Justice Department to drop case against Michael Flynn.

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The Romulan Republic
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Justice Department to drop case against Michael Flynn.

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https://theglobeandmail.com/world/us-po ... p-adviser/#_=_
The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for Trump and his supporters in attacking the FBI’s Russia investigation.

The move is a stunning reversal for one of the signature cases brought by special counsel Robert Mueller. It comes even though prosecutors for the last three years had maintained that Flynn had lied to the FBI about his conversations with the Russian ambassador in a January 2017 interview. Flynn himself admitted as much, and became a key co-operator for Mueller as he investigated ties between Russia and the 2016 Trump campaign.

In court documents being filed Thursday, the Justice Department said it is dropping the case “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information.” The documents were obtained by The Associated Press.

The Justice Department said it had concluded that Flynn’s interview by the FBI was “untethered to, and unjustified by, the FBI’s counter-intelligence investigation into Mr. Flynn” and that the interview on January 24, 2017 was “conducted without any legitimate investigative basis.”

The U.S. attorney reviewing the Flynn case, Jeff Jensen, recommended the move to Attorney General William Barr last week and formalized the recommendation in a document this week.

“Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case,” Jensen said in a statement. “I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed.”

The decision is certain to be embraced by Trump, who has relentlessly tweeted about the case and last week pronounced Flynn “exonerated,” and energize supporters who have taken up the retired Army lieutenant-general as something of a cause celebre. But it may also add to Democratic concerns that Attorney General William Barr is excessively loyal to the president, and could be a distraction for a Justice Department that for months has sought to focus on crimes arising from the coronavirus.

The Justice Department’s action comes amid an internal review into the handling of the case and an aggressive effort by Flynn’s lawyers to challenge the basis for the prosecution. The lawyers cited newly disclosed FBI e-mails and notes last week to allege that Flynn was entrapped into lying when agents interviewed him at the White House days after Trump’s inauguration. Though none of the documents appeared to undercut the central allegation that Flynn had lied to the FBI, Trump last week pronounced him “exonerated The decision is the latest dramatic turn in a years-old case full of twists and turns. In recent months, his attorneys have levelled a series of allegations about the FBI’s actions and asked to withdraw his guilty plea. A judge has rejected most of the claims and not ruled on others, including the bid to revoke the plea.

The decision comes as Barr has increasingly challenged the Russia investigation, saying in a television interview last month that it was started “without any basis.” In February, he overruled a decision by prosecutors in the Roger Stone case in favour of a more lenient recommended sentence for the long-time Trump friend.

Earlier this year, he appointed Jensen, of St. Louis, to investigate the handling of Flynn’s case. As part of that process, the Justice Department produced to Flynn’s attorneys a series of e-mails and notes, including one handwritten note from a senior FBI official that mapped out internal deliberations about the purpose of the Flynn interview: “What’s our goal? Truth/admission or to get him to lie, so we can prosecute him or get him fired?” the official wrote.

Other documents show that the FBI had been prepared weeks before its interview of Flynn to drop its investigation into whether he was acting at the direction of Russia. Later that month, though, as the White House insisted that Flynn had never discussed sanctions with Russian ambassador Sergey Kislyak, FBI officials grew alarmed by Flynn’s conversations with the diplomat and what he had communicated to the White House. The investigation remained open, and agents went to visit him in the White House on Jan. 24, 2017.

Justice Department officials visited the White House two days later to warn officials that they feared that Flynn was compromised and vulnerable to blackmail by Russia because of his account of what was said on the call. White House officials waited several weeks to oust him from the job, saying they’d concluded that Flynn had lied to them.

Flynn pleaded guilty that December, becoming among the first of the president’s aides to admit guilt in Mueller’s investigation. He acknowledged that he lied about his conversations with Kislyak, in which he encourage Russia not to retaliate against the U.S. for sanctions imposed by the Obama administration over election interference.

He provided such extensive co-operation that prosecutors said he was entitled to a sentence of probation instead of prison.

As it turned out, that sentencing hearing was abruptly cut short after Flynn, facing a stern rebuke from U.S. District Judge Emmet Sullivan, asked to be able to continue co-operating and earn credit toward a more lenient sentence.

Flynn’s misgivings about the case were already on display when his then-attorneys pointedly noted in their sentencing memo that the FBI had not warned him that it was against the law to lie when they interviewed him at the White House in January 2017.

