U.S. prosecutors, Flynn ask to suspend sentencing pending watchdog report on Russia probe (trunc)

washingtonpost.com ^ | November 27, 2019 | Spencer S. Hsu

[John W]

U.S. prosecutors and defense attorneys for Michael T. Flynn asked a federal judge Tuesday to postpone Flynn’s long-delayed sentencing until after the Justice Department’s internal watchdog issues a report in coming weeks on the handling of the FBI’s investigation into possible coordination between Russia and the Trump campaign in 2016.

Sentencing for President Trump’s former national security adviser is set for Dec. 18, and federal prosecutors were scheduled to notify the court Monday whether they would reverse their recommendation of probation and instead ask for prison time for the retired three-star Army general.

However, in a terse, two-page filing, both sides said Tuesday evening that they expect the forthcoming report by Inspector General Michael Horowitz, due Dec. 9, “will examine several topics related” to a Flynn defense’s request to find prosecutors in contempt for alleged misconduct.

[BillyCuccio]

Durham is from Connecticut I believe . I live in New Hampshire and it’s sad that we are now a libtard state but I’m positive that Durham doesn’t reside here

[gogeo]

Like Trump cant micromanage every mid-level employee, Barr cant micromanage every case, and shouldn’t get caught up in that.

This isn't every case, is it?

[BeauBo]

“Should Judge Sullivan fail to grant the defense what it asks for, not only will Flynn’s reputation remain in shatters, the rule of law will be over.”

FYI, Judge Sullivan has since granted the Defense motion to wait until after the IG report is published. The next hearing is delayed until the Court calls for it.

“Judge Puts Flynn Sentencing On Hold After Request That It Wait For IG Report”

https://talkingpointsmemo.com/news/flynn-doj-ig-russia-probe-report-sentencing

[Cboldt]

FISA warrants are so rarely used in criminal prosecutions that saying "never" is a reasonable approximation. Thousands of warrants a year, fewer than one a year appear in a criminal proceeding.

FISA is "make work" to give the utterly false impression that the government practices restraint in snooping.

I know of ZERO cases where the government lost a prosecution for an illegal wiretap. Closest ever was al-Haramain Islamic Foundation.

The only "real" penalty for illegal wiretapping is the evidence can't be used in a criminal prosecution.

FISA is itself a way around the 4th amendment. Get a warrant, get a legal defense. See 50 USC 1809(b).

Nobody in the FBI is going to be charged for snooping. Charge FBI for using FISA for criminal snooping, and all of FISA gets thrown out because FISA is an unconstitutional encumbrance on warrantless spy vs. spy snooping.

[John S Mosby]

Sidney Powell in the comments section on the applicable Conservative Treehouse posting on this, explains in detail what is going on.

Fact is, they prosecutors do not know what is in the report, and their failure to produce demanded so called “Brady” items, and the “mislabeling” of the changed 302s... would render the prosecution’s “case” as.... well, over with, and thus the judge will dismiss. Flynn should seek damages, imho— a lot of damages.

Will have to re-read the Treehouse posting on this, which was on Nov. 26th. Pasting in Powell’s own comments on the Treehouse posting:

“Sidney Powell says:
November 26, 2019 at 8:30 pm

A bit of a correction: The motion only requests to suspend the deadlines for the parties. It does not request any delay in Judge Sullivan’s decision on our motion, but it might lead to that. Thank you all for your support for General Flynn!!...............................

Then:

“Sidney Powell says:
November 26, 2019 at 9:10 pm

Re: the IG report, if it is anything like the others, the conclusions will be absurd and useless but it will be chocked full of helpful facts. Watch the content–not the conclusions. If the best for the plotters is what has leaked out so far, they are in deep trouble. Dan Bongino did a great show yesterday explaining how worthless the NYT piece is. Clinesmith is no low-level guy. He was on Mueller’s squad too, and his paramour is in it up to her eyeballs. Their failure to vet Steele alone should invalidate all FISA applications.”

---

Two very helpful comments. Will watch as Nadler tries to find his.. (footing?) and anything else below his chest high pants belt.

Also— any redactions in the IG report,could be “made clearer” by eliminating the redactions (with concurrence of Barr that the same redacted ones, wouldn’t have their indictments interfered with by so doing).

[John S Mosby]

Sorry for leaving this off in my prior reply....

