Flynn reply brief US Court of Appeals filed by Attorney Sidney Powell June 10, 2020, ” If courts aspire to do more, then law will become what the
judges say it is”
“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr
And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
From the
REPLY BRIEF OF MICHAEL T. FLYNN
filed by Attorney Sidney Powell June 10, 2020.
“Twenty percent—more than 500—of former criminal defendants
named in the National Registry of Exonerations had pleaded guilty.1
Even following a guilty plea, a Government motion to dismiss is neither
rare nor suspect. The Fourth and Fifth Circuits have ordered dismissals
specifically in those circumstances. App.81-83; United States v. Smith 55
F.3d 157 (4th Cir. 1995). This is especially true where that motion arises
from a lengthy independent review of the Government’s own file. “Here,
the Attorney General … tasked an experienced prosecutor with
investigating the matter, and then took decisive action to fulfil his duty
[of correcting injustice] with the filing of the government’s motion to
dismiss.” Brief Amicus Curiae of Former United States Attorney General
Edwin Meese III at 8. That motion disclosed stunning exculpatory
evidence—evidence Respondent and his quiver of Amici elide.”
“The Government’s Motion to Dismiss fulfills the highest and best
tradition of the Department of Justice: to seek justice—not convictions.
See Meese Amicus Brief at 8-9 (citing Attorney General (later Justice)
Jackson). As the Supreme Court wrote in Berger v. United States, 295
U.S. 78, 88 (1935), “The United States Attorney is the representative not
of an ordinary party to a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its obligation to
govern at all; and whose interest, therefore, in a criminal prosecution is
not that it shall win a case, but that justice shall be done.”
IV. Conclusion
As Attorney General Meese notes in his Amicus Brief, “[i]f the
courts [administer the law impartially], they will inspire the public’s confidence. If courts aspire to do more, then law will become what the
judges say it is, and that will lead the nation into judicial supremacy
where the people are ruled by judges, not by the rule of law.” Meese
Amicus Brief at 11. Respondent here aspires to do more, much more.
This Court must stop him before he further jeopardizes the legitimacy of
the federal judiciary. Accordingly, mandamus should issue to dismiss
this case with prejudice, vacate the plea, and order any further
proceedings conducted by a different judge.”
I40 blockage and closure in Greensboro NC by protester bullies with police help reported to White House Gov Cooper and Greensboro police city mgr and mayor
“Despite First Amendment rights, one is not allowed to cry “fire” in a crowded theatre. Worse yet in potential danger, One is not allowed to block an interstate highway.”…Citizen Wells quoting NC law
“We live up and down the interstates, you know, up and I-40, from Raleigh towards Greensboro down towards Charlotte with 85 and then up and down, say, 77,” …Lt. Col. Rodney Newton, NC National Guard
“The worst enemy that the Negro have is this white man that runs around here drooling at the mouth professing to love Negros and calling himself a liberal, and it is following these white liberals that has perpetuated problems that Negros have. If the Negro wasn’t taken, tricked or deceived by the white liberal, then Negros would get together and solve our own problems. I only cite these things to show you that in America, the history of the white liberal has been nothing but a series of trickery designed to make Negros think that the white liberal was going to solve our problems. Our problems will never be solved by the white man.”...Malcom X
From Citizen Wells June 9, 2020.
“Yesterday, after the second criminal act, the police lobby was open and I voiced my concerns and left my contact info. The lady who helped me had helped me in the past and was very courteous.
In Greensboro, the police are under the control of the City Manager’s Office.
I called them next attempting to find out who made the decisions to close I40.
Once again a very nice and helpful lady answered and told me she would pass along my info to the city manager and the mayor.
I indicated to all parties that I would probably contact the governor’s office.
Below is the letter I sent via email to Governor Roy Cooper:
“I know you are busy
I have many concerns regarding the recent protests, lootings & riots & the govt response.
I am writing about what I consider the more troubling events, “showstoppers” that happened in Greensboro over the past 2 weekends.
As you are aware, the interstates were developed by President Eisenhour in the 50’s after he witnessed the difficulty in moving troops & equipment.
They have obviously evolved into much more than that.
Especially in cities like Greensboro where I40 for example is used to get from one side of a large geographic area to another & especially when emergency vehicles try to get to accident victims & get them rapidly to hospitals.
Recently you made the National Guard available.
This could involve their need to travel I40 in an emergency.
The past 2 weekends the City of Greensboro has aided and abetted “protestors” in blocking I40.