Since then, though, he has hired new attorneys – including Sidney Powell, a conservative commentator and outspoken critic of Mueller’s investigation – who have taken a far more confrontational stance to the government. The lawyers have accused prosecutors of withholding documents and evidence they said was favourable to the case and repeatedly noted that one of the two agents who interviewed Flynn was fired from the FBI for having sent derogatory text messages about Trump during the 2016 presidential campaign.
So another Russia/Trump lapdog walks scot-free. I'm sure that the Collusion Denier brigade will use all these dropped charges as "proof" that there was never anything there to begin with, that it was all a "witch hunt", even though HE FUCKING PLEAD GUILTY. He ADMITTED IT, and cooperated.

And yeah, they'll echo the Trumper line that he was entrapped by the big bad Deep State. And under any other government, without the same pattern of lies and cover-ups and conspiracy theories on this subject, I might say that those allegations needed to be taken seriously. But entrapment is a really hard case to make, and I am skeptical that his lawyers wouldn't have made it earlier if it was valid. My guess is that this is just a fig leaf for "He served the Fuhrer well, therefore he is innocent."

This is fucking Orwellian. They're rewriting the record so that they can say Russiagate never happened, and substitute their own reality.
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Re: Justice Department to drop case against Michael Flynn.

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It sounds like the FBI didn't dot their Is and cross their Ts which is something that people on this very forum were discussing at the time. If you want to catch a slippery bastard like Flynn you'd do well not to cut the barbs from your own hooks.
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Re: Justice Department to drop case against Michael Flynn.

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That's hard to believe of Mueller, given his reputation, and how conservative and cautious he was in the ultimate conclusions of his report. I suppose its possible that someone under him fucked up, but given this administration's track record of lying and conspiracy theorism, and the way that they seem to be systematically finding reasons to drop or undercut every bit of Mueller's case one by one, I'm deeply skeptical.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

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Re: Justice Department to drop case against Michael Flynn.

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The Justice Department said it had concluded that Flynn’s interview by the FBI was “untethered to, and unjustified by, the FBI’s counter-intelligence investigation into Mr. Flynn” and that the interview on January 24, 2017 was “conducted without any legitimate investigative basis.”

The U.S. attorney reviewing the Flynn case, Jeff Jensen, recommended the move to Attorney General William Barr last week and formalized the recommendation in a document this week.

“Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case,” Jensen said in a statement. “I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed.”
The lawyers have accused prosecutors of withholding documents and evidence they said was favourable to the case and repeatedly noted that one of the two agents who interviewed Flynn was fired from the FBI for having sent derogatory text messages about Trump during the 2016 presidential campaign.
From your own article, there are suggestions that the methods used and people employed to use them weren't completely airtight. In a high profile case if you have an underling or two blow a key procedure your perp is going to walk.
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Re: Justice Department to drop case against Michael Flynn.

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That's just a quote of what the Trump DOJ and Flynn's lawers are saying. Of course they're saying the investigation was improper and Flynn is innocent.

I'd like to hear what an independent party has to say before taking their claims at face value, given the afforementioned history of lying and conspiracy theorism from both Trump and Barr on this subject. There should be a Congressional investigation into this, although unfortunately Congress probably has bigger priorities right now.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

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Re: Justice Department to drop case against Michael Flynn.

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Jub wrote: 2020-05-07 03:40pm It sounds like the FBI didn't dot their Is and cross their Ts which is something that people on this very forum were discussing at the time. If you want to catch a slippery bastard like Flynn you'd do well not to cut the barbs from your own hooks.
Hardly, this kind of prosecution for a 1001 case flies all the time and there isn't any faults in the Government's case that would sink a comparable prosecution under the statute under normal circumstances. This is corruption of using your office to shield the guilty type.

Not to say this kind of prosecution for lying to the FBI is entirely just, it is not. But the injustice of it is only complained about when it affects those close to those in power and note their has been no cries to pass a new law or reform government practice in this area.

Ken Whyte is an excellent person to follow on this subject. As he put it, if he advanced the argument the Government is here to withdraw the charge for the defense of a person charged with this offense, he'd know going in that it would be a loss.
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Re: Justice Department to drop case against Michael Flynn.

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Coop D'etat wrote: 2020-05-07 06:25pmHardly, this kind of prosecution for a 1001 case flies all the time and there isn't any faults in the Government's case that would sink a comparable prosecution under the statute under normal circumstances. This is corruption of using your office to shield the guilty type.

Not to say this kind of prosecution for lying to the FBI is entirely just, it is not. But the injustice of it is only complained about when it affects those close to those in power and note their has been no cries to pass a new law or reform government practice in this area.

Ken Whyte is an excellent person to follow on this subject. As he put it, if he advanced the argument the Government is here to withdraw the charge for the defense of a person charged with this offense, he'd know going in that it would be a loss.
The Trump administration is different than most, you need to be perfect if you want to catch it so that it can't wriggle free.

This should have worked, normally it would have worked, but what about Trump's term has been normal?
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Re: Justice Department to drop case against Michael Flynn.

