federal prison.

Yeah, Dept of Injustice alright. Fucking swamp.