Something seems rotten in Flynn's case — and maybe others, too

The Hill ^ | April 30, 2020 | Andrew C. McCarthy

[billorites]

The prosecution of Michael Flynn was rocked last Friday by the disclosure of new exculpatory information, leading to speculation that the exoneration of President Trump’s first national security adviser could be imminent. That would be an amazing reversal, since Flynn pleaded guilty in 2017 to lying to FBI agents and, later, declined a federal judge’s invitation to withdraw that plea — reaffirming his admission of guilt. (Flynn has since sought to vacate the plea; the court has not yet ruled.)

The Department of Justice’s letter to Sidney Powell, Flynn’s current lawyer who has persisted for months to pry exculpatory evidence from DOJ, indicates that further revelations may be forthcoming. For now, the disclosure has two salient aspects.

The first involves the factual basis for the Obama-era FBI’s investigation of Flynn — or, rather, the lack of a basis. Under federal law, a false statement made to investigators is actionable only if it is material to the matter under investigation. If there was no basis to believe Flynn had committed a crime, his counsel could have argued that any false statements allegedly made by Flynn when he was questioned in January 2017 were immaterial. Ergo, Ms. Powell contends that the withholding of this information violated the government’s duty to disclose exculpatory evidence.

It is the second aspect I want to home in on, however.

Powell and other champions of Flynn’s cause have long claimed he did not lie to investigators -- a claim supported by the interviewing FBI agents, who concluded that Flynn had not made intentional misstatements, just failures of recollection, which are common.

< EDIT>

The closer one looks, the worse it gets. We can say that narrowly about the Flynn prosecution, and more generally about the Mueller investigation.

[Lurkinanloomin]

Jury nullification in all FBI cases is the only legal move the citizens have.

[Zuben Elgenubi]

The vacating of General Flynn’s charge shakes the foundation of the validity of the Mueller investigation.

[Ann Archy]

SEEMS ROTTEN????? McCarthy is STILL pro-FBI leadership, I see.

[Ann Archy]

RAID MULE FACE”S HOUSE!

[Pollard]

Here Grassley on twitter right now

New DOJ/Flynn docs are stamped w SCO as in Special Counsels Office

Did Mueller have these docs? Why did his team sit on them? What else is Mueller team that cost taxpayers $30+ million hiding? The ppl deserve answers 2restore faith in federal law enforcement agencies

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Just who the hell is he asking? Maybe he should ask Graham. He’s been getting to the bottom of this for the past year with investigations right? No you say? SOP for congress critters

Meanwhile, Grassley is on the Oversight Committee. Maybe they should exercise a little oversight on a couple of Judges, Bergman(criminal) & Sullivan(lost his damn mind)

[Menehune56]

Heads need to start rolling.

[Zhang Fei]

What’s your take on McCarthy’s view?

[Bonemaker]

"Something seems rotten in Flynn's case — and maybe others, too"

[precisionshootist]

“ Jury nullification in all FBI cases is the only legal move the citizens have.”

I think citizens could could do more by never reporting, communicating, or cooperating with the FBI for any reason. If asked by a known FBI agent “where is the restroom?” The reply should be I want to speak to my attorney. There is no provision in the Constitution that provides for a federal police force and absolutely no provision for armed federal agents in any capacity. Under our Constitution only the people have the right to bare arms, outside of the military the federal government has no such rights. All police powers should reside with the states.

[A Navy Vet]

"If asked by a known FBI agent “where is the restroom?” The reply should be I want to speak to my attorney."

Or use Hillary's dozens of answers, "I can't recall. I have no memory of that." etc. Don't say, "I don't know", because if evidence proves otherwise, perjury.

[Tilted Irish Kilt]

Any investigation, or prosecution run by the FBI with the slightest hint of political intrigue ,
needs to be re-investigated by both the FBI and the Investigator General with the intent to criminally prosecute the offenders of the law.
This concept of administrative sanction is insufficient;
there needs to be criminal prosecution for criminal activities.
The fact that the FBI has been politicized ever since Obama's 'wing man' led the Bureau, should not be minimized.
If gives one concern that any additional hireings in the agency may have been politically motivated.
The fact that Peter Strzok was in personnel should raise concerns,
especially after he was downgraded and re-assigned.

[eyeamok]

Maybe others too???

Why do so many smart people that have been around for such a long time act like they are Stupid when faced with troubling realities, which have been known for many many years???

[Nuc 1.1]

Change the venue. The only way justice will be done.

[Emmett McCarthy]

He’s very reserved in his comments and has always been that way. What he’s saying here is stronger and more direct than anything I can recall. It may be a career habit of not saying much about “ongoing cases”?

[ALPAPilot]

One item of immense importance to the country doesn’t get mentioned.

The President’s NSA has to be able to have free, unencumbered communications with the FBI counter intelligent group. Shutting that down because of this crap creates a huge problem for ongoing national security.

[Zhang Fei]

[He’s very reserved in his comments and has always been that way. What he’s saying here is stronger and more direct than anything I can recall. It may be a career habit of not saying much about “ongoing cases”?]

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Flynn screwed the pooch from the very beginning by talking to the FBI without counsel present. At the same time, this gives Trump the political cover he needs to issue a pardon. Flynn’s crucifixion has basically cured anyone on the right of the urge to talk to the cops without a lawyer present. In that respect, the FBI’s all-round crookedness has rendered anyone who might end up in a prosecutor’s gun sights a public service.