I still maintain Sullivan isn’t going to throw this case out.
I tend to agree with you. It’s tough to overcome a guilty plea. But this disclosure issue is stunning.
I’m sure Sullivan has the (correct) view that DOJ should dismiss the charges and apologize for the fraud on the court.
https://mobile.twitter.com/we_have_risen/status/1257210812696944640?s=21
The Twitter link above reveals an email from a New York Times reporter named Mark Mazzetti to lawyers at Covington & Burling. Mazzetti is asking for a meeting with General Mike Flynn’s attorneys to discuss what the New York Times had just discovered, that Joe Pientka told IG Horowitz that Andrew McCabe ordered him to to alter the FD-302 report originally filed in the Flynn case.
The FD-302 that Michael Flynn was shown by the FBI when coercing him to take a guilty plea was not the original 302 and was altered to include statements neither made by Flynn nor the opinions of the investigators after the interview. The original 302 that was created by Pientka indicated they did not believe General Flynn was lying. That’s why they altered it.
The following appears to be the case.
1) Covington & Burling attorneys did not share any of this information with Flynn or the court and should face disbarment.
2) It appears this revelation from Pientka was either redacted in the Horowitz report and/or Horwitz never told anybody about it and it was found in the evidence the US Attorney assigned by Bill Barr to look at the case stumbled across.
3) The New York Times, “the paper of record”, buried the fact that a crime has been committed by McCabe by never reporting it.
4) If this is the reason that Christopher Ray fired Andrew McCabe, It means that Christopher Wray concealed the information while continuing to prosecute General Flynn for a crime he didn’t commit.
One of the implications is, of course, that they now have at least one felony on Andrew McCabe and, hopefully, he will start singing like a bird when presented with the fact he’s going to jail without his cooperation on the whole sordid mess. After all, didn’t Andrew McCabe famously state (to paraphrase) that if he “was going down, everybody else was going down with him”?
And what about Wray? If he was aware of this fact and did not advise the court as well as Flynn’s lawyers, is he also not criminally liable for obstruction of justice as well as liable for civil penalties if pursued?
I still maintain Sullivan isn’t going to throw this case out.
No, I think he’ll punt the hot potato back to DOJ. Most importantly, he won’t sanction the perps. Barr will pull plug on the prosecution amongst much hysteria from Dems and Fake News.
Agree!