Posted on 05/13/2020 4:20:00 AM PDT by EyesOfTX
Several things coming together yesterday and this morning related to Spygate and the Mike Flynn case, which are parts of the same overarching Obamagate scandal:
First, you have the federal judge in the Flynn case – Emmet Sullivan – still refusing to dismiss the case even though the Department of Justice last week made the decision to withdraw all charges and notify him that it would not prosecute the case going forward. Sullivan took the extraordinary step on Tuesday to not only request more briefings from both the defense and the prosecution, but also made it clear that he plans to accept Amicus briefs (aka, friend of the court briefs) from third parties.
VDO.AI
Sullivan cites Washington, DC’s “Civil Rule 7(o) as if it somehow requires him to take this step, since he has obviously already received at least one such brief, and even cites the utterly corrupt judge Amy Berman Jackson as justification for doing so.
Yet, in a different citation earlier in his Minute Order, Sullivan also includes this: “An amicus brief should normally be allowed when a party is not represented competently or is not represented at all, when the amicus has an interest in some other case that may be affected by the decision in the present case… or when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide. Otherwise, leave to file an amicus curiae should be denied.”
In other words, there is nothing compelling Sullivan to take this extraordinary step that will extend the government’s heinous abuse of General Flynn – it’s entirely up to his own discretion. He’s doing this because he wants to do it, for reasons that are not yet clear, but that are easy to guess. Flynn attorney Sidney Powell pointed out yesterday that Sullivan has in the past repeatedly denied third parties the ability to file such briefs favorable to General Flynn.
Sullivan’s a snake, plain and simple.
Second, DOJ Spokesperson Kerri Kupec appeared on Fox News with Martha MacAllum last night, and had several important and revealing things to say during her segment:
stealth bubba @StealthBubba Really good stuff here:
DOJ Spox Kerri Kupec: ODNI Owns The Unmasking Names, They Can Release At... https://youtu.be/FxiYWrZOz8o via @YouTube
YouTube @YouTube
5:23 AM - May 13, 2020 Twitter Ads info and privacy See stealth bubba's other Tweets Summary:
The first key point is her reiteration of DOJ’s position that “this case should have never been brought.”
“What distinguishes the FBI as a premier law enforcement agency from, say, vs. the secret police, is that they can’t just go around asking American citizens questions just for the sake of asking those questions. There needs to be a specific basis, an articulable basis for asking that question.”
On the unmasking documents that we talked about yesterday, she specifically ties that information to John Durham’s investigation, as we assumed would be the case: “Last week, ODNI provided information related to unmasking, and it’s that list that you’re referencing right now. And as it’s relevant to investigations, John Durham’s investigation specifically, I am sure he will take a look at that. And just to be clear about that, John Durham, in his review of what happened in 2016 and 2017, he’s already looking at this issue of unmasking under his broader review. I can tell you that his team is working diligently to get to the bottom of what happened, because Martha, what happened to candidate Trump and then President Trump was one of the greatest political injustices in American history and should never happen again.”
Here is what we said in yesterday’s piece about those documents:
Of course, as a DOJ spokesperson later clarified, DOJ has no intention of releasing these documents because they are ODNI documents, and the decision about whether or not to make them public rests with Ric Grenell, the Acting Director of National Intelligence.
It was Grenell, if you remember, who famously hand-delivered copies of these documents and perhaps others last Thursday to Attorney General William Barr. Corrupt media outlets like ABC have been assuming Grenell did that because he wanted Barr’s permission to make them public. As a matter of actual reality, though, Grenell delivered them to Barr because those documents are likely to be very useful evidence in the investigation being mounted by U.S. Attorney John Durham.
Kupec then repeatedly clarifies (because MacAllum is either incredibly dense or was pretending to be so) the fact we pointed out yesterday: That these documents are ODNI documents – meaning they source from the U.S. Intelligence Community, not the FBI or the DOJ.
Think about the implications of that key fact, and what they mean to Obama-era DNI James Clapper and CIA Director John Brennan.
