Category Archives: Attorneys

New Strzok notes in Flynn case revealed by prosecutors June 23, 2020, Exculpatory to Flynn, Subject to a protective order

New Strzok notes in Flynn case revealed by prosecutors June 23, 2020, Exculpatory to Flynn, Subject to a protective order

“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

“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

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From the

NOTICE OF DISCOVERY CORRESPONDENCE

in the General Michael Flynn case JUne 23, 2020.

“Dear Counsel:
As we have previously disclosed, beginning in January 2020, the United States Attorney for the Eastern District of Missouri has been conducting a review of the Michael T. Flynn investigation. The enclosed document was obtained and analyzed by USA EDMO during the course of its review. This page of notes was taken by former Deputy Assistant Director Peter Strzok. While the page itself is undated; we believe that the notes were taken in early January2017, possibly between January 3 and January 5. These materials are covered by the Protective
Order entered by the Court on February 21, 2018; additional documents may be forthcoming. Sincerely,
MICHAEL R. SHERWIN
Acting United States Attorney”

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.230.0.pdf

From John Solomon at Just The News.

“Breaking: DOJ reveals discovery of new Strzok notes in Flynn case

Prosecutors reveal they recently found new notes from the lead investigator in the Russia case that are exculpatory to Flynn.

In the latest twist, the Justice Department disclosed to a federal court Tuesday it has located a new page of notes from Peter Strzok, the former lead FBI agent in the Russia collusion investigation, that are exculpatory to former national security adviser Michael Flynn.

Acting U.S. Attorney Michael Sherwin informed U.S. District Judge Emmet Sullivan of the discovery in a midday court filing, revealing the single page of notes were believed to have been taken by Strzok during the critical juncture of early January 2017 when FBI agents recommended shutting down their investigation of Flynn only to be overruled by FBI superiors.

“This page of notes was taken by former Deputy Assistant Director Peter Strzok. While the page itself is undated; we believe that the notes were taken in early January 2017, possibly between January 3 and January 5,” Sherwin wrote in the motion. The prosecutor said it was possible more documents may be produced to the court.

The page of notes were not made public with the filing because they are currently subject to a protective order.”

Read more:

https://justthenews.com/accountability/russia-and-ukraine-scandals/breaking-doj-reveals-discovery-new-strzok-notes-flynn

 

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General Flynn opposition to amicus brief of Attorney Gleeson, Attorney Powell filed June 17, 2020, “Flynn…singled out for a baseless, politically motivated investigation and prosecution”

General Flynn opposition to amicus brief of Attorney Gleeson, Attorney Powell filed June 17, 2020, “Flynn…singled out for a baseless, politically
motivated investigation and prosecution”

“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

“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

“Under the separation of powers established by the Constitution, criminal charges are brought by the executive branch and adjudicated by the judiciary. Thus, any actual prosecution of Flynn under federal statutes for perjury would have to be brought by the Department of Justice.”…Attorney Leslie McAdoo Gordon

 

From the

GENERAL FLYNN’S BRIEF
IN OPPOSITION TO AMICUS

Filed June 17, 2020 by Attorney Sidney Powell.

“Counsel for General Michael Flynn files this brief to comply with this court’s
order of May 19, 2020. However, we hereby preserve all objections briefed in our
Petition for Writ of Mandamus and all prior filings in this court.1 This court exceeded its authority under the Constitution to solicit amici and to appoint an amicus. That chosen amicus has now engaged in a flagrant personal and partisan assault on General Flynn, Attorney General Barr, and the President of the United States.

This court’s friend simply ignores the indisputable, newly-produced evidence
proving that it is General Flynn who was singled out for a baseless, politically
motivated investigation and prosecution. ECF No. 198. In a rarely-mentioned text message the Government has never produced to General Flynn,2 FBI Agent Strzok reveals that [Bill] Priestap “doesn’t want Clapper giving CR cuts [transcripts on Crossfire Razor, the codename for the Flynn operation] to [the Obama] WH. All political, just shows our hand and potentially makes enemies.” (emphasis added). After Lisa Page’s reminder about including it already in the “doc on fri,” Strzok revealed the ultimate problem: “should we[?], particularly to the entirety of the lame duck usic [United States intelligence community] with partisan axes to grind.” (emphasis added).

