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Flynn Spygate Saga: Why It Matters That Sidney Powell Wants Data From Joseph Mifsud’s Smartphones
The Federalist ^ | 10/17/2019 | Margot Cleveland

Posted on 10/17/2019 9:41:29 AM PDT by SeekAndFind

On Tuesday, attorney Sidney Powell struck again, revealing yet another huge development in the Spygate saga between the lines of her latest motion. That motion, filed in the still-pending criminal case against Trump’s former national security advisor, Michael Flynn, demanded exculpatory evidence from federal prosecutors.

But unlike her previously filed motion to compel, here Powell seeks evidence “that has only recently come into its possession.” And the evidence sought? The data and metadata from two Blackberry devices used by Joseph Mifsud.

While Powell’s latest motion barely equaled two pages, the implications are multi-pronged and monumental.

That the U.S. government has only recently obtained possession of a pair of smartphones used by Joseph Mifsud tells us two things: that Attorney General William Barr and U.S. Attorney John Dunham’s probe into the origins of the Russia-collusion hoax is both serious and successful, and that the Crossfire Hurricane targeting of President Trump and former special counsel Robert Mueller’s investigation were neither.

After all, Mifsud was the man whose tip to young Trump volunteer advisor George Papadopoulos, that the Russians had dirt on Hillary Clinton, supposedly formed the basis for the FBI to launch Crossfire Hurricane’s targeting of the Trump campaign in late July 2016. Yet no one bothered to interview Mifsud until six months later, when he traveled to D.C. to speak at a conference sponsored by the State Department.

And then the FBI let him go, later blaming Papadopoulos for their inability to properly question the purported Russian agent. Mueller seemed equally uninterested in Mifsud—a strange position to take toward a putative enemy agent.

In contrast, Barr and Dunham seemingly considered Mifsud key to understanding the Russia-collusion investigation. At least their reported trip last month to Italy suggested as much, with the Washington Post repeating the news that while there, “Barr and U.S. Attorney John Durham were played a taped deposition from when Mifsud reportedly applied for police protection.”

The timing of the Italy trip, Powell’s motion, and her assertion that the government only recently came into possession of Mifsud’s two smartphones, all suggest Barr and Durham returned stateside with the evidence—something a serious investigation into potential Russia collusion back in 2016 would have already looked at.

It would be an impossibility for our government to cordially obtain Mifsud’s smartphones if he were truly a Russian agent. If he were, he’d not hand over his smartphones to the United States or allow the Italian government to do so.

Powell’s revelation that the government has Mifsud’s two Blackberries goes deeper, too: It connects to the shocker Powell shared in a previous court filing—that Mifsud attended the Russia Today dinner in Moscow on December 17, 2015, where Flynn was photographed with Vladimir Putin. That dinner marks a second connection between Trump campaign folks and Mifsud, with Papadopoulos as the other.

In her motion, Powell suggests Mifsud had been tasked against Flynn, seeking, along with other agents, to arrange “—unbeknownst to him—‘connections’ with certain Russians that they would then use against him in their false claims.” But Powell is handicapped in making this argument, because the prosecution refused to turn over much of the evidence she seeks to defend her client.

Federal prosecutors have not said no to providing Mifsud’s smartphone data, at least not yet. Instead, in response to Powell’s request for the data, the government told her that “if we determine that they contain information that is discoverable or that is relevant to sentencing, we will produce them to you.”

This response proves intriguing and triply so. First, the prosecutors speak of deciding, which suggests that they have not yet reviewed the smartphones. That raises an interesting possibility—that Barr and Durham are controlling the investigation of the investigators and they had yet to see the smartphones or data. Yet Powell knew about the phones, suggesting she has a well-placed source sympathetic to Flynn’s plight, or outraged by the political and prosecutorial abuse on display in this case, or both.

Finally, the government’s response indicates that federal prosecutors may be ignoring presiding Judge Emmet Sullivan’s standing order. In that standing order, Sullivan ordered the government to produce to “any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” But in its response to Powell, the government speaks of only providing evidence “relevant to sentencing,” and seemingly ignores the court’s directive, which was to provide any evidence favorable to Flynn and material to either his guilt or his punishment (sentence).