This is not only a misdemeanor but a crime against humanity by the so called “protestors” who are functioning as bullies.
Next consider the inappropriate attitude of the Greensboro Police as reported in the media:
“Police ask motorists to find an alternate route”
In other words, the protestors are the priority & you are on your own.
I tried to visit the police dept. last Monday & it was closed. I went by yesterday & voiced my concerns & left my contact info.
I then called the City Mgrs. office & a nice lady took my info & said it would be passed along to the mgr & mayor.
I am giving you a heads up on the situation & a no confidence vote.
Apparently the City of Greensboro does not have this situation under control & they are not protecting overall society.
I suppose that the city has to formally request the intervention of the National Guard.
If there is a legal avenue for the citizenry to do so please inform.
Since minimally the city is breaking state law & their responsibility to police I40, perhaps your office or that of the Attorney General could remind them.
Thank you for your consideration.
Wells””
Blocking an interstate is a crime in NC and should be made a felony.
To make sure that this serious issue is addressed by competent government officials, I sent 2 emails to the White House and followed up with a call to the switchboard.
June 10, 2020
Dear Mr. Wells,
Thank you for contacting the White House. We are carefully reviewing your message.
President Donald J. Trump believes the strength of our country lies in the spirit of the American people and their willingness to stay informed and get involved. President Trump appreciates your taking the time to reach out.
For more information about the steps President Trump is taking to keep the American people safe, strengthen our Nation, and preserve liberty and prosperity, please click here.
Sincerely,
The Office of Presidential Correspondence
Perhaps someone will take this serious matter seriously.
George Floyd and Black American deaths truth, Liberals and media lies, No excuse for Floyd and Chavin actions, Stop enabling crime!
“Officer Derek Chauvin and George Floyd both engaged in crimes and their lives should not be honored.”…Citizen Wells
“Donald Trump is certainly not a politician, and politicians are a dime a dozen, but leaders are priceless,”…Clarence Henderson, Woolworths sit in 4
“The worst enemy that the Negro have is this white man that runs around here drooling at the mouth professing to love Negros and calling himself a liberal, and it is following these white liberals that has perpetuated problems that Negros have. If the Negro wasn’t taken, tricked or deceived by the white liberal, then Negros would get together and solve our own problems. I only cite these things to show you that in America, the history of the white liberal has been nothing but a series of trickery designed to make Negros think that the white liberal was going to solve our problems. Our problems will never be solved by the white man.”...Malcom X
Liberals and media lie to Americans to keep them controlled, to stay in office and sell more lies.
They will do anything to remove Donald Trump from office, despite the consequences.
They don’t give a damn about Black Americans, only their agenda and to them, the end justifies the means.
President Trump has done more for Black Americans than any president since Lincoln.
Here are the facts regarding George Floyd’s death and Black Americans being murdered each year.
George Floyd had a record of criminal activity including using a gun pushed against a woman’s stomach.
On the day of his arrest, Floyd, under the influence of drugs, presented a counterfeit $ 100 dollar bill.
The police were called.
Officer Derek Chauvin used excessive force resulting in Floyd’s death. 3 officers of 3 different ethnic backgrounds were present and did not intervene.
Officer Chauvin apparently has sanity/morality issues.
“George Floyd and Derek Chauvin had a history of not getting along, former coworker says” KHOU 11
This happened in the liberal bastion of Minneapolis and the arrests took longer than they should have.
“The Star Tribune collected the names and stories of all 30 people who died after a physical confrontation with law enforcement in Hennepin County between Jan. 5, 1999, and Jan. 3, 2007, the period when Amy Klobuchar was Hennepin County Attorney.”
The mayor appears to have sanity issues.
This was portrayed as a racial incident and systemic in the US. There is no evidence of systemic issues such as this in police departments throughout the country.
Fake news media, liberals and radical elements took advantage of this tragedy for their agenda and caused an outrage based on lies.
Young, uniformed Americans, already frustrated by the impact of Covid-19 and probably with too much time on their hands, were incited to react, once again to false narratives.
There is a clear lack of accountability on the part of many, including the Black Community.
By far the biggest problem with black deaths is black on black crime with the most pronounced cases being in liberal bastions like Chicago and Baltimore.
No rational American wants defunding or removal of the police. They protect all Americans.
Police have a very difficult job. They put their lives in danger daily. The vast majority are decent hard working folks who come in all skin colors and ethnic backgrounds.
From Tucker Carlson: In 2019 10 African Americans were killed by police. Over 7,000 in other ways.