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Jub wrote: 2020-05-07 06:31pm
Coop D'etat wrote: 2020-05-07 06:25pmHardly, this kind of prosecution for a 1001 case flies all the time and there isn't any faults in the Government's case that would sink a comparable prosecution under the statute under normal circumstances. This is corruption of using your office to shield the guilty type.

Not to say this kind of prosecution for lying to the FBI is entirely just, it is not. But the injustice of it is only complained about when it affects those close to those in power and note their has been no cries to pass a new law or reform government practice in this area.

Ken Whyte is an excellent person to follow on this subject. As he put it, if he advanced the argument the Government is here to withdraw the charge for the defense of a person charged with this offense, he'd know going in that it would be a loss.
The Trump administration is different than most, you need to be perfect if you want to catch it so that it can't wriggle free.

This should have worked, normally it would have worked, but what about Trump's term has been normal?
How careful you were doesn't really matter when Barr is Attorney General. There will be an irrelevant flaw in any reasonable person's work which would be blown up into a reason to tank the thing when that's what someone like he wants do it. If you're in the system, you know what the standards are and how to meet them and that's all that can be reasonably be expected.
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Re: Justice Department to drop case against Michael Flynn.

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Coop D'etat wrote: 2020-05-07 06:34pmHow careful you were doesn't really matter when Barr is Attorney General. There will be an irrelevant flaw in any reasonable person's work which would be blown up into a reason to tank the thing when that's what someone like he wants do it. If you're in the system, you know what the standards are and how to meet them and that's all that can be reasonably be expected.
I don't disagree on that, as I feel Flynn is probably guilty as hell and should face his due.

I will also say that we'd need to see more than has been released thus far to be certain just how BS the reason he's been allowed to walk is.
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Re: Justice Department to drop case against Michael Flynn.

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We'll see what the Judge does. DOJ can't just wash their hands and wrap it up. Flynn already pleaded guilty, in written form, and in court to the Judge. This is more a DOJ motion to dismiss than them just saying it's over. The Judge can still not accept it, and/or the Judge has been waiting to sentence, as I understand it, the Judge can just pass sentence.

Sure, puts it up for appeal and even Trump having to pardon him right before the Election heats up. On top of everything else, Flynn had to admit to all his crimes in his plea deal, and in return only got charged on 2 of them. If the Government drops the case and the Judge lets it go through, that plea deal is no longer in effect and Flynn could be charged on those other counts he already admitted to being guilty on.

While this is totally Banana Republic corruption shit, it's not over yet.
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Re: Justice Department to drop case against Michael Flynn.

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That's the bright side, yeah.

In the meantime, calls have been renewed for the impeachment of William Barr, and for him to be debarred.

https://washingtonpost.com/opinions/202 ... -henchmen/
We take a moment in the midst of a pandemic, which, because of the negligence of this administration has killed more than 75,000 Americans and sent the United States into a record-setting recession, to note another assault on the rule of law by the most corrupt president and attorney general in history.

The Justice Department moved Thursday to drop charges against President Trump’s former national security adviser Michael T. Flynn, who pleaded guilty to lying to the FBI about his Russian contacts during the presidential transition.

The unraveling of Flynn’s guilty plea marked a stunning reversal by the Justice Department in its case against the retired three-star Army general, who was convicted in the course of special counsel Robert S. Mueller III’s investigation of Russian interference in the 2016 election.

The stated reason is false and irrelevant. The Justice Department claims that the investigation into the now-former national security adviser was about to be dropped until the FBI interviewed Flynn, after discussing the possibility he might lie. There is nothing untoward about this. It in no way should vitiate Flynn’s guilty plea. Former House impeachment counsel Norman Eisen tells me, “Barr’s latest perversion of [the] DOJ is shocking. Flynn has repeatedly admitted his guilt in U.S. District Court.” Eisen adds, “The four pages of FBI emails and notes revealed last week changed nothing. They did not affect his culpability or undermine [the] DOJ’s and the FBI’s work, as I explained at the time.”

Rep. Adam B. Schiff (R-Calif.), who served as the lead impeachment manager, tweeted his reaction:

Flynn pled guilty to lying to the FBI about his illicit Russian contacts.

His lies do not now become truths.

This dismissal does not exonerate him.

But it does incriminate Bill Barr.

In the worst politicization of the Justice Department in its history.

— Adam Schiff (@RepAdamSchiff) May 7, 2020
Rep. Jerrold Nadler (D-N.Y.), the chairman of the House Judiciary Committee, who also served as an impeachment manager, excoriated Barr in a written statement: “The decision to drop the charges against General Flynn is outrageous. The evidence against General Flynn is overwhelming,” Nadler stated. “He pleaded guilty to lying to investigators. And now a politicized and thoroughly corrupt Department of Justice is going to let the President’s crony simply walk away. Americans are right to be furious and worried about the continued erosion of our rule of law.” Nadler called for a new inspector general’s investigation.