Finally, Fox News is breathlessly reporting this morning that Acting DNI Ric Grenell is preparing to release at least some of those documents and name the names of the high Obama officials who were engaged in the thousands of illegal unmaskings of U.S. citizens today or tomorrow.
So, what to make of Kupec’s comments?
First, it’s key to remember that she is a spokesperson, and everything she says in public has been painstakingly vetted up through the entire chain of command at the U.S. Department of Justice, all the way to Barr himself. When Kupec speaks in public, she speaks for the Attorney General and the entire DOJ. She’s not just talking off the top of her head.
Given that, it is extraordinarily significant that she compares what the FBI did to General Flynn to the actions of the “secret police,” a term that most Americans would tie to the Nazi Gestapo or the Soviet KGB. Remember that that analogy is now informed by the findings of Durham’s investigation, which has likely been ongoing since late 2018.
The same is true of Kupec’s out-and-out, unqualified declarative statement that “what happened to candidate Trump and then President Trump was one of the greatest political injustices in American history.”
Then there is the news that Durham has already been looking at the unmasking issue, which one would have naturally assumed since that operation was both a by-product of and an informative element to the Obama Coup Cabal’s illegal domestic spying operation. This is new information that Barr has not been specific about in his numerous interviews on the Durham investigation.
That new information, and the other key points laid out by Kupec in this 6 minute clip indicate that, when you see the names of the unmaskers revealed by Grenell and the DNI documents, it is almost a certainty that those are the names of key targets of the Durham investigation.
It is highly likely that Grenell personally took those documents over to Barr last Thursday evening in order to review them together and to get Barr’s agreement that Durham’s investigation is now at a point that making them public would serve to set the stage for further public action by Durham.
The final key point to remember in all of this is that John Durham is a prosecutor, not a report-writer. The public actions taken by federal prosecutors are: Perp-walks, bookings, indictments and trials.
Of course, it remains possible that Durham is really not doing anything – if you see news that he is working on a report, you will know that is the case – and it’s all just for show.
But boy, over the last 7 days, it’s been one hell of a show.
That is all.
Me neither. Hillary should be in the third year of her jail term about now. How did that work out?
Especially as the Covington lawyers apparently did not find, or even ask, for all the Brady material which is now coming out.
I will be interested in your views as this proceeds.
Returning to the original point, Barr needed to get Powell out of the way before Durham could proceed. Barr could not afford to have Powell mishandle the case any further.
Correct. The Democrat prosecutors Durham hired certainly want Powell off the case because it was her discovery claims that pushed Barr to act.
Durham has been in business a year and has issued exactly one indictment: for threatening Adam Schiff. Cheerlead that if you wish. I won’t be.
Nothing positive in this case happened until Powell appeared on this scene. There are a few conservative folks that really hate Flynn and wish him jailed. Why I have no idea. Sad, really.
Yea....its really sickening, there are 2 forms of justice in this world unfortunately, one for the elites and another for everyone else.
Act WHEN? Are we to believe that the plan is to act BEFORE November?
Saw something like this employed in a Perry Mason script. That’s where the similarity stops. It was during an evidentiary hearing and involved an intersection between two different criminal cases.
Judge Sullivan seems to have difficulty understanding the combined arguments of prosecution and defense that a gross miscarriage of justice can only be resolved through dismissal.
Oh he did plenty. He disembowled the U S. Constitution. This POS needs some poetic justice inflicted on his sorry @$$.
The investigation will lead to nothing meaningful. That much has been obvious for a very long time.
Nothing will happen unless Trump wins in November...
The Judge is playing politician. All of his DC buddies and lawyers are telling him that the DOJ dropping the case is because of political pressure. Even though the EVIDENCE is OVERWHELMING that Flynn was: spied upon illegally, denied Brady material for years, had politically conflicted legal advice, was set up by the FBI leadership, had materials altered illegally by the FBI, and NEVER COMMITTED A CRIME.
Amicus Briefs are not going to address the fact that this mans Civil Rights were completely and utterly violated, and he never actually committed any crime. Allowing Flynn at this point to be punished for nothing is a FINANCIAL LIABILITY to the Federal Government (my money).
