Special Counsel, Robert Mueller, Postpones Michael Flynn’s Sentencing – FBI Sends Message To...

IWB ^ | Ruby Henley

[davikkm]

Special Counsel Mueller is feeling the heat right now, as he just postponed the sentencing of Michael Flynn. He has come so far only to be faced with the truth, which may be revealed possibly tomorrow with the release of the FISA MEMO.

The truth is the FISA WARRANT was obtained illegally, and it was supposed to be used on Carter Page – not Michael Flynn. Obama obtained the FISA from the FISA court by telling them it would be used to spy on Carter Page, and that is what they expected. However, it was used to spy on whomever they wanted.at the time.

Mueller knows that when the FISA MEMO comes out, this will be revealed. That would mean the whole Special Counsel probe was based on false evidence or lies. And it was, and the FISA MEMO will prove it.

[magua]

Strzok got the false warrant from the FISA judge. He gave false info to the judge. He also interviewed Flynn after that. Flynn walks sue.

[Robert A Cook PE]

LS: Alberta’s Pride has an interesting summary I recommend you read with respect to Flynn’s court defense’ strategy and the most recent Mueller-Comey-McCabe triangle.

[monkeywrench]

Maybe on friday so it won’t throw the stock market real bad.

[Alberta's Child]

See Post #17. Any waivers of a right to assert a constitutional right arising out of the investigation will be null and void if new evidence related to the case is uncovered. In the Flynn case, there is an open order -- dated AFTER Flynn's guilty plea -- for Mueller to turn over any such evidence to the defense.

[Starboard]

Market is already having a down day. Concerns over rising rates and wage pressures. Not sure the FISA memo will have any effect on the market; its basically old news to the market.

[Cboldt]

Mueller can play the same game the courts do. If the information doesn't come in the right way, it's not part of the body of evidence.

In other words, Mueller can persist in keeping FISA material out of his case, thereby having no legal need to disclose it in the Flynn prosecution.

As for the argument based on Strozk being biased against Flynn, Mueller knows that - supposedly he fired Strozk for that sort of bias against Trump and Trump's people. He also knew, at that time (or had the evidence) that Strozk was involved in trapping Flynn.

I think Mueller is just delaying input to the Flynn case record - which becomes public material once supplied unless he can argue keeping it under seal to protect ongoing investigations or classified information.

[Regulator]

“That would mean the whole Special Counsel probe was based on false evidence or lies”

Which is what I said it was from the start.

Mueller is going to try to bob and weave and say he wasn’t aware of some of the things that were happening, but he will be exposed as a perjurer running an entrapment game.

Might have gotten away with it if it was a low level drug dealer or whatever, but he thought he could run a cheap scam on the Presidency.

Pride goeth before a fall.

[Flaming Conservative]

I expect Judge Emmett Sullivan to vacate the whole thing, anyway. But if Mueller is smart, he’ll do so, himself.

[Alberta's Child]

If the information doesn't come in the right way, it's not part of the body of evidence.

Exactly. But if the evidence is plastered all over the internet and on the front pages of newspapers all over the country after its release into the public domain by a House committee, then there's no "wrong way" for the information to be introduced.

It's surely no coincidence that Flynn's sentencing was delayed this week -- under an request signed by both sides.

As for the argument based on Strozk being biased against Flynn ...

"Bias" is the least of Strozk's problems. We're talking about criminal conduct ... by a member of the investigating team ... during the course of the investigation.

I don't see how a charge of lying to the FBI can possibly hold up when there's credible evidence that the FBI agent who was allegedly misled by Flynn was fabricating evidence against him.

And here's something else to consider ...

In common law, there's something known as the "Entire Controversy Doctrine" that requires the parties in a legal dispute to adjudicate any and all charges (in a criminal case) or claims (in a civil case) at the same time. So (for example) if I sue you over a motor vehicle accident that occurred last month, and my dog bit you six months ago and you weren't sure about suing me at all, you will forever forfeit your right to sue me later over the dog bite if you do NOT file a counter-claim now in my lawsuit related to the car crash.

Under this common law principle, Mike Flynn would have the right -- even the legal obligation, if only to protect his rights for legal redress -- to file civil claims against Strozk, the FBI, and maybe even Mueller himself (even if just as a formality) on the basis of the evidence that emerges from this HPSCI memo.

If nothing else, it gives Flynn's legal team (along with anyone else who is facing charges from Mueller) the right to subpoena any and all persons and organizations named in the memo. Mueller may be forced to drop each and every charge he's filed or is even considering filing -- just to avoid a catastrophic scenario like this.

[circlecity]

"See Post #17."

No, post #17 is saying that Meuller probably stayed away from any FISA evidence to avoid tainting his investigation so he could still take the case to trial. But if that's the case then there would be no basis to set aside the guilty plea in the first place and the plea still stands. Again, I know nothing of this order you speak of and there are other considerations I am probably also unaware of so who knows. I'm hope you are right and the the plea can be vacated because of this.