Tucker Carlson: Liberal policies are failing black Americans
I40 blocked closed twice by protester bullies aided and abetted in illegal act by City of Greensboro, Letter to NC governor Cooper after police and city manager contact
“Despite First Amendment rights, one is not allowed to cry “fire” in a crowded theatre. Worse yet in potential danger, One is not allowed to block an interstate highway.”...Citizen Wells quoting NC law
“We live up and down the interstates, you know, up and I-40, from Raleigh towards Greensboro down towards Charlotte with 85 and then up and down, say, 77,” …Lt. Col. Rodney Newton, NC National Guard
“The road to hell is paved with good intentions”...Karl Marx quoting Martin Luther
A section of I40, Interstate 40, in Greensboro, NC, for the second time in 8 days, was closed by the Greensboro Police after protester bullies occupied it for their own agenda in spite of it being illegal and dangerous to the general public.
“§ 136-90. Obstructing highways and roads misdemeanor.
If any person shall willfully alter, change or obstruct any highway, cartway, mill road or road leading to and from any church or other place of public worship, whether the right-of-way thereto be secured in the manner provided for by law or by purchase, donation or otherwise, such person shall be guilty of a Class 1 misdemeanor. “
After the first I40 criminal act, I attempted to visit the Greensboro Police Dept. and found that it was closed.
I was very displeased.
Yesterday, after the second criminal act, the police lobby was open and I voiced my concerns and left my contact info. The lady who helped me had helped me in the past and was very courteous.
In Greensboro, the police are under the control of the City Manager’s Office.
I called them next attempting to find out who made the decisions to close I40.
Once again a very nice and helpful lady answered and told me she would pass along my info to the city manager and the mayor.
I indicated to all parties that I would probably contact the governor’s office.
Below is the letter I sent via email to Governor Roy Cooper:
“I know you are busy
I have many concerns regarding the recent protests, lootings & riots & the govt response.
I am writing about what I consider the more troubling events, “showstoppers” that happened in Greensboro over the past 2 weekends.
As you are aware, the interstates were developed by President Eisenhour in the 50’s after he witnessed the difficulty in moving troops & equipment.
They have obviously evolved into much more than that.
Especially in cities like Greensboro where I40 for example is used to get from one side of a large geographic area to another & especially when emergency vehicles try to get to accident victims & get them rapidly to hospitals.
Recently you made the National Guard available.
This could involve their need to travel I40 in an emergency.
The past 2 weekends the City of Greensboro has aided and abetted “protestors” in blocking I40.
This is not only a misdemeanor but a crime against humanity by the so called “protestors” who are functioning as bullies.
Next consider the inappropriate attitude of the Greensboro Police as reported in the media:
“Police ask motorists to find an alternate route”
In other words, the protestors are the priority & you are on your own.
I tried to visit the police dept. last Monday & it was closed. I went by yesterday & voiced my concerns & left my contact info.
I then called the City Mgrs. office & a nice lady took my info & said it would be passed along to the mgr & mayor.
I am giving you a heads up on the situation & a no confidence vote.
Apparently the City of Greensboro does not have this situation under control & they are not protecting overall society.
I suppose that the city has to formally request the intervention of the National Guard.
If there is a legal avenue for the citizenry to do so please inform.
Since minimally the city is breaking state law & their responsibility to police I40, perhaps your office or that of the Attorney General could remind them.
Thank you for your consideration.
Wells”
Governor Cooper activated the NC National Guard and made them available to NC municipalities.
“Communities across the country have been the site of protests since the death of George Floyd in Minneapolis while being arrested by police. Cooper says state resources, including the National Guard, have been directed to help cities as needed.”
“Raleigh N.C., June 3, 2020. Approximately 450 Guardsmen have been mobilized due to civil unrest. The Guard will support local authorities and help safeguard the lives and property of North Carolinians and the ability for individuals to exercise their rights to peaceful protest. ”
Al Sharpton praises 2 criminals, George Floyd and Barack Obama, Floyd convicted violent criminal, Sharpton: show us a real birth certificate for Obama
“George Floyd plead guilty to entering a woman’s home, pointing a gun at her stomach and searching the home for drugs and money, according to court records”…Daily Mail
“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells
“The document placed on WhiteHouse.gov, purported to be a certified copy, is a document created from information in a database. It is not a copy of an original birth certificate.”…Citizen Wells April 28, 2011
First: George Floyd is the victim of police brutality.
There was no excuse for it. It was the result of an evil/crazy rogue cop and 3 police officers who should have stopped it. It wasions not representaive of race relations in this country. Period!
