Perianne (06-01-2020),stjames1_53 (06-01-2020)
It could take a Trump pardon, but Michael Flynn won't serve time — and he shouldn't
Here is a good article that explains what is wrong with the Flynn case and why.
The most important thing to know about the Michael Flynn case is that it is no longer about Michael Flynn. Instead, as Barack Obamasaid, it is about the rule of law, though perhaps not in the way he meant.
It is an easy prediction that Flynn will not go to prison for the charge to which he originally pleaded guilty. Either presiding U.S. District Court Judge Emmet Sullivan will end the case, which the Justice Department has already dropped (after some amicus brief grandstanding courtesy of John Gleeson); or the D.C. Circuit Court — perhaps the Supreme Court — will issue a writ of mandamus ordering the charges dismissed; or as a last resort President Donald Trump will pardon Flynn. It may take a while to get to the end of this process, but Flynn will not serve time.
The larger “rule of law” issues have arisen because of the questionable way the Flynn investigation and prosecution has played out, and the motives of those involved. Documents that have been newly released in recent weeks have upended a narrative that the public has been told for years was the truth.
A routine phone call to a counterpart
Flynn pleaded guilty to lying to the FBI about the details of a phone call he made to former Russian Ambassador Sergey Kislyak, in December 2016. The call itself was perfectly legitimate and well within the custom of incoming officials during a presidential transition reaching out to their foreign counterparts. For example, President-elect Obama openly used emissaries and go-betweens to meet with foreign leaders during his transition.
A recent document release revealed that at the time Flynn was interviewed about the phone call, the “Russian collusion” investigation into him dubbed CROSSFIRE RAZOR had already concluded he was in the clear. But the case was kept alive by then-FBI agent Peter Strzok, who had been circulating a 2015 Congressional Research Service white paper on the dormant and probably unconstitutional Logan Act to various Justice Department officials, including former FBI head of counterintelligence Bill Priestap.This was one of several other due process issues with the Flynn case, particularly the handling of his interview records (the “302s”). One would expect that because Flynn was charged with lying to investigators, the 302s would be centerpiece evidence. Instead, we have learned that these records were edited,misattributedand denied to Flynn’s original defense team before he made his guilty plea.Read the rest of the article at the link.These are among the facts that caused the Justice Department to drop the Flynn prosecution. That the public is only now learning these salient details is troubling. They have emerged largely due to the efforts of Flynn’s second defense lawyer, Sidney Powell, who had pressed for the release of all exculpatory “Brady” evidence in the case. As late as October 2019, federal prosecutor Brandon Van Grack argued in court that no such evidence existed. But still Sidney Powell persisted, and the truth began to emerge.
Revealing information kept from public
ΜOΛΩΝ ΛΑΒΕ
stjames1_53 (06-01-2020)
Today is the day the once honorable judge Sullivan must file his motion to the court of appeals concerning his outrageous order to allow an amicus brief at a criminal trial. And why he has not dismissed the case against Flynn now that the DoJ said they want the case dropped over prosecutorial misconduct.
Waiting to see how bad the appellate court spanks Sullivan.
ΜOΛΩΝ ΛΑΒΕ
MisterVeritis (06-01-2020),stjames1_53 (06-01-2020)
Seems odd there's nothing on the Judge Sullivan explanation to the appeals court yet.
Oops, CNN has the explanation
https://www.cnn.com/2020/06/01/polit...ase/index.html
Peter1469 (06-01-2020)
MisterVeritis (06-01-2020)