The irony and sheer duplicity of Amicus’s accusations against the Justice
Department now—which is finally exposing the truth—is stunning. Amicus’s filing is a “wrap-up smear.” It is an affront to the Rule of Law and a raging insult to the citizens of this country who see the abject corruption in this assassination by political prosecution of General Flynn. This court exuviated any appearance of neutrality when it unlawfully appointed Amicus as its own adversary to make these scurrilous arguments.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.228.0_1.pdf

 

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Attorney John Gleeson for Judge Sullivan Devils Advocate for which devils?, Michael Flynn case, Judge Sullivan cannot charge Flynn with perjury, Deep state desperate

Attorney John Gleeson for Judge Sullivan Devils Advocate for which devils?, Michael Flynn case, Judge Sullivan cannot charge Flynn with perjury, Deep state desperate

“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

“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

“Under the separation of powers established by the Constitution, criminal charges are brought by the executive branch and adjudicated by the judiciary. Thus, any actual prosecution of Flynn under federal statutes for perjury would have to be brought by the Department of Justice.”…Attorney Leslie McAdoo Gordon

 

The Deep State is getting desperate.

They have been exposed in the General Michael Flynn persecution and are about to be indicted by the Justice Dept.

Attorney John Gleeson is representing Judge Emmet Sullivan (and God only knows what other devils of the deep state).

From his Amicus brief filed June 10, 2020.

“B. This Court Should Punish the Defendant’s Perjury by Factoring It into the
Sentence for the False Statements Offense to Which He Has Pleaded Guilty

As set forth above, there is more than sufficient evidence in the record to support theissuance of an Order to Show Cause why Flynn’s false statements do not constitute criminal contempt. That the Court possesses such authority, however, does not mean that the interests of justice require the Court to wield it. Given the case’s posture, with the defendant having entered a guilty plea and awaiting sentencing, the better course is the course typically taken: to decline to
issue an Order to Show Cause and consider the contemptuous conduct in sentencing on the offense of conviction.

This Court has appropriately indicated that it wishes to treat this defendant and this case like any other. See e.g., ECF No. 94 at 7. In cases like these, involving plea-related perjury, courts typically vindicate the interests of the judicial branch by factoring a defendant’s contemptuous conduct into the sentence imposed on the offense of conviction,70 not by holding the defendant in criminal contempt for perjury.71 There is much to be gained—for the judicial system and for our country—by treating the defendant like any other defendant, and this case
like any other case, to the greatest extent possible.

The Department of Justice has a solemn responsibility to prosecute this case—like every other case—without fear or favor and, to quote the Department’s motto, solely “on behalf of justice.” It has abdicated that responsibility through a gross abuse of prosecutorial power, attempting to provide special treatment to a favored friend and political ally of the President of the United States. It has treated the case like no other, and in doing so has undermined the
public’s confidence in the rule of law. I respectfully suggest that the best response to Flynn’s perjury is not to respond in kind. Ordering a defendant to show cause why he should not be held in contempt based on a perjurious effort to withdraw a guilty plea is not what judges typically do. To help restore confidence in the integrity of the judicial process, the Court should return
regularity to that process. And the Court can best do that by denying the government’s Rule 48(a) motion to dismiss, adjudicating any pending motions, proceeding to sentencing, and factoring the defendant’s contemptuous conduct into the appropriate punishment.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.225.0.pdf

General Flynn was never charged with perjury.

His entire prosecution persecution was based on lies and executed illegally.

From Attorney Leslie McAdoo Gordon.

“Sullivan Lacks Authority to Charge Flynn with Perjury

A court issues a show-cause order for contempt as a prelude to possibly punishing a person for alleged misconduct. It describes the misconduct and requires the person to defend against that allegation. It is similar to an indictment except the court, rather than a prosecutor, initiates it. The person receiving a show-cause order must appear and defend the accusation but has certain due process rights, such as the right to notice, the right to counsel, and the right to present a defense.

Sullivan has not yet issued a show-cause order to Flynn, but he has directed Gleeson to advise him as to whether he should do so. The answer is absolutely not, because Sullivan lacks the authority to sanction Flynn for perjury.

Under the separation of powers established by the Constitution, criminal charges are brought by the executive branch and adjudicated by the judiciary. Thus, any actual prosecution of Flynn under federal statutes for perjury would have to be brought by the Department of Justice.”