This is one more instance — along with the misleading presentation of the Mueller report, reversing prosecutors’ sentencing recommendations for Trump confidant Roger Stone and refusing to investigate Trump’s extortion of Ukraine for political gain — in which Barr has acted contrary to his oath of office and to his professional obligations as a lawyer. He continues to serve President Trump’s interests (and, by extension, those of Russian President Vladimir Putin, with whom Trump bizarrely discussed the Russia investigation in a phone call last year) and not the fair administration of justice.

“What Barr has done on Trump’s behalf with respect to Flynn, who entered a fully justified guilty plea that the district court duly approved, is blatantly and purely partisan,” constitutional scholar Laurence Tribe tells me. “I know of no similarly corrupt action in the Justice Department’s entire history. This latest outrage, which closes the circle that began with Trump’s attempt to get [then-FBI Director] James Comey to go easy on Flynn and with Trump’s firing of Comey for his failure to do so, just goes to show that a president with a sufficiently unprincipled and compliant Attorney General needn’t even bother to abuse his pardon power to bail out his loyal henchmen.” Tribe further observes, “By sparing Trump the need to invoke his pardon power and at least having to be held politically accountable, Barr gave the president cover. Hopefully the voters will see through the ruse come November.”

I recommended long ago that Barr be impeached for his unprecedented assaults on the rule of law. The latest stunt confirms my fear that, left to his own devices, Barr would continue to undermine the impartial administration of justice and the integrity of the Justice Department. “Close observers already knew that Barr was willing to sell out justice from his excusing Trump’s obstruction after it was revealed by the Mueller report — but this is even more brazen,” Eisen says.

Despite the pandemic, the House Judiciary Committee should revisit impeachment. In any event, as I also raised during the Stone fiasco, it is beyond time that state bar authorities investigate the attorney general and his enablers at the Justice Department. The next administration will need conduct a thorough investigation into Barr’s conduct, fire anyone who aided and abetted Barr, set up new guidelines to prevent the politicization of justice and report the whole lot of them to the state bar associations. The damage to the rule of law is incalculable.

Joyce White Vance, a former federal prosecutor, sums it up: “This is a bad day for the rule of law. There are two kinds of justice in America now: the kind that is available for the president’s friends and the kind that’s available to the rest of us.”
https://commondreams.org/news/2020/05/0 ... fter-flynn
Fresh demands for the resignation or impeachment of U.S. Attorney General William Barr have started stacking up since the Department of Justice on Thursday dropped its case against former National Security Adviser Michael Flynn, which critics have condemned as a decision designed to politically benefit President Donald Trump.

"We are a nation of laws yet William Barr, the nation's top law enforcement official, has routinely abused the powers of his office to undermine the rule of law for political advantage of the president who appointed him."
—Karen Hobert Flynn, Common Cause
In a statement Friday, Karen Hobert Flynn, president of the national advocacy group Common Cause, called Barr "a cancer on justice in this nation" and accused him of turning the DOJ "into a political tool of a corrupt presidency."

"Americans expect and deserve an Attorney General who enforces the law impartially," she said, "not one who abuses his office to accommodate the whims of a president who believes he has unlimited power."

The DOJ's decision to drop charges against Flynn, which U.S. Attorney Timothy Shea detailed in a filing Thursday, came after Barr in February installed an outside prosecutor to review the department's case against the former Trump adviser.

In December 2017, Flynn had struck a deal with Special Counsel Robert Mueller, agreeing to plead guilty to lying to the FBI and cooperate with Mueller's Russia investigation. However, Flynn filed a motion to withdraw his plea in January.

I just signed a @commoncause petition: Impeach and Remove Attorney General Barr. Sign here: https://t.co/6EAuBe2mBP

— Sam Pancake (@jsampancake) May 8, 2020

Since Barr replaced Jeff Sessions as Trump's attorney general in February 2019, various actions he has taken have prompted government watchdogs groups to call for his removal from office. Hobert Flynn acknowledged that history Friday.

"The unprecedented decision to drop the prosecution of Michael Flynn, despite his guilty plea, is yet another blatant abuse of the powers of his office to cover up the misdeeds and crimes of the Trump administration," she said. "Barr's attempt at a Soviet-style whitewash of the Mueller report and other abuses of his office led Common Cause in December to call on Congress to impeach Attorney General Barr."

