Posted on 02/16/2018 6:41:19 AM PST by billorites
Observers are buzzing about a series of events in the last 60 days in the case of Michael Flynn, the Trump national security adviser who on Dec. 1 pleaded guilty to one count of lying to the FBI in the Trump-Russia investigation. The new developments might add up to very little or they might be significant. In any event, they are raising eyebrows.
First, there is some mystery surrounding the removal of Judge Rudolph Contreras from the case. Just days after accepting Flynn's guilty plea, Contreras was taken off the case by the U.S. District Court for the District of Columbia. No reason was given.
Of potentially more interest is Contreras' replacement, Judge Emmet Sullivan. Sullivan is well known in legal circles for having been the judge in the case of Ted Stevens, the Republican senator from Alaska who was prosecuted for corruption by the George W. Bush Justice Department. Stevens was convicted in October 2008, causing him to lose his bid for re-election the next month. But it later came to light that the Justice Department had improperly withheld exculpatory evidence. In April 2009, Eric Holder, the Obama attorney general who inherited the mess, dropped the case.
What Flynn watchers are noting today is that when all that happened back in 2009, Sullivan ripped into the Stevens prosecutors with an anger rarely seen on the bench. Sullivan was furious that the federal government had repeatedly withheld evidence from the Stevens defense and has been known ever since as a judge who is a stickler for making sure defendants are allowed access to all the evidence they are entitled to.
On Dec. 12, after just a few days on the Flynn case, Sullivan, acting on his own, ordered the office of special counsel Robert Mueller "to produce to [Flynn] in a timely manner — including during plea negotiations — any evidence in its possession that is favorable to defendant and material either to defendant's guilt or punishment."
Sullivan also ordered Mueller "to produce all discoverable evidence in a readily usable form." And he declared that "if the government has identified any information which is favorable to the defendant but which the government believes not to be material, the government shall submit such information to the Court for in camera review." In other words, Sullivan declared that he, not Mueller, would be the judge of what evidence should be produced.
While the move could be simply standard procedure for Sullivan, it was nevertheless notable because Flynn had already pleaded guilty, and, as part of that guilty plea, agreed to "forgo the right to any further discovery or disclosures of information not already provided at the time of the entry of [Flynn's] guilty plea."
"It certainly appears that Sullivan's order supersedes the plea agreement and imposes on the special counsel the obligation to reveal any and all evidence suggesting that Flynn is innocent of the charge to which he has admitted guilt," wrote National Review's Andrew McCarthy, a former federal prosecutor.
On Jan. 31, the two sides in the case agreed to delay sentencing for Flynn until at least May. Some observers saw that as an entirely routine development in a case in which the defendant is cooperating with prosecutors on an open matter. On the other hand, in the Flynn case, the delay took place in the context of Sullivan's evidence order, and there is no way for the public to know whether that played a role in the decision.
Fast forward to Wednesday. Prosecutors and the defense submitted to Sullivan a proposed order limiting the use of any new evidence produced by the government. The evidence can be used by Flynn's defense "solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding." The proposed order, awaiting Sullivan's approval, also set out rules for handling "sensitive" materials.
That's where things stand now. The latest filings indicate both sides are taking Sullivan's order seriously, which is certainly a good idea, given Sullivan's history. But is there actually not-yet-produced evidence that might help Flynn? If so, would it have any effect on the case in which Flynn has already pleaded guilty? And would it have any effect on the larger Trump-Russia investigation? There are no answers right now, but United States v. Michael Flynn remains a case to watch.
Thanks for the info.
This old Grampa is having a hard time keeping up with the current cases in trial and pre trial.
Keep posting this data for future use.
Yes! There’s evidence probably showing illegal activity involving the FBI that relates to the whole Russia/Trump collusion scam. Mueller doesn’t want that to get out but eventually this stuff will get out one way or another. It’s a race against time for Mueller to get Trump and associates before what’s coming out that will derailed Mueller, FBI, Obama’s DOJ...etc
Problem is, Mulehead knowingly gave Flynn the ability to “speak out” and to “tell his story” and ONLY prohibited him from discussing anything post-Trump by virtue of the deal.