“Leslie McAdoo Gordon is the principal of McAdoo Gordon & Associates, P.C., founded in 2003. She graduated cum laude from the Georgetown University Law Center in 1996, and is licensed to practice law in Maryland, Virginia, the District of Columbia, and numerous federal trial and appellate courts, including the U.S. Supreme Court. Prior to entering the field of law, Leslie McAdoo Gordon served as a Special Agent for the Department of Defense, Defense Investigative Service (now the Defense Counterintelligence and Security Agency).”

Read more:

https://thefederalist.com/2020/05/18/heres-why-judge-sullivan-cant-legally-punish-michael-flynn-for-perjury/

John Gleeson was appointed as a district judge by Bill Clinton in 1994.

What other “devils'” interests does he represent?

 

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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”

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.”

Read more:

https://www.scribd.com/document/465150398/Flynn-DC-Circuit-Reply-Brief

 

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US Justice Dept response to Judge Sullivan response in Flynn case June 1, 2020, “court should have granted the government’s motion to dismiss”

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).”

Read more:

https://www.scribd.com/document/463961745/CADC-USDOJ-Response-Flynn

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General Flynn case amicus brief filed by Trey Gowdy et al May 28, 2020, “court lacks discretion to deny a rule 48 motion to which the defendant consents”

General Flynn case amicus brief filed by Trey Gowdy et al May 28, 2020, “court lacks discretion to deny a rule 48 motion to which the defendant consents”

“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 OF FEDERAL PRACTITIONERS AS AMICI CURIAE

filed by Trey Gowdy May 28, 2020.

“INTEREST OF AMICI CURIAE
Amici curiae are a bipartisan group of attorneys with extensive experience in
the federal court system, including many who practice criminal law in this and
other federal courts. Some were prosecutors, government attorneys, or judges.
They have an interest in: (1) the proper application of Fed.R.Crim.P 48 in light of
Separation of Powers principles, and (2) the potential triggering of a contempt
proceeding for perjury in cases where a client moves to withdraw a guilty plea or
in cases, civil or criminal, where a client provides testimony which a court may
consider to be false.

“ARGUMENT
I. THE COURT LACKS DISCRETION TO DENY A RULE 48 MOTION
TO WHICH THE DEFENDANT CONSENTS
The issue presented in this case is whether the court has discretion to deny a
motion to dismiss to which the defendant consents, as Gen. Flynn has done here.
The answer is no. Rule 48 must be construed in light of the Constitutional
separation of powers. The D.C. Circuit has done so and has concluded that “the
‘leave of court’ authority gives no power to a district court to deny a prosecutor’s
Rule 48(a) motion to dismiss charges based on a disagreement with the
prosecution’s exercise of charging authority.” U.S. v. Fokker Services B.V., 818
F.3d 733, 742 (D.C. Cir. 2016).

“Rule 48 provides that “[t]he government may, with leave of court, dismiss
an indictment, information, or complaint.” “The words ‘leave of court’ were
inserted in Rule 48(a) without explanation.” Rinaldi v. United States, 434 U.S. 22, 29 n. 15 (1977).3”

“A. The constitutional separation of powers precludes a court from
overriding a prosecutor’s decision to dismiss a prosecution.
Since its 1977 decision in Rinaldi, the Supreme Court has ruled that “an
agency’s decision not to prosecute or enforce, whether through civil or criminal
process, is a decision generally committed to an agency’s absolute discretion.”
Heckler v. Chaney, 470 U.S. 821, 831 (1985). The Court has cautioned that “the
decision to prosecute is particularly ill-suited to judicial review. Such factors as the strength of the case, the prosecution’s general deterrence value, the Government’s enforcement priorities, and the case’s relationship to the Government’s overall enforcement plan are not readily susceptible to the kind of analysis the courts are competent to undertake.” Wayte v. United States, 470 U.S. 598, 607 (1985).
These decisions effectively overrule Cowan and Ammidown.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.212.4_1.pdf

Exhibit A
List of Amici Curiae
1
Dan Backer Federal trial and appellate lawyer
Roy Barrera, Jr. Federal trial and appellate lawyer
Robert J. Bittman Federal trial and Appellate lawyer
Former Deputy Independent Counsel – Whitewater
John Stuart Bruce Federal trial and appellate lawyer
Former (The) United States Attorney, EDNC
Jackie Bennett Federal trial lawyer
Former Deputy Independent Counsel – Whitewater
Former DOJ Attorney (Public Integrity Section)
Former Assistant United States Attorney, SDIN
Margot Cleveland Retired career federal law clerk (7th Circuit)
Ronald D. Coleman Federal trial and appellate lawyer
Eric Evenson Former Assistant United States Attorney, EDNC
Former Chief – Organized Crime/Drug
Enforcement Tas Force, EDNC
Jack C. Frels Former Assistant United States Attorney, SDTX
Former Chief – Criminal Division, SDTX
Former Assistant United States Attorney, WDTX
Former Chief OCDETF/Narcotics Section, WDTX
Chris K. Gober Federal trial lawyer