"We renew our call to Congress to impeach William Barr before he does irreparable damage to the system of justice in our nation," she added. "We are a nation of laws yet William Barr, the nation's top law enforcement official, has routinely abused the powers of his office to undermine the rule of law for political advantage of the president who appointed him. Congress cannot allow these abuses to stand."

Common Cause was not alone in calling for Barr's ouster over the past day:

William Barr is not the President’s lawyer – he is the country’s lawyer. His political interference is blatantly corrupt and he should resign.

— Elizabeth Warren (@SenWarren) May 7, 2020

#ImpeachBarr https://t.co/PahDJbkked

— Jeff Hauser (@jeffhauser) May 7, 2020

Seeing this Trump crony get a pass for criminal behavior means the politicization of our justice department is near complete. Their contempt for the rule of law is sickening. We must #ImpeachBarr and #DisbarBarr now.

Sign my complaint: https://t.co/vFBWjIGIKM https://t.co/IEi1yJCAqa pic.twitter.com/m4P9RTCZhQ

— Bill Pascrell, Jr. (@PascrellforNJ) May 7, 2020

Although House Speaker Nancy Pelosi (D-Calif.) on Thursday denounced the DOJ's decision to drop the case against Flynn "to continue to cover up for the president" and declared that "Attorney General Barr's politicization of justice knows no bounds," she did not incidate whether Democratic leaders in Congress plan to take any action.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Justice Department to drop case against Michael Flynn.

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A good breakdown of just how full of shit this decision is, and why the Judge is likely to decide against Flynn regardless:

https://vanityfair.com/news/2020/05/cou ... ynn-affair
One week in late 2018, Michael Flynn, Donald Trump’s disgraced former national security adviser, stood convicted and ready to be sentenced in a federal courtroom for the crime of lying to the FBI. His lies weren’t insubstantial. According to a little-noticed document he signed alongside his plea of guilty a year earlier, the retired lieutenant general lied about discussing the recently imposed U.S. sanctions with the Russian ambassador, whose nation had just interfered with the 2016 election; he lied about whether he had helped grease the wheels against a U.N. Security Council vote on Israeli settlements; and he lied about his status as an unregistered foreign agent of the government of Turkey. All of this conduct, and then some, was laid out in Robert Mueller’s final report on the Russia investigation, where Flynn is referenced hundreds of times. “Those lies,” the special counsel wrote, “materially impaired the investigation of Russian election interference.” On pain of perjury, on the day he pleaded guilty, Flynn attested to those lies: “I make this statement knowingly and voluntarily and because I am, in fact, guilty of the crime charged.”

That was then. Fast-forward to May 2020, and the Justice Department, having already interfered with Congress’s impeachment inquiry of Trump and argued in court that lawmakers can’t just subpoena his personal financial records without putting up a fight, has now flipped positions and taken Flynn’s side in the long-ago concluded Russia investigation. Except the investigation is not concluded in Trump’s mind, let alone among his enablers, including Attorney General William Barr, who has done everything in his power to delegitimize Mueller’s work—by misrepresenting its conclusions, by disagreeing with an inspector general report that examined its beginnings, and by appointing a roving prosecutor to investigate the investigators that started it all. Barr has also overruled career prosecutors who handled the Roger Stone trial, leading to their dramatic exit from the case, and appointed a United States attorney to specifically review the Flynn case. On Thursday, that appointment reached its preordained conclusion. In a historic filing that can fairly be described as something a defense attorney might have filed, the department that previously prosecuted, sought the conviction of, and stood ready to see Flynn sentenced over his lies to the government now wants to disavow its prior work, as if neither the work nor the lies ever mattered.

What’s telling about the government’s unprecedented motion, which Michael Bromwich, a former inspector general and longtime Department of Justice official, called “a pardon by another name,” is that it tries really hard to rewrite history, if not ignore it altogether. To the Justice Department, all revolves around a single instance, four days into the new administration, when Flynn, a sophisticated official with decades of government service, including in the nation’s intelligence apparatus, found himself in the crosshairs of an overreaching FBI. “The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue,” Timothy Shea, the loyalist Barr installed as acting U.S. attorney in Washington earlier this year, wrote. “Moreover, we [do] not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.” No other career official who had been on the case signed the filing—one of them, Brandon Van Grack, a Mueller veteran in the department’s national security division, had abruptly withdrawn from the Flynn case moments earlier on Thursday, in apparent protest of the Justice Department’s reversal.

