Posted on 05/12/2020 6:29:57 PM PDT by ransomnote
“...Greta on a follow up panel for modifying small block V-8s...”
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HOW DARE YOU!!!!!
Had a 78 Honda Hawk 400 (really 395cc) with a larger gas tank. Let it sit for years and pretty much varnished the fuel system. It was on the edge of being a basket case anyway.
Gave it away to make room for a Harley, which my better angel kiboshed with a lethal wife eye-roll.
I still have a license to ride with no ride...
OPEN MEMORANDUM
To: Barack Hussein Obama
From: Sidney Powell
www.SidneyPowell.com
Date: May 12, 2020
Re: Your Failure to Find Precedent for Flynn Dismissal
Regarding the decision of the Department of Justice to dismiss with prejudice the information filed against General Flynn and the concern you expressed in your phone call with alumni: that there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. Thats the kind of stuff where you begin to get worried that basic not just institutional norms but our basic understanding of rule of law is at risk.
Apparently, you need more help than you realize as your statement is entirely false. However it does explain the damage to the Rule of Law you allowed throughout your administration.
First, General Flynn was not charged with perjurywhich requires a material false statement made under oath with intent to deceive.1 A perjury prosecution would have been appropriate and the Rule of Law applied if the Justice Department prosecuted your former FBI Deputy Director Andrew McCabe for his multiple lies under oath in a leak investigation.
McCabe lied repeatedly under oath in fully recorded and transcribed interviews with the Inspector General for the DOJ. He was fully informed of the purpose of the interview and he had had the benefit of counsel. He knew he was in trouble. McCabe even lied about lyingand to his own agents which took their investigation on a wild-goose-chase because McCabe was himself the source of the leak they were investigating. Attorney General Barr declined to prosecute McCabe for these offenses.
Under the Rule of Law, after declining McCabes perjury prosecution, there are no circumstances pursuant to which DOJ could continue to prosecute General Flynn who was not warned, not under oath, had no counsel, and whose statements were not only not recorded, but falsified by the agents.
Second, it would seem your wingman Eric Holder is missing a step these days at Covington & Burling LLP. Indelibly marked in his memory (and one might think, yours) should be his Motion to Dismiss the multi-count jury verdict of guilty and the entire case against former United States Senator Ted Stevens. Within weeks of Mr. Holder becoming Attorney General, he had to move to dismiss the Stevens prosecution in the interest of justice for the same reasons the Justice Department did against General Flynnegregious government misconduct by prosecutors who hid evidence and made up purported crimes.
As horrifying as the facts of the Stevens case were, they pale in comparison to the targeted setup, framing, and prosecution of a newly elected Presidents National Security Advisor and the shocking facts that surround it. This case was an assault on the heart of liberty our cherished system of self-government and the right of citizens to choose their President.
Third, the inability of anybody in your alumni association to find anybody who has been charged [with anything] just getting off scot-free would be laughable were it not so pathetic.
Many of your alum are featured prominently in the non-fiction legal thriller published in 2014: Licensed to Lie: Exposing Corruption in the Department of Justice. A national best-seller, it focusses on the egregious misconduct of your longest serving White House Counsel, Kathryn Ruemmler; your counter-terrorism advisor Lisa Monaco; Loretta Lynchs DAG for the Criminal Division Leslie Caldwell; and Mueller protégé Andrew Weissmann. While they worked as federal prosecutors on the Enron Task Forceunder the purported supervision of Christopher Wray, they destroyed Arthur Andersen LLP and its 85,000 jobs; sent four Merrill Lynch executives to prison on an indictment that criminalized an innocent business transaction and hid the evidence that showed they were innocent for six years. Both cases were reversed on appeal for their over-criminalization and misconduct. Indeed, Andersen was reversed by a unanimous Supreme Court.
Fourth, even if your many alumni dont remember multiple reversals and cases that had to be reversed or dismissed for their own misconduct, were guessing Judge Emmet Sullivan will remember tossing the Stevens case. Judge Sullivan is the judicial hero of Licensed to Lie. It is that case and the resulting 500-page report of Henry Schuelke that caused Judge Sullivan to enter the strong Brady order the Mueller prosecutors violated repeatedly in the Flynn prosecution.
Fifth, your alumni Weissmann and Ruemmler are no strangers to guilty pleas being tossed. At least two guilty pleas they coerced by threats against defendants in Houston had to be thrown outagain for reasons like those here. The defendants got off scot- free becauselike General Flynnyour alumni had concocted the charges and terrorized them into pleading guilty to offenses that were not crimes. Andersen partner David Duncan even testified for the government against Andersen in its trial, but his plea had to be vacated. Enron Broadband defendant Christopher Calger had his plea thrown out also.