Steven D. Gordon Federal trial and appellate lawyer
Former Assistant United States Attorney, DDC
Former Chief of Felony Trial, DDC
Trey Gowdy Former Assistant United States Attorney, DSC
Robert Harvey Federal trial and appellate attorney
Former Judge Advocate General, USN
Kenneth Julian Federal criminal trial attorney
Former Assistant United States Attorney, CDCA
Former Deputy Chief, CDCA
Joseph T. Knott, III Federal trial and appellate lawyer
Former Assistant United States Attorney, EDNC
Douglas McCullough Retired Judge, NC Court of Appeals
Former Assistant United States Attorney, EDNC
Former Acting United States Attorney, EDNC
Marina Medvin Career criminal defense attorney
John M. Reeves Federal trial and appellate lawyer
Former Missouri Assistant Attorney General
Wayne A. Rich, Jr. Former (The) United States Attorney, SDWV
Former Principal Deputy Director of the Executive
Office of the United States Attorneys
Former Military Judge, Col USMCR (ret.)

John P. Rowley, III Federal trial and appellate lawyer
Former Assistant United States Attorney, EDVA
Kevin H. Sharp Federal trial and appellate lawyer
Former United States District Judge, MDTN
William Shipley Federal criminal trial and appellate lawyer
Matthew H. Simmons Federal trial and appellate lawyer
Kenneth W. Starr Former Solicitor General of the United States
Former Independent Counsel – Whitewater
Carla Kerr Stearns Federal trial and appellate lawyer
William A. “Bill” Webb Mediator
Former United States Magistrate Judge, EDNC
Former (The) Public Defender, EDNC
Former Chief, OCDETF, EDNC
Former Assistant United States Attorney, EDNC
Former Assistant United States Attorney, WDPA
Solomon L. Wisenberg Federal trial and appellate lawyer
Former Deputy Independent Counsel – Whitewater
Former Assistant United States Attorney, WDTX
Former Chief -Financial Institution Fraud, WDTX
Former Assistant United States Attorney, EDNC

Ronald G. Woods Former (The) United States Attorney, SDTX
Former Assistant United States Attorney, SDTX
Former Special Agent, FBI

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.212.1_1.pdf

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Sidney Powell Writ of Mandamus US v Michael Flynn May 19, 2020, “seeks an order directing the district court to grant the Justice Department’s Motion to Dismiss its criminal case”

Sidney Powell Writ of Mandamus US v Michael Flynn May 19, 2020, “seeks an order directing the district court to grant the Justice Department’s Motion to Dismiss its criminal case”

“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 Sidney Powell 

EMERGENCY PETITION FOR A WRIT OF MANDAMUS

Filed May 19, 2020.

“This petition seeks an order directing the district court to grant the
Justice Department’s Motion to Dismiss its criminal case against former
National Security Advisor to President Trump, Lieutenant General Michael
T. Flynn (Ret.) (“Motion to Dismiss”). ECF No. 198. The Government moved
to dismiss the Information charging a violation of 18 U.S.C. §1001 after an
internal review by United States Attorney Jeffrey Jensen unearthed stunning
evidence of government misconduct and General Flynn’s innocence.

This Court has jurisdiction pursuant to the All Writs Act, which
authorizes federal courts to issue writs “in the aid of their respective
jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C.
§1651(a). The district court’s failure to grant the Government’s Motion to
Dismiss defies this Court’s binding precedent in United States v. Fokker
Servs., B.V., 818 F.3d 733, 740 (D.C. Cir. 2016). The district court’s sua
sponte appointment of an amicus to oppose the Government’s motion and
its Minute Order to issue a schedule for additional amici are at loggerheads
with the unanimous Supreme Court opinion in United States v. SinenengSmith, No. 19–67 (U.S. May 7, 2020).

RELIEF SOUGHT
Petitioner respectfully requests that this Court order the district court
immediately to (1) grant the Justice Department’s Motion to Dismiss; (2)
vacate its order appointing amicus curiae; and (3) reassign the case to
another district judge as to any further proceedings.