Shea spins the Justice Department’s newfound concern for Flynn as a corrective to an FBI run amok, going above and beyond established procedures and its authority by chasing after a subject that, during the transition, happened to make a number of phone calls with the former Russian ambassador, Sergey Kislyak. In Shea’s telling, the FBI had already concluded, in late 2016, that Flynn was no longer a viable counterintelligence concern under the broader Russia inquiry, and thus his conversations with the ambassador during the transition, and lies to the incoming Trump administration about it, were of no moment. And off limits. The FBI, Shea says, simply had neither a criminal nor a national-security reason to be suspicious of Flynn—who didn’t want the world to know, not even his own team, that he was having high-level discussions with Russian diplomats about the aftermath of Russia's role in the 2016 election. That raised no red flags, according to the Justice Department’s about-face. “Whether or not Mr. Flynn had been entirely candid with the future Vice President or Press Secretary did not create a predicate for believing he had committed a crime or was beholden to a foreign power,” Shea writes.

All of this language, including Shea’s broadsides at longtime Fox News targets Peter Strzok and Lisa Page, was presented as if to have a maximum effect in the day’s evening news. Barr himself, during a softball interview with CBS News on Thursday, paraphrased a bromide about prosecutors’ duty to do justice found in the closing paragraph of the motion. “There’s only one standard of justice,” Barr said. “And I believe that this case, that justice in this case requires dismissing the charges against General Flynn.”

But Barr is not the final arbiter of justice in this matter. That person will be U.S. District Judge Emmet Sullivan, who has a history of dealing harshly with misbehaving Washington prosecutors. In his recitation of the history of the Flynn case, Shea conveniently skipped over that week before Christmas in 2018, when Judge Sullivan was ready to sentence the former Defense Intelligence Agency chief, only to postpone the sentence at the last minute to give Flynn more time to cooperate—and possibly mitigate his punishment some more. Flynn’s lies mattered to the judge, who didn’t gloss over their implications during an exchange with the defendant. “Not only did you lie to the FBI, but you lied to senior officials in the Trump transition team and administration,” Sullivan said. “Those lies caused the then vice president-elect, incoming chief of staff, and then press secretary to lie to the American people. Moreover, you lied to the FBI about three different topics, and you made those false statements while you were serving as the national security adviser, the president of the United States’ most senior national security aid. I can’t minimize that.”

Referencing Flynn’s work as an unregistered agent for the Turkish government, which Shea also glossed over, Sullivan was also mindful that Flynn lied on government forms about work he was doing as a top transition and White House official. Those charges, presumably, remain fair game for any prosecutor not named William Barr. “So all along you were an unregistered agent of a foreign country, while serving as the national security adviser to the president of the United States,” Sullivan told Flynn. Moments later, he charged: “Arguably, you sold your country out.” Under the law, it is Flynn’s burden, not the government, to show that there is “a fair and just reason” for withdrawing a guilty plea. Now that the Justice Department has made that case for him, a case it has made for no other already-convicted defendant, it will fall on the judge to determine if, in fact, there is one standard of justice for everyone, and another one for those who are friends of the president.

There’s a lot more Sullivan knows about the case, and Flynn’s lawyers’ machinations in the lead-up to the Justice Department’s meddling, that Shea is obscuring, and he has the power to order a new hearing to make everyone explain themselves under oath. It’s not like he doesn’t have experience appointing an outside prosecutor when the government’s own are not operating as they should. As independent journalist Marcy Wheeler observes, much of what Shea purports is “new” evidence of FBI wrongdoing is already water under the bridge, and Sullivan hasn’t had much patience for Flynn’s belated claims that he was unlawfully railroaded. May this be one of those instances where the judge sees this episode as the corruption of justice that it is.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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The Romulan Republic
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Re: Justice Department to drop case against Michael Flynn.

Post by The Romulan Republic »

Well, it looks like the Judge is not buying the DOJ's new position. He's taken the unusual step of asking a former Federal judge to effectively represent the case against Flynn that DOJ refuses to continue, and has noted that if the DOJ is right that Flynn did not lie to the FBI, then that means Flynn DID lie to him, and could be prosecuted for perjury:

https://cnn.com/2020/05/13/politics/jud ... index.html
(CNN)Michael Flynn's attorney and conservative commentator Sidney Powell sent Judge Emmet Sullivan a copy of her book in 2014, about a criminal case he handled where he obliterated the Justice Department's work. Writing to the judge she's called a hero, the Texas-based lawyer inscribed on the third page: "Judge Emmet Sullivan, to all those who seek, hallow, and do Justice. With the greatest respect and gratitude for your honorable service."

Five years later, Powell stood face-to-face with Sullivan in her first hearing representing Flynn, President Donald Trump's former national security adviser who pleaded guilty to lying to the FBI days into the new administration. It was a short meet-and-greet type of hearing. Sullivan held up the book in his Washington, DC, courtroom, acknowledged he had read the complimentary parts about him, thanked her for sending it and moved on.

Powell left the courtroom glowing.