[LS]

I still suspect the entire “raid” was staged; that Manafort knew it was coming to make it look good (cause he had already been a COOPERATING witness); that the whole Mulehead show is a massive distraction, which is working very, very well.

While people were obsessed with Mulehead, Sessions began LAST YEAR investigating Cankles for both U1 and emails. This only came out a couple of months ago and according to reports had been going on “for MONTHS.”

Grassley yesterday sent in a request for prosecution/investigation of Cankles’ relationship to the Dossier . . . this is a NEW investigation (that would be number 9).

Ron Johnson sent in a SEPARATE request for interviews with 16 Cankles/Zero affiliate people on the dossier and other. (If this is separate, that would be TEN investigations) and all this does NOT count the “sex fund” or any scandals associated with that which I continue to think lay at the heart of all of this with its ties to the Awans.

[Flaming Conservative]

If Mueller had shut down the case before this FISA info became available, it would have just prompted a charge of politics, and the demand, by democrats, for a replacement prosecutor. Now there will be an unshakable, irrefutable, clear-cut justification to shut it down, if what we’ve heard about the FISA memo is true. And it should be Mueller who announces the shutdown, while explaining the necessity, legal imperative, and prudence, of doing so.

[Alberta's Child]

Mueller's only charge against Flynn involves lying to the FBI. That's the only charge he could pursue because the FISA evidence was inadmissible. But if the agent who was conducting the interview where this alleged deception by Flynn took place is hopelessly compromised, then all bets are off.

ORDER: U.S. District Court for the District of Columbia -- UNITED STATES OF AMERICA v. MICHAEL T. FLYNN -- Criminal No. 17-232-01

Like I said ... this was dated after Flynn entered his guilty plea. This tells me that he knew damn well there would be exculpatory evidence coming out between the date of this order and the date of his sentencing. And Mueller probably knew, as well.

[Flaming Conservative]

I posted before I read your post. You did a much better job of explaining why Mueller should, and most likely WILL shut it down.

[Alberta's Child]

Mueller will never announce a shutdown. Here's how the process would work ... and it sure gets comical in a hurry:

1. Mueller must file a formal report with the Deputy AG (Rosenstein) whenever something this monumental comes up in his investigation.

2. Rosenstein would then announce the end of the Mueller investigation, based on Mueller's own recommendations.

3. Democrats in Congress and the media collectively lose their minds and call for the firing of Rosenstein -- perhaps merely days after they've been all over TV and the internet warning President Trump not to fire him.

LMAO.

[RinaseaofDs]

I think your simply put observation is the key here.

This is why the Dems are screaming about the memo. It opens the entire business up to scrutiny.

That it gets Flynn off, and likely any action against Manafort, is incredibly speaking, incidental.

[Cboldt]

You've read the criminal complaint and statement of the offense, yes? Flynn admits those facts are true. No evidence was fabricated against him.

As for the Nunes memo having any play in the Flynn prosecution, the fact that something is all over the news does not bring it into the case. Mueller controls the evidence on his side, and is obliged to turn over everything he has that is exculpatory. Bias on the part of the investigator is relevant, but has not been disclosed to Flynn in the context of this case. The news is "outside" until the prosecutor or defendant brings it in.

Charging Flynn might be fought off as an abuse of prosecutorial discretion. Same conduct seen by the same investigator (Strozk) in Mills and Abedin, no charge.

At any rate, I think the delay is because Mueller does not want to put exculpatory evidence in a place the public can get its hands on it. Just that simple. Flynn doesn't mind waiting. Not that waiting isn't a burden compared with being exonerated, but preferable to being sentenced.

All the rest of this stuff plays out in the court of public opinion, which has an entirely different calculus.

[circlecity]

"This tells me that he knew damn well there would be exculpatory evidence coming out between the date of this order and the date of his sentencing. And Mueller probably knew, as well."

Then why take the plea in the first place? Just to stop the bleeding from the lawyer fees or were they going after his family too, or something like that?

[Alberta's Child]

P.S. -- Look at the wording of the court order I linked in my prior post:

"requiring the government to produce any evidence in its possession that is favorable to the defendant and material to either the defendant's guilt or punishment."

Think about that for a moment ...

1. Flynn entered a guilty plea on December 1, 2017.

2. Eleven days later, a court order is signed that requires the prosecution to turn over any additional evidence that is material to the defendant's GUILT in the case.

Why would the court issue such an order if the defendant's guilt had been established already?

[MayflowerMadam]

I just finished listening to the Levin/Bongino podcast. If events happened as Bongino outlines, they way the Deep State set up Flynn is abominable (and illegal). If the truth is in the memo today, Mueller is up Sh!t Creek and he knows it. Best that he postpone sentencing. Flynn, a loyal Trump supporter, needs to be completely vindicated.