ISSUE PRESENTED
Whether the district court exceeded its authority and egregiously
abused its discretion by failing to grant the Government’s Motion to Dismiss
the Criminal Information and, instead, appointing an amicus to oppose the
motion and to propose contempt and perjury charges against General Flynn,
while inviting additional amici.”

Read more:

https://sidneypowell.com/wp-content/uploads/2020/05/Petition-filed.pdf

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Deborah Sines former Assistant United Stated Attorney served subpoena by Attorney Eden Quainton, Aaron Rich v Butowsky et al, Expert witness Larry Johnson

Deborah Sines former Assistant United Stated Attorney served subpoena by Attorney Eden Quainton, Aaron Rich v Butowsky et al, Expert witness Larry Johnson

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

“Ms. Sines’s testimony flatly contradicts the FBI’s claims that (1) it did not investigate matters pertaining to Mr. Rich; (2) it did not examine his computer; and (3) it conducted a “reasonable” search but could not locate any records or communications about Mr. Rich. Specifically, Ms. Sines’s testimony flatly contradicts the affidavit testimony of FBI Section Chief David M. Hardy.”…Attorney Ty Clevenger March 29, 2020

“Plaintiff’s attempt to deflect attention from his attorneys’ massive commitment of resources points to one of the central puzzles in this litigation: why are so many lawyers and their allies in the media and political establishment so committed to stamping out and branding as “lies,” “fake news,” “disinformation,” “contrived narratives,” “concocted stories” any suggesting that Seth or Aaron Rich were involved in transmitting DNC emails to Wikileaks?”…Aaron Rich v Butowsky, et al May 18, 2020

 

From Aaron Rich v Edward Butowsky, et al filed May 18, 2020.

STATUS REPORT UPDATE

“The Status Report filed by Defendants Edward Butowsky and Matthew Couch on May 11, 2020 pursuant to the order of Judge Richard J. Leon, dated April 23, 2020, Dkt. 182, is hereby updated to state that former Assistant United Stated Attorney Deborah Sines has been served with a subpoena for a deposition to be held on June 22, 2020.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.207.0.pdf

EXPERT WITNESS LARRY JOHNSON’S
REPLY TO OPPOSITION TO CROSS-MOTION FOR PROTECTIVE ORDER AND SANCTIONS

“In the introduction Plaintiff insists on casting himself as David to Defendant’s Goliath. This continues to be absurd. Defendant is represented in this litigation by a solo practitioner with a single (and otherwise occupied) associate. Plaintiff, on the other hand, is backed by two of the most profitable law firms in American history, with the combined firepower of two sets of partners, associates, paralegals, secretaries, word processors and tech support staff. Defendant is
truly armed with a slingshot and Plaintiff has not one but an army of javelin throwers.1

That Mr. Butowsky is also being harassed in a separate lawsuit claiming, in a wildly implausible flight of fancy, that he conspired with President Trump to intentionally target a grieving family is of course completely irrelevant. Plaintiff’s attempt to deflect attention from his attorneys’ massive commitment of resources points to one of the central puzzles in this litigation: why are so many lawyers and their allies in the media and political establishment so committed to stamping out and branding as “lies,” “fake news,” “disinformation,” “contrived
narratives,” “concocted stories” any suggesting that Seth or Aaron Rich were involved in transmitting DNC emails to Wikileaks?

The question readily answers itself: the professional, media and political elite are heavily invested in the now debunked Trump-Russia conspiracy theory and are desperate to “squash” – in the words of one of the early FBI investigators responding to alternative theories to their pet Guccifer 2.0 claim – any honest investigation of the origins of the conspiracy theory, including
the evidence-free “assessment” that Russia military intelligence hacked the DNC servers as part of a plot to support Donald Trump.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.206.0.pdf

From Citizen Wells May 14, 2020.

From the Attorney Ty Clevenger letter to ODNI Director Richard Grenell dated May 7, 2020.

“I am reliably informed that the NSA or its partners intercepted at least some
of the communications between Mr. Rich and Wikileaks. Before elaborating on
that, however, I should first note the extent to which the “deep state” has already
tried to cover up information about Mr. Rich. In an October 9, 2018 affidavit
submitted in a Freedom of Information Act lawsuit, FBI section chief David M.
Hardy testified that (1) the FBI did not investigate any matters pertaining to Mr.
Rich, and (2) the FBI was unable to locate any records about Mr. Rich. Both
claims were unequivocally false.”