But that glow may not last a full year. Despite Justice Department efforts to drop the case against Flynn last week, Sullivan still stands between the guilty plea of Powell's client and his exoneration. For Flynn, the court proceedings before Sullivan have been rocky -- with the retired general moments away, multiple times, from the end of his criminal case.

Sullivan's judicial flex
Sullivan -- in his 36 years as a judge, and in handling Flynn's case for the last two-and-a-half -- has mastered the art of surprise.

On Wednesday night, Sullivan jolted the case -- and political and legal commentators on both sides -- yet again with an announcement that he would hear from a federal judge-turned-private-attorney about why he shouldn't dismiss the Flynn case and whether he should hold Flynn in criminal contempt for perjury.

In late 2018, Sullivan stunned Flynn by questioning whether he was treasonous (he wasn't, prosecutors said) at what was supposed to be the sentencing. And now, Flynn's team has clawed through attempts to unravel his guilty plea by slamming the Mueller investigation and the FBI, with the judge rejecting many of their attacks and slowing down a case that hasn't yet been dismissed.

Sullivan is jovial in person, often surrounded by his clerks and colleagues as he walks through the courthouse. On the bench, the judge keeps a long memory, frequently questions authorities before him and embraces the drama his federal courtroom lends.

That's why, to many Washington lawyers, it wasn't a surprise when Sullivan opened the door on Tuesday to third party arguments in the Flynn case before commenting on the Justice Department's move to drop it. Sullivan apparently was reacting to legal arguments sent to the courthouse by 16 former Watergate prosecutors, who reasoned the judge could still sentence Flynn. And they warned him of corruption within the Justice Department.

It wasn't over yet, Sullivan's order essentially meant.

"It's very Sullivan," one Washington lawyer said of the judge's move, declining to give his name because he represents clients in the court.

The Wednesday order puts Sullivan again in the political spotlight for days to come, and potentially gives him a platform to scrutinize the Justice Department's approach and to rail against Flynn's contradicting statements of both innocence and guilt.
The Watergate prosecutors were echoed by almost 2,000 former Justice Department employees condemning Barr in an open letter and by several newspaper op-eds from prominent lawyers. But it was one in The Washington Post that appeared to guide Sullivan the most.

In that column, three accomplished former prosecutors, including ex-federal Judge John Gleeson, outlined options Sullivan could pursue. They suggested he question a prosecutor who had exited the case, force the Justice Department to release the phone call transcripts Flynn had lied about or appoint an independent attorney for "a full, adversarial inquiry."

"Courts often inquire as to the reasons for a government motion to dismiss, but this is the rare case that requires extra scrutiny, to ensure that, in the Supreme Court's words, 'the waters of justice are not polluted.' "

They also said that Sullivan, in theory, could still sentence Flynn.

Sullivan selected Gleeson, one of the three op-ed writers, on Wednesday to look at Flynn's possible perjury and argue against the case dismissal.

The mention of third-party voices in the Flynn case was the first word from the judge five days after Attorney General William Barr and the DC US Attorney Timothy Shea announced they would seek to dismiss the lying charge against Flynn, a shocking about-face in a major case special counsel Robert Mueller had brought, Flynn had pleaded guilty to and Sullivan had certified. Barr and Shea's decision, which they said was backed up by internal FBI documents and a legal analysis that Flynn shouldn't have been investigated or approached in the first place and that his lies weren't "material," unleashed intense criticism that the Justice Department political appointees are undermining the rule of law to help a judicially rogue President.

During the silence from Sullivan over the weekend, many across Washington started wondering what the judge would do. Would he rubber-stamp the motion to dismiss? How much could he push back to learn more? Was a hearing or witness testimony in the works?

Might he even appoint a special investigator, a move he has made before? At least one DC firm started considering whether they could possibly be in the running for such a job.

Those who know Sullivan's record predicted he wouldn't rubber-stamp anything.

The 72-year-old judge was born, raised and educated in DC, and as a Clinton appointee, is the senior-most active judge in the DC District Court, the federal trial bench in the nation's capital. His long career among Washington's political class frequently has made him the arbiter of cases about the clash of government powers. He has not shrunk from the spotlight, nor from direct challenges by other federal officials.

In a 2014 speech about a fellow judge, Sullivan joked about his choice to be a judge instead of a politician. "More than once (Judge Paul Friedman) has recommended that I should resign and do something that would require me to hire a campaign manager, raise money and kiss babies. He can be quite persuasive and flattering, but I love my day job, at least for now," Sullivan said.

Questioning the executive branch
Consistently, Sullivan's been an excruciating questioner of the executive branch.

His most well-known criminal matter was the 2008 trial and its aftermath of the late Republican Sen. Ted Stevens of Alaska. In that case, Sullivan took in the revelation that the Justice Department had withheld exculpatory evidence from Stevens. He dismissed the case, overturning a jury's guilty verdict.