This Judge should be held FINANCIALLY responsible INDIVIDUALLY, if he goes ahead with a trail or prosecution of a man whose rights were clearly violated and committed no mentionable crime. This should BE TOTALLY ON HIM, to pay the fines of the civil suits which are going to clearly follow.
He can get all the ‘Amicus’ briefs as long as he accepts the responsibility financially for prosecution of person whose rights have been violated by the government and the courts.
Unsupported in this particular post, covered numerous times previously.
Here are a few:
1) Powell cited the Steven’s case as the principal support for her initial arguments. Steven’s was 100% irrelevant to her argument (except for stating the grand principle).
2) Powell’s arguments were political, not legal. She did not engage in the sort of Brady analysis you find in Sullivan’s decision.
3) Powell in effect ignored the significance of the guilty pleas, which are the central legal fact of the case, regardless of whose side you are on.
4) Powell completely omitted the question of ineffective assistance of counsel when she first started out, even though that question was a central element, a prerequisite, of the legal argument she had to make.
5) Powell did NOT want to move to vacate the guilty pleas. She stated so many times. And there was good reason for not doing so. But she publicly trashed the government many times, a needlessly antagonistic and completely stupid thing for a lawyer to do, regardless of whether the trashing was deserved. When she did that, I predicted that she would pay a price, and sure enough, the government decided to abandon their position regarding sentencing, which had been favorable to Flynn.
6) As a result of the government’s change of position on sentencing, Powell was legally REQUIRED to make a motion to withdraw the plea, something she did NOT want to do. So, she blundered her way into it.
7) As a result of making the legally required motion to withdraw the plea Powell did NOT want to make, Flynn submitted a declaration where he arguably (almost certainly) confessed to committing perjury. IOW Powell was responsible for Flynn probably committing serious crimes.
8) In addition to which, Flynn’s statement, when analyzed on a detail by detail basis, makes him look like a confused, frightened little lamb. Powell did that.
9) Similarly, Powell blundered her way into makinh hearing necessary, where Flynn would be put in further peril because for various reasons, and where Covington would likely crush Powell’s argument regarding ineffective assistance. Barr got Powell out of that jam, maybe, although Sullivan could still hold hearings.
10) BTW, Powell persistently invited the trashing of Sullivan. Look at this site. Again, this is just a stupid thing for a lawyer to do. Personally, I think Sullivan has been very fair and patient. But maybe he deserves the trashing. Regardless, it is pure stupidity to invite people to disrespect a judge, especially when you are in front of him.
11) A lawyer is supposed to represent the best interests of her client, not the best interests of her books and public appearances. In this respect, there is zero chance she could have told Flynn he would have been better off if he adopted her legal strategy, and in fact her strategy has been ineffective. Flynn would have been better off where he was when she stepped in. Powell is very lucky Barr let her off the hook.
There is more, but these are a few off the top of my head.
Once again, they’re blowing sunshine up our collective asses. Nothing will happen.
I am cheer-leading for Durham to bring RICO indictments against the Deep State traitors, yes. What Barr did with Flynn encourages me that will happen.
Barr needed to get Powell out of the way and back to her job as talking head who sells books.
Durham was appointed exactly one year ago today. And what do we have from him? Nothing. He’s Huber 2.0 and that is all. We’ll get more document dumps and maybe a minor figure like the FIB FISA forger indicted. That is it.
Barr needed to get Powell out of the way and back to her job as talking head who sells books.
—
What happened before Powell appeared on the scene? Nothing.
It’s been a year since Durham was appointed. Don’t be duped by Huber 2.0. The Barr DOJ has no intention of criminally pursuing anybody. If they did they would have moved long ago against low hanging fruit like the FIB FISA forger. But that would validate POTUS and that is the last thing the Trump hating DOJ wants.
Anybody paying attention has known Obama was filth. Chicago is a cesspool and Obama was the turd that rose to the top. I pray he is exposed at every turn.
I will believe this when I see it !
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.