Sixth, should further edification be necessary, see Why Innocent People Plead Guilty, written by federal Judge Jed Rakoff (a Clinton appointment) in 2014. Innocent people are forced to plead guilty by abusive prosecutors with painful frequency. The Mueller special counsel operation led by Andrew Weissmann and Weissmann wannabes specialize in prosecutorial terrorist tactics repulsive to everything justice is supposed to mean and designed to intimidate their targets into pleading guilty and punishing them with the process and financial ruin.
Most important, in truth, General Flynn was honest with the FBI agents. They knew he wasand briefed that to McCabe and others three different times. At McCabes directions, Agent Strzok and McCabes Special Counsel Lisa Page, altered the 302 to create statements Weissmann, Mueller, Van Grack, and Zainab Ahmad could assert were false. Only the FBI agents liedand falsified documents. The crimes are theirs alone.
Seventh, the federal circuit in which you reside threw out a Section 1001 case for a legal failure much less egregious than those in General Flynns case. United States v. Safavian, 528 F.3d 957 (D.C. Cir. 2008). Safavian sought advice from his agencys ethics board and didnt give them all the relevant info. The jury convicted him on the theory it was a 1001 violation to conceal the info from the government ethics board. The court disagreed: As Safavian argues and as the government agrees, there must be a legal duty to disclose in order for there to be a concealment offense in violation of § 1001(a)(1), yet the government failed to identify a legal disclosure duty except by reference to vague standards of conduct for government employees. General Flynn did not even know he was the subject of an investigationand in truth, he was not. The only crimes here were by your alumni in the FBI, White House, intelligence community, and DOJ.
These examples are obvious and well-known. Perhaps you will soon find some remarkably good jailhouse lawyers to consult for further assistance on your search for precedent.
Finally, your leaked comments on the call with your alumni further evinces your extraordinary obsession with destroying a distinguished veteran of the United States Army who has defended this country from all enemies, foreign and domestic, with the highest honor for thirty-three years.
1 As a constitutional lawyer, surely you recall that perjury (or false statements) also require intent to deceive. In Bronston v. United States, 409 U.S. 352 (1973), the Supreme Court reversed a conviction of perjury. In Bronston, the defendants answer was a truthful statement, but not directly responsive to the question and ultimately misled federal authorities. The Court determined: A jury should not be permitted to engage in conjecture whether an unresponsive answer, true and complete on its face, was intended to mislead or divert the examiner; the state of mind of the witness is relevant only to the extent that it bears on whether he does not believe [his answer] to be true. To hold otherwise would be to inject a new and confusing element into the adversary testimonial system we know. Id. at 359. The FBI agents who interviewed General Flynn specifically noted that his answers were true or he believed his answers to be true. Furthermore, General Flynn knew and remarked they had transcripts of his conversations.
I have not been to Drudge in over five years. A fun site back in the 90’s.
Is this for some sort of competition for the most demented Motley Crew?
Re: “HOW DARE YOU!!!!!”
Just a guess about what her input to the Commie Not News Townhall will be
I can’t wait for him to start foaming at the mouth and weeping on t.v.
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I vote for Schiff-4-brains to display on prime time TV his head swiveling on his pencil neck 360* & bleeding black blood out all pores with a crazed demonic look in his bug-eyes.
Mark
Had to bail on Rush today, he was difficult to listen to. Kept saying we don’t go after ex-presidents, etc. NO EX-PRESIDENT HAS EVER DONE WHAT OVOMIT DID. Not even close.
So frustrating..
THE ONLY thing big enough to force the Judge in this direction, IMHO, is that foreign/overseas entities are entangled with the attempted coup. And that ANYTHING will be done to attempt to stifle.
It may also imply that FORMER members of the DOJ that have been “invited” to weigh in, are also involved. Think 911 etc...Murrah bombing....
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Q may be implying that FISAs were opened against Page, Flynn, PopaD and Manafort, SIGNED BY LYNCH, and BASED ON Veselnitskaya, who was ALLOWED BY LYNCH TO ENTER the USA.
Hence, FISAs FRAUDULENT and LYNCH KNEW IT.
Of course the FAKE NEWS is that Flynn was not even subject to a FISA, but was "Inadvertently" monitored when talking to the Russian Ambassador.
TXnMA
Oh that TOTALLY went over my head, I missed that like the people walking RR tracks with headphones on miss trains!
To: Barack Hussein Obama
From: Sidney Powell
I just may have to marry Sidney. That was the best legalese ass-whoopin' I've seen in my entire life.
Ya think Twinkletoes Hussein will read it? There's a lot of big words in there.
#SeriousSidneyCrush
Why is "Melinda" Gates wearing women's clothing?
In a fight between Melinda Gates and Linda Graham, my money's on Melinda.
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