In what's become a legendary court proceeding in Washington where Sullivan blasted the Justice Department's work, he appointed a special prosecutor to retread the case, looking for potential obstruction by the department.

Sullivan wrote to the federal judiciary requesting revisions that would give defendants access to evidence and set new policies for his own courtroom, which, in the Flynn case, ultimately gave Powell's team an avenue to try unsuccessfully for access to more FBI records and even classified material.

Just last year, Sullivan used a tactic similar to what he's doing this week with Flynn, allowing prosecutors, former lawyers on a long-running case and even the public to weigh in on the possible release from prison of a cocaine-trafficking defendant.
Sullivan also once threatened to punish the IRS Commissioner in a battle over access to the agency's email during a political scandal.

"I will haul into court the IRS commissioner to hold him personally in contempt," Sullivan said, facing the possibility the IRS was ignoring his orders in a public records case.

That's one 2014 moment that prompted Powell to write that Sullivan was a hero judge.

But will he be that for Flynn now?

'You sold your country out'
Flynn has misjudged the judge before.

In his plea deal, Flynn was primed for leniency and a light sentence -- likely no prison time at all. He pleaded guilty to one count, for lying to the FBI about multiple interactions with Russia on behalf of the Trump transition, and admitted to other problematic conduct, including omitting his lobbying firm's work for Turkey in 2016 from a federal disclosure form.

Mueller and other investigators interviewed him 19 times, and Flynn told Mueller key stories about the attention toward WikiLeaks on the campaign, contact with Russia and details about the President's attempts to obstruct the Russia investigation. He also told a grand jury in Virginia how he and his former lobbying partner had worked on Turkey's behalf in 2016.

Flynn's efforts earned what's called a downward departure or 5K letter from the Mueller team before his scheduled December 2018 sentencing, a document sought after by criminal defendants that tells the judge he was especially helpful and deserved no prison time. Not even Richard Pinedo, a low-profile Californian who had committed identity fraud online and helped Mueller crack a Russian online propaganda conspiracy, had gotten a 5K.

But when Flynn stood before Sullivan in December 2018 to reiterate his guilt, the judge seethed with anger and put Flynn under oath to discuss his crimes. A prison sentence -- probably between a few days to six months -- looked likely.

A note of doubt about Flynn's guilt in his written request for leniency before the sentencing apparently had set off Sullivan.

The judge, at times nearly yelling from the dais and gesturing to the large DC and US flags behind him, said Flynn's action "undermines everything this flag over here stands for. Arguably, you sold your country out."

Sullivan later apologized for thinking Flynn had been a paid agent of a foreign government while serving in the White House -- that work had happened while Flynn was with the Trump campaign -- then added that he believed another general, David Petraeus, should have been punished more harshly after lying to the FBI.

Flynn asked the judge not to go forward with his sentencing.

Powell and Sullivan meet again
About six months later, Flynn fired his lawyers and brought in Powell.

Over the past year, Powell's team has accused the FBI of misconduct, demanded what they believe could be exculpatory evidence and floated theories that had been circulating among conservative circles to undercut the Russia investigation. They've done this in court filings, but Powell has also disclosed she's contacted Barr directly.

In January, Flynn told the judge he now believed he was innocent.

His new defense team appears not to have bet on the possibility that Sullivan's critical eye could turn toward Barr and, by extension, Flynn.

This week -- after the months-long process of Flynn turning on his prior defense lawyers, the Mueller team and the FBI -- his lawyers hinted they're ready to go to battle with the judge too.

"Separation of powers forecloses (third parties') appearance here. Only the Department of Justice and the defense can be heard," Powell's team wrote in the court case. "For the Court to allow another to stand in the place of the government would be a violation of the separation of powers."

That is, Sullivan shouldn't do anything more than dismiss the case.

The judge threw out Flynn's pleading and the Watergate prosecutors' request as premature on Wednesday, reminding them he's getting ready to hear from others on the case.

But Flynn's supporters and family and even Powell have begun tweeting attacks on Sullivan this week as they ask the President for a pardon. The once-hero judge, they write, will be no match for Powell, their "Warrior for Justice" and "Lady Liberty."

A reporter on Wednesday afternoon asked Trump if he thought Sullivan should leave the case "for being biased against Mr. Flynn."

The President dodged commenting on the judge, instead simply saying about Flynn, "He's going to be OK. He's going to be just fine."
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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GrosseAdmiralFox
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Re: Justice Department to drop case against Michael Flynn.

Post by GrosseAdmiralFox »

The thing is, while the Justice Department has been trying to dump this to save their own hides, the FBI and the judges are rather resistant to this order.
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