The court is not likely to rule on Powell’s latest filing for some time. And who knows, by then Barr and Durham may have already issued their report.


Margot Cleveland is a senior contributor to The Federalist. Cleveland served nearly 25 years as a permanent law clerk to a federal appellate judge and is a former full-time faculty member and current adjunct instructor at the college of business at the University of Notre Dame. The views expressed here are those of Cleveland in her private capacity.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 2015; 201512; 20151217; barr; blackberries; durham; emmetsullivan; exculpatoryevidence; georgepapadopoulos; italytrip; josephmisfud; malteseprofessor; michaelflynn; mifsud; papadopoulos; putin; raymcgovern; russiatoday; sidneypowell; spygate; vips; vladimirputin
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1 posted on 10/17/2019 9:41:29 AM PDT by SeekAndFind
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To: SeekAndFind

If the pieces of this puzzle are ever put together, this Clinton/Obama crime cartel story will make War and Peace look like a small pamphlet in comparison.


2 posted on 10/17/2019 9:44:06 AM PDT by BrexitBen
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To: SeekAndFind

I think we’ll be seeing a lot about Mifsud after the IG report is made public.


3 posted on 10/17/2019 9:45:01 AM PDT by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: SeekAndFind
Yet Powell knew about the phones, suggesting she has a well-placed source sympathetic to Flynn’s plight, or outraged by the political and prosecutorial abuse on display in this case, or both.

For the last three years I have had little or no sympathy for Michael Flynn -- mainly because I considered his plight to be a problem of his own doing, and because I question how capable he was in his roles in our national security agencies.

I'd certainly change my mind about this if we learn that this whole charade was part of a well-planned operation within a group of key people in the Trump administration to expose all this criminality in the DOJ/FBI/CIA apparatus.

4 posted on 10/17/2019 9:54:21 AM PDT by Alberta's Child ("Knowledge makes a man unfit to be a slave." -- Frederick Douglass)
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To: Alberta's Child

RE: mainly because I considered his plight to be a problem of his own doing, and because I question how capable he was in his roles in our national security agencies.

The above is not the MAIN ISSUE. The main issue is this — Did he collude with Russia? If not, then the whole thing was a dirty setup. If government is allowed to do this to him ( regardless of whether you like him or not ), they can do this to ANYBODY.


5 posted on 10/17/2019 9:57:09 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind
Back in early 2017 there had been a lot of discussion here on this website -- and rightfully so -- about the illegal unmasking of all these U.S. citizens (including Michael Flynn) under FISA surveillance by the CIA/FBI.

After many months I learned that the unmasking of Flynn had NOT been illegal after all. This was because he was effectively stripped of this legal protection once these agencies intercepted his phone calls to the Russian ambassador on his private mobile phone while vacationing in the Dominican Republic.

Personally, I find it alarming that the nominee for National Security Advisor would be making highly sensitive phone calls in an unprotected setting like this in a Third World dump. That alone should pretty much disqualify him from even working in the White House as a janitor.

6 posted on 10/17/2019 10:08:05 AM PDT by Alberta's Child ("Knowledge makes a man unfit to be a slave." -- Frederick Douglass)
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To: SeekAndFind; Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; ...

p


7 posted on 10/17/2019 10:10:49 AM PDT by bitt
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To: Alberta's Child

RE: Personally, I find it alarming that the nominee for National Security Advisor would be making highly sensitive phone calls in an unprotected setting like this in a Third World dump. That alone should pretty much disqualify him from even working in the White House as a janitor.

Two separate issues -— His qualifications to serve as NSA and his prosecution ( to the point of bankruptcy ).

My issue of interest is NOT the former but the latter.
If he is deserving of prosecution, Hillary was EVEN MORE SO.


8 posted on 10/17/2019 10:15:33 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind
Oh, we're sorry. We erased the memories by accident, but here are the phones.
9 posted on 10/17/2019 10:37:51 AM PDT by USS Alaska (Nuke the terrorist mooselimb savages, today.)
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To: SeekAndFind

“The above is not the MAIN ISSUE. The main issue is this — Did he collude with Russia? If not, then the whole thing was a dirty setup. If government is allowed to do this to him ( regardless of whether you like him or not ), they can do this to ANYBODY.”