Now, it’s possible that deal itself may be null and void.
I still maintain Flynn knew what he was doing, that his “lie” was deliberate, that as a lifelong spy he was fully prepared for a few years of hardship (including financial, knowing he will be fully recompensed by Trump) and that he has been “in” on all this from the beginning.
Guilt plea will be rejected by new judge of record?
yeah!WOOT!
In my opinion this is sort of a catch 22. Keep something hidden whether at the Mueller or FBI level and run the risk of the IG report exposing something they have kept hidden. That is if the IG report waits until after May to finally get out there. Maybe the judge waited that long so that reports findings can be added.
We make points abut the niceties of criminal prosecution, evidence, presumption of innocence, etc. etc. — meanwhile the federal government routinely withholds evidence, violates the law, persecutes the citizenry, etc. etc.
Our entire government is staggeringly corrupt and needs to be dismantled and rebuilt along constitutional lines.
Trump appears to be making inroads in that direction. But there are many, many miles to go.
In the meantime, while the Attorney General is AWOL and Mueller is defacto running everything and squandering thousands of FBI man-hours on bull shit. 17 are murdered in a Florida high school.
Dismal, yet an excellent summary of our federal government, most states and big city governments.
President Trump is our last chance to reverse the mess you pointed out.
“That is if the IG report waits until after May to finally get out there. Maybe the judge waited that long so that reports findings can be added.”
Originally, the IG report was to be out in Jan/Feb time frame but now it is Mayish?
Trust me,it is being “massaged” MOST vigorously !
>>I am not a lawyer, but does that mean that Flynn can’t use the evidence to sue Mueller for withholding evidence favorable to Flynn?<<
I think that’s a good call on your part. Makes perfect sense, in fact, especially when you consider that the original judge was reassigned, which would at least imply that Flynn wasn’t getting fair treatment.
And if Mueller withheld exculpatory evidence, I’d love to see him on trial before all this is over. That said, I keep hoping he’s going to turn out to be one of the good guys and that Trump has this whole mess under control.
The catch 22 might be the case against Flynn’s son. Does the full weight of the Feds come down on the boy if Flynn withdraws his plea?
I would add that if someone on the prosecuting team withheld exculpatory evidence, it might not be Mueller. Regardless, if Flynn was railroaded somehow, that language might prevent him from suing to recover all his legal costs since he wouldn’t be able to use the information in his suit. And if he was railroaded he should be able to sue the pants off whoever was behind it. People need to lose their livelihood and go to jail if any of this persistent behavior is to ever stop.
And that includes Hillary and Bill. They both need to be made examples of what happens to corrupt politicians. So far the example is that they get rich and gain power. That needs to change.
Obama brought “The Chicago Way” to our nation’s capitol. A match made in the infernal regions.
>>The catch 22 might be the case against Flynn’s son. Does the full weight of the Feds come down on the boy if Flynn withdraws his plea?<<
This is total speculation, but that might be part of the evidence that’s been withheld. That is, the court wasn’t told that Flynn was essentially blackmailed into pleading guilty. Or, more likely, the original judge was in on it and was removed as a result. But again, total speculation.
If he was blackmailed though, it would be understandable that Mueller would want it sealed and not be made public.
The interesting thing to consider is that President Trump has more than likely been informed of exactly what happened. It’s not like he lacks resources to find out. Rosenstein, after all, reports directly to him.
You might want to consider using this as your tagline:
“Obama brought “The Chicago Way” to our nation’s capitol. A match made in Hell!”
Ha!
“Obama brought “The Chicago Way” to our nation’s capitol. A match made in Hell!”
That wisdom worked into a tagline would go well with my current one.
You wish! All that will happen is a smack on the hand from another judge. Brotherly love and all that. Wasn't Mueller's 2ic subject to something like this? And where is he now? Answer: 2ic.
If not for the corrupt DOJ, Stevens would have been re-elected in 2008 and most likely would not have been on the plane which crashed and cost him his life in 2010. He would be 94 now if still alive so might have not run for re-election in 2014, but we would have had a better senator from Alaska for at least 6 more years.
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