Al Sharpton and Barack Obama are more responsible for any possible decline in race relations. They continue to use black Americans for their own agenda.
George Floyd was no saint.
From the New York Post.
“George Floyd had ‘violent criminal history’: Minneapolis police union chief
“The head of the Minneapolis police union says George Floyd’s “violent criminal history” needs to be remembered and that the protests over his death are the work of a “terrorist movement.”
“What is not being told is the violent criminal history of George Floyd. The media will not air this,” police union president Bob Kroll told his members in a letter posted Monday on Twitter.
Floyd had landed five years behind bars in 2009 for an assault and robbery two years earlier, and before that, had been convicted of charges ranging from theft with a firearm to drugs, the Daily Mail reported.”
““George Floyd should not be among the deceased,” Sharpton said, beginning his remarks. “He did not die of common health conditions. He died of a common American criminal justice malfunction.”
Sharpton took aim at the criminal justice system’s effects on African Americans and took several swipes at President Trump — first for his controversial move to pose with a Bible near the White House Monday.”
“He also criticized Trump for questioning former President Obama’s birthplace, noting that Obama rose up from a single-parent home to become the country’s first black president.
“And you ask him for his brith certificate, because you can’t take your knee off our neck,” he said. “We don’t want no favors, just get up off of us and we can be and do whatever we can be.””
Greensboro government and Greensboro Daily Lies (aka Fake News) fail citizens businesses and nation, Trump police officers blamed for liberal policies and rogue cops
“While Lester and other business owners fended for themselves, trying to protect their stores, he said the police were two blocks away, staying close to the protest, which Lester called a “peaceful protest.”
“Meanwhile, looters were down here looting, and no police would come down to help.””...Greensboro Business Owner Chris Lester
“If I had my choice I would kill every reporter in the world but I am sure we would be getting reports from hell before breakfast.”…William Tecumseh Sherman
“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells
You noticed I did not blame police officers in the heading above. Most of them are decent hard working enforcers of the law.
And President Trump gets the blame from the very elements that are mostly responsible for the current ills and ongoing problems in this country. The left, aka liberals, aka Democrats.
The latest episode of mistreating blacks happened in the liberal bastion of Minnesota. Also home of Amy Klobucher, a former prosecutor and judge with a record of giving cops a free pass.
Although NC went for Trump in 2016 there are many liberal influences and that includes Greensboro, NC.
So it is no wonder that the reaction in Greensboro was liberal and incompetent (I know, redundant).
The Greensboro News Record is mostly irrelevant but it is very much to blame for spreading lies about Trump, conservatives and anything non modern day liberal.
From the Greensboro Lies, aka News Record, aka fake news June 3, 2020.
“Our Opinion: It’s all about Trump”
“Now here he was marching with a contingent of security and administration officials to St. John’s Episcopal Church at Lafayette Square, where, finally, he was ready for his close-up. Trump awkwardly stood for cameras and held a Bible.
When a nation needs leadership and unity, this is what we get: A poorly executed set piece in a reality show.
In a speech of more than 800 words Monday, Trump devoted 36 to Floyd. And none to a need for dialogue and reforms in policing.
To be sure, Trump was right to address the violence and looting that left ugly stains on many protests, including those in Greensboro. But he provided no broader look at what needs to happen going forward.
The president assured us that “we cannot allow the righteous cries and peaceful protesters to be drowned out by an angry mob.”
And then he set loose cops on a crowd of peaceful protesters.
The woman who oversees St. John’s Episcopal Church was incensed.
“He used violent means to ask to be escorted across the park into the courtyard of the church,” Bishop Mariann Edgar Budde of the Episcopal Diocese of Washington told NPR. “He held up his Bible after speaking (an) inflammatory militarized approach to the wounds of our nation.”
“He did not pray,” the bishop said. “He did not offer a word of balm or condolence to those who are grieving. He did not seek to unify the country, but rather he used our symbols and our sacred space as a way to reinforce a message that is antithetical to everything that the person of Jesus, whom we follow, and the gospel texts that we strive to emulate … represent.””
Bishop Mariann Edgar Budde apparently all knowing. She could see inside his soul to know if he prayed or not.
The Episcopal Church here has become more about “social justice” and illegal sanctuary sites than following the will of God.
From President Trump’s statement:
“THE PRESIDENT: Thank you very much. My fellow Americans: My first and highest duty as President is to defend our great country and the American people. I swore an oath to uphold the laws of our nation, and that is exactly what I will do.