Excellent point! But let me add this, which everyone seems to overlook. From the time Gen. Flynn was charged, until the time he is ultimately sentenced, he is under a GAG order. That means, he is not allowed his First Amendment rights of freedom of speech. Am I the only one that wants to hear his side of the story?

One of the many mistakes Trump has made was his knee-jerk firing of Flynn, based on Sally Yates insistence. It definitely feels orchestrated to me.

Read what George Papadopolous had to say after he served his sentence. I feel Flynn has just as much to say. I also feel Admiral Rogers has important information to add, and would like to hear from him.

However, Barr is running out of time, if he hasn’t already. Barr really needs to serve some indictments if he is to have any chance of getting one or more of the conspirators to flip. There are too many people involved and someone is bound to spill the beans.


10 posted on 10/17/2019 10:43:41 AM PDT by euclid216
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To: SeekAndFind
that Attorney General William Barr and U.S. Attorney John Dunham’s probe into the origins of the Russia-collusion hoax is both serious and successful

I predict that all the data and metadata from Misfud's phones will be either 'lost,' or 'accidentally' destroyed.

11 posted on 10/17/2019 10:45:03 AM PDT by Ol' Dan Tucker (For 'tis the sport to have the engineer hoist with his own petard., -- Hamlet, Act 3, Scene 4)
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To: BrexitBen

“If the pieces of this puzzle are ever put together, this Clinton/Obama crime cartel story will make War and Peace look like a small pamphlet in comparison.”

I have often thought, if told honestly, Spygate would make a great miniseries. It would take at least 10 hour long episodes, with a huge cast of characters.

They already have plans to make a movie based on Comey’s book. We already know that will be pure fiction. But a series based on all the facts will be news to the American Public. This is a case of the Truth being stranger than fiction. No one could write a story as involved as this one, which explains why most Americans don’t understand what happened, and what is still happening.


12 posted on 10/17/2019 10:52:43 AM PDT by euclid216
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To: BrexitBen
If the pieces of this puzzle are ever put together

Like everything else in DC, while the details seem confusing, the explanation is simple. Everyone is freelancing and improvising to get his piece of the action. "In graft we Trust." It's the driving force in DC; they all know it; and therefore no one sees anything, it's all been debunked and nothing goes anywhere.

13 posted on 10/17/2019 10:59:02 AM PDT by AndyJackson
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To: SeekAndFind

John Kerry’s old supporter from the Amb. Joe Wilson/Valerie Plame days, Ray McGovern, was also at that Russia Today dinner, seated at the very next table. I wonder if he was there as a potential informant or witness for Crossfire Hurricane’s setup.


14 posted on 10/17/2019 11:11:30 AM PDT by piasa (Attitude adjustments offered here free of charge.)
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To: Alberta's Child

The Dominican Republic is the Democratic Party’s favorite third world dump to visit on vacation, if you pay attention. They’ve had a hard on for it since the 60s. Didn’t Menendez go there for the underage prostitutes?


15 posted on 10/17/2019 11:24:52 AM PDT by piasa (Attitude adjustments offered here free of charge.)
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To: piasa

Maybe not Crossfire since it formally started months later, but perhaps part of Chalupa’s part in this as she did start jonesing against Trump in mid 2015.


16 posted on 10/17/2019 11:28:25 AM PDT by piasa (Attitude adjustments offered here free of charge.)
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To: piasa

Sydney is one helluva lawyer.


17 posted on 10/17/2019 11:32:57 AM PDT by Oldexpat (Jobs Not Mobs)
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To: Ol' Dan Tucker
I predict that all the data and metadata from Misfud's phones will be either 'lost,' or 'accidentally' destroyed.

What will you do if your prediction is wrong?

18 posted on 10/17/2019 12:16:00 PM PDT by SamuraiScot (am)
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To: Oldexpat

She certainly is.


19 posted on 10/17/2019 12:26:13 PM PDT by WASCWatch
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To: SeekAndFind

I want Mifsud, if the Deep State hasn’t already disposed of him.


20 posted on 10/17/2019 12:29:49 PM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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