Posted on 09/10/2019 10:28:10 AM PDT by Jack Black
Former national security adviser Michael Flynn’s legal team indicated in federal court Tuesday they are seeking to have the case against him thrown out, accusing the prosecution of "egregious conduct and suppression” of possibly exculpatory evidence.
In a status conference in federal court in Washington, Flynn's lead defense attorney, Sidney Powell, said: "There never would have been a plea to begin with if the government had disclosed Brady information about what it knew before the plea agreement."
FLYNN LAWYER AT WAR WITH MUELLER TEAM
The "Brady material" complaint is in reference to the Supreme Court case Brady v. Maryland, which established the government's obligation to turn over all exculpatory evidence. The accusation came as both sides have squabbled over a sentencing date.
After months of delays, prosecutors have said they are ready to proceed to sentencing. On Tuesday, U.S. District Judge Emmet Sullivan indicated he would like to set a tentative sentencing date of Dec. 18.
"There is far more at stake here than sentencing," Powell said. "There were stunning failures to produce Brady material, going back to July of 2017."
(Excerpt) Read more at foxnews.com ...
One of the reasons why the Flynn legal situation is so interesting is not really because of Flynn himself;
but rather because the Flynn situation is a likely example of then-Pres Obama’s surveillance network in operation.
QUOTING TOM FITTON, JUDICIAL WATCH PRESIDENT:
Obama’s State Dept was all hands on deck in terms of targeting Trump (as the candidate then as president).
<><> meetings with Glen Simpson, Steele, Clinton aides, Sid Blumenthal and Clinton associate, Cody Shearer.
<><> There was more than one dossier going to the FBI and DOJ.....
<><> there was Christopher Steele’s dossier,
<><> and a second dossier created by the State Dept itself, targeting Trump.
<><> shows Jonathan Winer and Glen Simpson were in contact Sept 2016
<><> Winer immediately contacted Victoria Nuland, a top aide at the Obama State Dept.
<><> Post-election, they worked hand in glove with top Dem Steny Hoyer’s guy on Russian issues.
<><> (which means if Steny knew, Pelosi knew and if Pelosi knew, Schmanure knew),
<><> They conveyed info gained from Steele, a close to associate of Jonathan Winer.
(Excerpt) Read more at foxnews.com .......
“Judge proposes Dec. 18 for Michael Flynn sentencing”
https://www.politico.com/story/2019/09/10/michael-flynn-sentencing-date-1488013
It just happened. Greg Craig, just got off for doing the same thing that they convicted Manafort for and what the Podesta’s were allowed to get away with.
One of the jurors....One juror remarked after the verdict: “What infuriates me, is that the special counsel wasted so much time on an issue like this one, while the republic itself is under assault.”...........I wonder if they asked him to explain what he meant by “the republic itself is under assault.
If anyone thinks, short of holding the bloody knife or smoking gun, that a Democrat is going to be convicted of anything in DC, when all the lawyers are Leftists and the jury pool is made up of rich, white, liberals that live in Georgetown, you’re dreaming.
The president got 4% of the vote in the District of Columbia. Clinton got 90%. That’s the way D.C. juries are composed.
Oh goody, Judge drops the case and Boris leaves the EU, a Trumpfecta, on the same day. One can hope, not tired of winning....
Flynn goes POOR while those you mention get Rich! Aint that rich?
Nifong was disbarred.
Yes, he was. Thank you for adding what his punishment included.
I had blinders on, and was narrowly focused on the notion of "being prosecuted for a crime." Being disbarred didn't enter my "blinders on" remark because disbarment is not a crime. The closest he got to "crime" was a judge imposed criminal contempt, which isn't a crime the same way breaking a law is a crime.
I have to wonder if Sidney Powell and her team are working Pro Bono? Could there be a book deal in her future?
Everyone is missing the most important point: Flynn is under a gag order until he is sentenced. ( or serves his sentence, not sure which) Whatever happened to “free speech” in this country? I, for one, want to hear his side of this story. Everything else is pure speculation.
He signed a plea agreement. Last December his judge gave him the opportunity to withdraw from the plea agreement, Flynn declined.
A pardon would make him look guilty. It’s better if he is exonerated.
“He signed a plea agreement. Last December his judge gave him the opportunity to withdraw from the plea agreement, Flynn declined.”
What does that have to do with a “gag” order? Why shouldn’t he be allowed to present his side of the story?
I believe he signed a plea agreement because he was hemorrhaging money for legal fees, and Mueller team threatened his son. You would probably sign under those conditions too.
BTW, Papadopolous accepted a plea agreement also because he was threatened with 25 years in prison under the never enforced Logan Act. There may be tapes and/or transcripts exonerating George also.
to be continued...
Exactly!
Excellent summary of what happened today in court from two who were there. I think it looks good for Flynn.
https://twitter.com/JackPosobiec/status/1171453835623026688
Well I bet he thinks he was coerced into it. So, merely withdrawing the plea agreement wouldn't really help him, in fact it would suck.
With the plea agreement withdrawn the DoJ would reinstate the charges, probably pile on a few more, and, best of all, as part of the plea agreement it always says "if you withdraw from this we can use the signed agreement against you in any subsequent prosecution".
So, if he was trying to protect his son (as many have claimed) withdrawl was a non starter.
Which is why Sidney isn't withdrawing, she is petitioning to get the cast thrown out on the grounds of prosecutorial misconduct. Thrown out, with prejudice (which would be the norm for a misconduct finding) means the charges can not be refiled.
In the Pentagon Papers case Daniel Ellsberg was charged under the Espionage Act of 1917 and other charges including theft and conspiracy, carrying a total maximum sentence of 115.
Then the judge required the FBI to disclose their break-in at his psychiatrist's headquarters and their use of illegal wiretaps against him. Just like in the Flynn case the Prosecutors knew these things, but didn't share them with the Defense.
From Wikipedia: "Due to the gross governmental misconduct and illegal evidence gathering, and the defense by Leonard Boudin and Harvard Law School professor Charles Nesson, Judge Byrne dismissed all charges against Ellsberg and Russo on May 11, 1973 after the government claimed it had lost records of wiretapping against Ellsberg. Byrne ruled: "The totality of the circumstances of this case which I have only briefly sketched offend a sense of justice. The bizarre events have incurably infected the prosecution of this case."[31]".
And then, that in turn led to the beginning of the end for Nixon, because the spying exposed in the Ellsberg prosecution had all been overseen by the White House.
So, who knows. We don't see it right now, but maybe the successful challenge by Flynn of his own guilty plea will be the start of the unravelling of The Obama D.C. Crips.
He’ll have to wait until the court’s done doing whatever it’s doing. If it’s dismissed, Flynn can sue. If it goes to sentencing, he can appeal the order denying dismissal. If he’s pardoned, that’s the end of suing, and the beginning of another fake scandal with lots of fake outrage. OBSTRUCTION! OBSTRUCTION! SQUAWK!
Do you really think that Attorney General Barr would allow HIS DOJ to pile additional charges on Flynn? I don’t.
Mueller sent a plea recommendation to the judge for little or no prison time due to the completeness of Flynn’s cooperation.
A pardon would short circuit the uncovering of this miscarriage of justice.
I am curious though, how Flynn met his new lawyer.
Someone should be disbarred....finally and go to jail...
Pardoning Flynn now would indicate actual guilt - and may also screw up an chances for later lawsuits to recoup what he has already lost in the fight....
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