All Americans were rightly sickened and revolted by the brutal death of George Floyd. My administration is fully committed that, for George and his family, justice will be served. He will not have died in vain. But we cannot allow the righteous cries and peaceful protesters to be drowned out by an angry mob. The biggest victims of the rioting are peace-loving citizens in our poorest communities, and as their President, I will fight to keep them safe. I will fight to protect you. I am your President of law and order, and an ally of all peaceful protesters.
But in recent days, our nation has been gripped by professional anarchists, violent mobs, arsonists, looters, criminals, rioters, Antifa, and others. A number of state and local governments have failed to take necessary action to safeguard their residents. Innocent people have been savagely beaten, like the young man in Dallas, Texas, who was left dying on the street, or the woman in Upstate New York viciously attacked by dangerous thugs.
Small-business owners have seen their dreams utterly destroyed. New York’s Finest have been hit in the face with bricks. Brave nurses, who have battled the virus, are afraid to leave their homes. A police precinct station has been overrun. Here in the nation’s capital, the Lincoln Memorial and the World War Two Memorial have been vandalized. One of our most historic churches was set ablaze. A federal officer in California, an African American enforcement hero, was shot and killed.”
The lying disgusting Fake News Greensboro News Record is wrong!
Someone in Greensboro government apparently issued the equivalent of a stand down order over the week end which gave the criminal element carte blanche to loot and damage stores downtown.
They also closed a section(s) of I40 Saturday night.
In Greensboro, NC, the Police Dept. is governed by the City Manager’s office with the probable influence of Mayor Vaughan. Ms Vaughan usually kowtows to the wishes of the arts and gay communities.
From the Winston-Salem Journal.
“Surveillance video of Sunday night looting. Greensboro businesses clean up again after Sunday’s unrest.”
“For the second day in a row, downtown business owners were out early Monday morning, assessing the damage caused by looters during Sunday night’s protest in Greensboro.
Natty Greene’s was among a handful of businesses targeted by looters.
Owner Chris Lester was outside his restaurant Monday morning as employees helped to clean up shattered glass, prepping for a crew coming to board of the windows.
Lester said he received an alarm notice around 11:15 p.m. He and his manager rushed to the restaurant to find three broken front windows, damage to the front door and several bottles of liquor stolen off the shelves.
Lester called 911 immediately but said no officers responded.
“We stayed here from 11:15 p.m. to 2:15 a.m. and not one police officer came to help us. I called five times.”
He said he didn’t have an officer stop by until 8:15 a.m. Monday.
“I was really disappointed in our police,” Lester said, adding that he even searched and found an officer outside who told him, “I can’t help you.””
“Mayor Nancy Vaughan, who was out surveying the damage on Monday morning, said police presence was thinner Sunday night because officers were deployed to other areas.
“Things were pretty widespread last night and beyond just downtown Greensboro,” Vaughan said.
While Lester and other business owners fended for themselves, trying to protect their stores, he said the police were two blocks away, staying close to the protest, which Lester called a “peaceful protest.”
“Meanwhile, looters were down here looting, and no police would come down to help.””
US Justice Dept response to Judge Sullivan response in Flynn case June 1, 2020, “court should have granted the government’s motion to dismiss”
“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr
And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
From the
BRIEF FOR THE UNITED STATES
June 1, 2020.
US v Michael Flynn.
“The Constitution vests in the Executive Branch the power to decide
when—and when not—to prosecute potential crimes. Exercising that Article II
power here, the Executive filed a motion to dismiss the indictment, and
petitioner consented. Despite that exercise of prosecutorial discretion, and the
lack of any remaining Article III controversy between the parties, the district
court failed to grant the motion and bring the case to a close. It instead
appointed an amicus curiae to argue against dismissal and to consider additional
criminal charges.
This Court should issue a writ of mandamus compelling dismissal.
Federal Rule of Criminal Procedure 48(a) provides that “[t]he government may,
with leave of court, dismiss an indictment.” That language does not authorize
a court to stand in the way of a dismissal the defendant does not oppose, and
any other reading of the Rule would violate both Article II and Article III.
Nor, under the circumstances of this case, may the district court assume the role
of prosecutor and initiate criminal charges of its own. Instead of inviting further
proceedings, the court should have granted the government’s motion to dismiss.
And given the court’s infringement on the Executive’s performance of its
constitutional duties, a writ of mandamus is appropriate, as this Court held in
similar circumstances in United States v. Fokker Services B.V., 818 F.3d 733
(D.C. Cir. 2016).”