“On March 20, 2020, I deposed former Asst. U.S. Attorney Deborah Sines,
the prosecutor assigned to the Seth Rich murder case. She testified that (1) the FBI investigated a possible intrusion into Mr. Rich’s electronic accounts; (2) the FBI examined Mr. Rich’s computer; and (3) the FBI did have records pertaining to Mr. Rich. Ms. Sines further testified that she met with a prosecutor and an FBI agent from Mr. Mueller’s team (ergo there should be an FD-302 form from that
interview). Again, this flatly contradicts the FBI’s official narrative that (1) Mr.
Rich was never the subject.””

Read more:

https://citizenwells.com/2020/05/14/seth-rich-conclusive-proof-of-wikileaks-contact-imminent-attorney-ty-clevenger-letter-to-odni-director-richard-grenell-clevenger-v-usdoj/

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Seth Rich conclusive proof of Wikileaks contact imminent, Attorney Ty Clevenger letter to ODNI Director Richard Grenell, Clevenger v USDOJ

Seth Rich conclusive proof of Wikileaks contact imminent, Attorney Ty Clevenger letter to ODNI Director Richard Grenell, Clevenger v USDOJ

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

“Ms. Sines’s testimony flatly contradicts the FBI’s claims that (1) it did not investigate matters pertaining to Mr. Rich; (2) it did not examine his computer; and (3) it conducted a “reasonable” search but could not locate any records or communications about Mr. Rich. Specifically, Ms. Sines’s testimony flatly contradicts the affidavit testimony of FBI Section Chief David M. Hardy.”…Attorney Ty Clevenger March 29, 2020

“Where is Ellen Ratner, key witness in the Seth Rich Wikileaks controversy?”...Citizen Wells

 

From the Attorney Ty Clevenger letter to ODNI Director Richard Grenell dated May 7, 2020.

“I represent Ed Butowsky in the cases identified above, each of which
concerns an overlapping question of fact, namely whether former Democratic
National Committee employee Seth Rich played a role in leaking emails from the
DNC to Wikileaks in 2016. I respectfully request your assistance in de-classifying
National Security Agency records that would settle this question once and for all.

As you are probably aware, Mr. Rich was murdered in Washington, D.C.
shortly after the emails were released, and Julian Assange strongly inferred that
Mr. Rich – rather than Russian hackers – was responsible for sending the emails to Wikileaks. Conversely, Special Counsel Robert Mueller, the FBI, and the
intelligence establishment all have insisted that Mr. Rich played no role in
transferring the emails.

I am reliably informed that the NSA or its partners intercepted at least some
of the communications between Mr. Rich and Wikileaks. Before elaborating on
that, however, I should first note the extent to which the “deep state” has already
tried to cover up information about Mr. Rich. In an October 9, 2018 affidavit
submitted in a Freedom of Information Act lawsuit, FBI section chief David M.
Hardy testified that (1) the FBI did not investigate any matters pertaining to Mr.
Rich, and (2) the FBI was unable to locate any records about Mr. Rich. Both
claims were unequivocally false.”

“On March 20, 2020, I deposed former Asst. U.S. Attorney Deborah Sines,
the prosecutor assigned to the Seth Rich murder case. She testified that (1) the FBI investigated a possible intrusion into Mr. Rich’s electronic accounts; (2) the FBI examined Mr. Rich’s computer; and (3) the FBI did have records pertaining to Mr. Rich. Ms. Sines further testified that she met with a prosecutor and an FBI agent from Mr. Mueller’s team (ergo there should be an FD-302 form from that
interview). Again, this flatly contradicts the FBI’s official narrative that (1) Mr.
Rich was never the subject.”

Now, back to the NSA. Former NSA officials Bill Binney, Ed Loomis, and
Kirk Wiebe are prepared to testify that the DNC emails published by Wikileaks
could not have been obtained via hacking. Markings on the published emails –
including the speeds at which the email files were transmitted – exclude the
possibility of hacking. Instead, someone must have downloaded the files onto a
thumb drive or something similar. Furthermore, the NSA or its Five Eyes partners in London would have intercepted any communications between Mr. Rich and Wikileaks.