Here is the Treehouse posting link w/ Powell’s comments I quoted on my prior reply. Her en clear comments are on 2nd or third page of some 414 comments following the post/synopsis:

https://theconservativetreehouse.com/2019/11/26/interesting-development-doj-requests-delay-in-flynn-case-until-after-publication-of-ig-report/

[ding_dong_daddy_from_dumas]

FISA is an unconstitutional encumbrance on warrantless spy vs. spy snooping.

But Obama and gang used it for spying on political opponents who are citizens, rather than spies.

[Magnum44]

I answered this in #18

[Cboldt]

-- But Obama and gang used it for spying on political opponents who are citizens, rather than spies. --

It's possible for a political opponent to also be an agent of a foreign country.

There are many things about FISA that people generally don't understand. The entire FISA structure is a sham to fool the public into the false belief that the government practices restraint in snooping. It's an expensive sham, making work for hundreds of bureaucrats, judges, clerks and secretaries.

The selling point purpose was to have warrants for what is usually warrantless (and constitutional) snooping for foreign intelligence, just in case the information gained was to be used in a criminal case. That possibility rarely occurs. FISA stays almost entirely in the dark, and does not show its work in criminal cases.

I am of the firm belief that the FISA warrant for Carter Page was not to enable snooping. The snooping was previously underway. The reason to get a FISA warrant was to give the FBI a legal defense for what would otherwise be a felony. That's the REAL purpose of FISA, to get bad actors off the hook when they commit felonious snooping.

Rarely is the wanton and rampant snooping without a warrant caught.

[ding_dong_daddy_from_dumas]

The reason to get a FISA warrant was to give the FBI a legal defense for what would otherwise be a felony. That's the REAL purpose of FISA, to get bad actors off the hook when they commit felonious snooping.

That is very believable. I was commenting on your statement

FISA is an unconstitutional encumbrance on warrantless spy vs. spy snooping.

Wasn't it supposed to be for "spy vs. spy?" The fact that it is possible for a political opponent to be an agent of a foreign county does not, in my opinion, make it applicable to all spying that the government might do.

[Chaguito]

History is written by the winners. If no one goes to jail for these abuses, the history books will only note the 38 convictions of Trump coworkers, none of which has anything to do with the original allegations. Stinks.

[Cboldt]

-- The fact that it is possible for a political opponent to be an agent of a foreign county does not, in my opinion, make it applicable to all spying that the government might do. --

True that. One thing you can count on, the government will lie about what it did and why it did it.

[Homer_J_Simpson]

Have you read "The Plot Against the President" by Lee Smith? If Horowitz has followed the same leads as exposed in that book, or at least checked into its description of what happened, a bunch of FBI/DOJ folks should fry. Comey, McCabe, Strzok, Yates as a bare minimum.

I'm reading The Plot now. Came upon the following today (pg 165).

"Because Nunes had uncovered the [anti-Trump] operation, he had to be crushed. 'Finding the unmasking was really deadly to them' he says. 'And it should be, and they should all be investigated, and people should be thrown in jail for it. People should be in jail for a long time for what they did to Flynn and others.'"

This is Nunes speaking after his role was largely over and the IG and Barr/Durham teams had taken up their work. The investigations of the plotters is well under way and people will go to jail. I am confident of it. I would add Brennan to your "minimum" list

[ding_dong_daddy_from_dumas]

One thing you can count on, the government will lie about what it did and why it did it.

Call me impatient, but I wish I had a better feeling about the probability of punishment for the past and ongoing deep state misbehavior. Or even a sincere effort in that direction. One problem is that Trump needs the RINO votes in the senate, and another is that it's hard to fix so many decades of skullduggery in a single presidency.

[Trump_vs_Evil_Witch]

Don’t expect anything but the DOJ using the Horowitz report to demonstrate its’ broad based professional talents as the Department for the Obstruction of Justice......nothing more integrous than that.

[Trump_vs_Evil_Witch]

We already know it will be a complete whitewash of DOJ criminality......look at the minimization in the leaks so far.......just a low-level FBI Attorney committed a felony ........ expect a A TOTAL PACK OF LIES

[Trump_vs_Evil_Witch]

Trump ought to pardon Flynn and RE-HIRE him as National Security Advisor.

[MHGinTN]

An FBI lawyer changing the contents of Flynn’s 302 is enough to declare a mistrial for prosecutorial malfeasance in using tainted/poison evidence.

[Trump_vs_Evil_Witch]

Flynn had no reason to suspect he was under surveillance as he never was doing anything unethical or required secrecy......

What we are all observing is that elements of our own federal government are every bit as EVIL as elements of any other government we designate as a COMMUNIST ENEMY threat.

[The Mayor]

Bingo!