Michael Flynn Prosecution Turned on Logan Act Hoax

The FBI and the DoJ have very reluctantly revealed more and more information about how the Obama administration conspired to subvert democratic elections. Recent bombshell documents prove that President Barack Obama was directly involved in the conspiracy against Donald Trump. Acting Attorney General Sally Yates was surprised to learn directly from Obama in the Oval Office about the anti-Trump efforts. Obama knew more about the conspiracy than Yates did.

This week, the Uniform Services League filed a Friend of the Court brief in support of Lt. General Michael Flynn opposing his further prosecution. Philadelphia criminal defense attorney Todd Mosser authored the brief. I filed it as local counsel admitted in that Court. Todd Mosser’s excellent brief presents the law and also points out how the newly disclosed information means that Flynn is actually innocent, not just that bad behavior by the FBI taints prosecution. Mosser explains how Flynn cannot be prosecuted for perjury or contempt.

But we discovered a lot more information than could fit reasonably in the brief. So here are some outtakes that have broader implications and concerns about our politics.

The brief explains quickly how the public narrative is proven false by the recent revelations. Why did Judge Emmet Sullivan call Flynn a traitor? Because Robert Mueller’s Office of Special Counsel lawyers spun the false tale that Russia did a special favor for Flynn, suggesting that there was collusion. The favor? Obama imposed sanctions on Russia for supposedly meddling in the 2016 elections. (Of course, I was in Russia in 1996 when Bill Clinton was meddling in the Russian presidential elections, but never mind.)

Unexpectedly Russia did not retaliate for the sanctions. Mueller’s attorneys lied in court and nationwide through the media that Russia did Flynn a favor, implying that there was some quid pro quo and that Flynn had promised Russia that the sanctions would be reduced or canceled once Trump took office. But the slow-rolled reveal of documents prove that to have been another Mueller lie.

The actual transcripts of the phone calls declassified on May 29, 2020, show that Flynn never asked for anything from the Russian ambassador, but only suggested that Russia consider the future ability of the countries to work together on common threats in the Middle East. When Sergey Kislyak called back -- contrary to the Mueller lies -- he did not say that Russia had granted Flynn a favor or request. Kislyak said that Russia had considered the ideas the two had discussed that the countries would need to be able to keep working on common interests such as terrorism in the Middle East.

Flynn never talked about the sanctions, but only Russia’s expected retaliation. Flynn accepted in these conversations that the Obama sanctions would happen and that Russia would retaliate. Flynn only mentioned that the countries face common threats and an out-of-control spiral of retaliations could hinder future cooperation. Nothing in this remotely implies that the sanctions would not stay in place.

On January 24, 2017, FBI agents pretending to just be colleagues who wanted to be updated on developments with Russia, including saying they did not understand why Russia did not retaliate, had a casual meeting with Flynn. Flynn said that he only vaguely remembered the conversations.

However, two day later the coup plotters, including Sally Yates, sought to fabricate a reason to sideline Flynn under the Logan Act, 18 U.S.C. § 953. To White House Counsel Don McGahn, Yates and relevant leaders of the FBI passionately argued that the Logan Act criminalizes any difference in policy between outgoing and incoming administrations. See Exhibit 4 to the Government’s Motion to Dismiss the Criminal Information Against the Defendant Michael T. Flynn, Interview by the Office of Special Counsel of Sally Yates, August 15, 2017, pages 8-9. In Yates’ interview with Mueller’s team, she portrays threatening the White House with very serious allegations that Flynn violated the Logan Act.

Flynn and the Russian Ambassador both seem to understand what Obama had done in the transcript.

The Obama administration was effectively “boxing in” the Trump administration when it came to Russia. The narrative had been created that Hillary lost because Russia interfered. Obama took action against the other nuclear superpower to cover for his party’s loss, plant the seeds to undermine his successor to protect his “legacy”, get rid of the man most likely to learn about #spygate (Flynn), changed the rules to facilitate massive leaks against Trump, and planted the seeds for a special counsel and a soft coup.

P.S. - where is the proof that Russia interfered? Everyone, including the GOPe, repeats this constantly, but even Nunes has never stated with clarity what they did.

The ICA (intel community assessment) created by Brennan and Clapper is going to be shown to be a lie. Their ICA said Russia preferred Trump. There is now emerging evidence that this was false and Brennan deliberately ignored contradictory data in his “corpus of intelligence.”

The entire thing was a lie from start to finish, yet Susan Rice just suggested that our civil unrest was the result of Russia! Nobody batted an eye on MSDNC. Imagine that.

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