I have enclosed an October 4, 2018 letter wherein the NSA refused to
produce 32 pages of records about Seth Rich insofar as those records were
classified. I have also enclosed a November 22, 2019 letter wherein the NSA
declined to produce records in response to a subpoena duces tecum. One of my
consulting experts, Larry C. Johnson, was informed that the NSA possesses
additional communications between Mr. Rich and Wikileaks. Mr. Johnson is
retired from the CIA, and he has spoken with an intelligence official who said
there were additional communications.

Section 1.7 of Executive Order 13526 prohibits the use of classification for
purposes of concealing wrongdoing, and I believe the NSA is trying to conceal
wrongdoing that occurred during the Obama Administration. I respectfully request that you de-classify the NSA’s records about Seth Rich, further directing the NSA to release the records. Releasing the records would certainly help my client, but it would do a lot more than that. Disclosure would go a long way toward exposing the depravity of the “deep state,” and that is long overdue.”

Read more:

https://www.scribd.com/document/460698548/Letter-from-Attorney-Ty-Clevenger-to-Acting-DNI-Richard-Grenell#from_embed

From Clevenger v US Department of Justice filed May 1, 2020 by Attorney Ty Clevenger.

“In his March 29, 2020 Notice (Doc. No. 57), the Plaintiff informed the Court about the March 20, 2020 deposition of former Asst. U.S. Attorney Deborah Sines, and he further told the Court that he would provide a copy of Ms. Sines’s testimony after it became available. The Order was released on April 3, 2020, before the Plaintiff filed the transcript, but he has attached as Exhibit 1 to this motion a true and correct transcript of Ms. Sines’s testimony (hereinafter
“Transcript”).1 The Plaintiff respectfully moves the Court to reconsider the Order, particularly pages 15-19, in light of Ms. Sines’s testimony. Even without her testimony, however, the Plaintiff can establish that the government was not entitled to summary judgment.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.nyed.414614/gov.uscourts.nyed.414614.60.0.pdf

An order was filed yesterday May 13, 2020.

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Emmet Sullivan Flynn judge should be removed from bench, Michael Cernovich  filing ethics complaint, “acting as a politician, not a judge.”

Emmet Sullivan Flynn judge should be removed from bench, Michael Cernovich  filing ethics complaint, “acting as a politician, not a judge.”

“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 United States v Michael Flynn May 12, 2020.

“MINUTE ORDER as to MICHAEL T. FLYNN. Given the current posture of this case, the Court anticipates that individuals and organizations will seek leave of the Court to file amicus curiae briefs pursuant to Local Civil Rule 7(o).”

“Accordingly, at the appropriate time, the Court will enter a Scheduling Order governing the submission of any amicus curiae briefs. Signed by Judge Emmet G. Sullivan on 5/12/2020. (lcegs3)”

https://www.courtlistener.com/docket/6234142/united-states-v-flynn/?page=2

From Fox News.

“Flynn judge to allow ‘amicus’ submissions, delaying immediate resolution and drawing planned ethics complaint

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating he’ll soon accept “amicus curiae,” or “friend of the court” submissions, in the case of former national security adviser Michael Flynn — drawing immediate scrutiny and a planned ethics complaint against Sullivan, who had previously refused to hear amicus briefs in the case.

Sullivan’s order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipated that “individuals and organizations” will file briefs “for the benefit of the court,” as he prepares to rule on the government’s motion to dismiss the case.

“Judge Sullivan, who denied leave to file amicus briefs when he knew third parties would have spoken favorably of Flynn, now solicits briefs critical of Flynn,” independent journalist Michael Cernovich wrote on Twitter Tuesday evening. “This is a violation of the judicial oath and applicable ethical rules. We will be filing a complaint against Sullivan. … [He] is acting as a politician, not a judge.””

“The Federalist’s Sean Davis responded: “This is who Emmet G. Sullivan, the judge in Flynn’s case, is allowing to hijack a case which both the defense and the government prosecution wish to dismiss because the case was tainted by corruption from the beginning. Pathetic.”

Davis added that Sullivan was letting “left-wing lawyers write his final order against Flynn for him.”

Flynn’s attorney, Sidney Powell, echoed those arguments. “The proposed amicus brief has no place in this Court,” Powell wrote. “No further delay should be tolerated or any further expense caused to him and his defense.””

Read more:

https://www.foxnews.com/politics/judge-in-flynn-case-to-open-up-case-for-amicus-submissions

Enough is enough!

Judge Sullivan should be removed from the bench.

More here:

https://citizenwells.com/

http://citizenwells.net/