Category Archives: Attorneys

Unequivocal proof FBI hiding Seth Rich records, Attorney Ty Clevenger letter to US Attorney John Durham, Criminal Complaint January 27, 2020

Posted on January 28, 2020 | 19 comments

Unequivocal proof FBI hiding Seth Rich records, Attorney Ty Clevenger letter to US Attorney John Durham, Criminal Complaint January 27, 2020

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

“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 Attorney Ty Clevenger January 27, 2020.

“We now have unequivocal proof that the FBI is hiding records about Seth Rich

The FBI is hiding documents about murdered Democratic National Committee employee Seth Rich, according to emails released last week, so this morning I requested a criminal investigation into the cover-up.

As most people outside of solitary confinement know, the whole “Russian collusion” investigation began with the premise that Russia hacked the DNC, but considerable evidence suggests that the DNC emails were downloaded by someone inside the DNC — liike Mr. Rich — and then provided to Wikileaks.

Rather than re-invent the wheel, I’ve copied and pasted my letter to U.S. Attorney John Durham, U.S. Attorney Richard Donoghue, and Inspector General Michael Horowitz:

Mr. Durham, Mr. Donoghue and Mr. Horowitz:

I wish to file a criminal complaint regarding false statements made by FBI Section Chief David M. Hardy in two affidavits [click here and here] filed in the FOIA case identified above [i.e., Ty Clevenger v. U.S. Department of Justice, et al., Civil Action No. 18-CV-01568]. I requested FBI records pertaining to Seth Rich, who allegedly was the source of Democratic National Committee emails published by Wikileaks in 2016 (rather than Russian hackers). In the affidavits (attached to the email version of this letter), Mr. Hardy testified that his office conducted a reasonable search, and it found no responsive records.

New evidence proves otherwise, and it appears that Mr. Hardy has perpetrated a fraud on the court. Judicial Watch recently published documents that it obtained in response to a FOIA request for communications between former FBI agent Peter Strzok and former FBI attorney Lisa Page (https://www.judicialwatch.org/wp-content/uploads/2020/01/JW-v-DOJ-Strzok-Page-Prod-16-00154.pdf), and I would direct your attention to pages 123-125. In those pages, you will find a heavily-redacted email discussion regarding Mr. Rich.  Note that the header on those emails is “Seth Rich.”

I defy Mr. Hardy to provide an innocent explanation for his office’s failure to produce these emails, and I suspect the misconduct reaches far beyond my specific FOIA request. Several facts are worth noting:

* Mr. Hardy touts the reasonableness of relying on the FBI’s Central Records System (“CRS”), but note that CRS does not search the FBI email system. That sort of half-baked, designed-to-fail search methodology would never be tolerated in litigation among private parties, yet it appears to be standard operating procedure at the FBI. And note that when I asked the FBI to search its email systems, it arbitrarily refused.

* Mr. Hardy’s staff purportedly searched for “Seth Conrad Rich” but failed to search for “Seth Rich,” another tactic designed to exclude responsive records.

* According to Mr. Hardy’s affidavit, the only records indexed by CRS are those that are manually designated by FBI personnel. Undoubtedly, FBI personnel know that they can immunize their email communications from FOIA requests simply by omitting the subject matter from the CRS, because Mr. Hardy will subsequently declare (1) that a CRS search is sufficient and (2) there is no need to conduct an email search.

I have previously written to Mr. Durham regarding evidence that the FBI was hiding information about Mr. Rich, and I have attached a December 13, 2019 order issued in Butowsky v. Folkenflik, Case No. 4:18-cv-00442-ALM-CMC (E.D. Tex.). Please see pages 23-29 in particular. Finally, I have attached an October 8, 2019 reply in the FOIA case, and it notes a previous occasion wherein Mr. Hardy provided inaccurate information to a court.”

 

Read more:

http://lawflog.com/?p=2282

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

19 Comments

Posted in Attorney General, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Courts, FBI, Seth Rich, US Department of Justice

Tagged , , ,

Flynn supplemental sentencing memorandum January 22, 2020, “Mr. Flynn told the government the truth about every question it asked him”

Posted on January 23, 2020 | 30 comments

Flynn supplemental sentencing memorandum January 22, 2020, “Mr. Flynn told the government the truth about every question it asked him”

“John Adams was right: “facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” The government tried to manufacture facts in the Rafiekian case and they thought they could strongarm Mr. Flynn into helping them through perjury. But they underestimated the will and courage
of Michael T. Flynn, a man that bravely and selflessly spent his life protecting his fellowAmericans. In considering the whole story of this man and his sacrifices, the Court should impose no more than a sentence of probation.”...Attorney Sidney Powell motion January 22, 2020

“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 General Michael Flynn supplemental sentencing memorandum January 22, 2020.

“This Court should swiftly reject the government’s brazen attempt to punish Mr. Flynn for refusing to compose rather than sing. 1 The reversal of its sentencing position is not only unjust, itis unlawful. If left unchecked, it will send a dangerous message to cooperators – give testimony consistent with the government’s theory of the case, regardless of veracity, or pay the price with
your freedom.

The government also continues its campaign to hold Mr. Flynn responsible for false statements in a FARA filing. It ignores the facts in its possession as well as the decision of another court. Any misstatements in the March 2017 FARA filing at issue were not the fault of Mr. Flynn. He gave his lawyers complete and accurate documents and information. Moreover, he did his part
to make sure any FARA filing was accurate. The FARA statements listed in the Statement of Offense (ECF No. 4) are either not false or not attributable to Mr. Flynn.2

Mr. Flynn dedicated his life to serving his country. While the defendants in other cases cited by the government were working to benefit themselves, Mr. Flynn wrote a blank check on his life and put himself in harm’s way for more than five years in foreign deployments and thirtythree years of service to protect all Americans. He has touched the lives of countless people in the
process, many of whom wrote letters to the Court on his behalf. For the reasons set forth in this supplemental memorandum and Mr. Flynn’s initial sentencing brief (ECF No. 50), Mr. Flynn should receive a sentence, if any, 3 of probation and community service.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.156.0_1.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

30 Comments

Posted in Attorney General, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil Complaint, Courts, FBI, US Department of Justice

Tagged , ,

Flynn original FBI 302 witness found, Sidney Powell: “witness who says the original 302 did in fact say that Flynn was honest with the agents.”

Posted on January 18, 2020 | 15 comments

Flynn original FBI 302 witness found, Sidney Powell: “witness who says the original 302 did in fact say that Flynn was honest with the agents.”

“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

“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 Gateway Pundit January 17, 2020.

“HUGE! Attorney Sidney Powell: We Now Have a Witness to the Original 302 Who Says Flynn Was Honest with the Agents (AUDIO)

Sidney Powell filed a motion in October revealing that General Flynn was indeed set up by the FBI with an ambush, damaging leaks and altered 302 reports.

Powell revealed that former FBI lawyer Lisa Page EDITED General Mike Flynn’s 302 report, then lied to the DOJ about the edits.

A 302 summary report consists of contemporaneous notes taken by an FBI agent when interviewing a subject.

“Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she edited Mr. Flynn’s 302 and was part of a small, high-level group that strategically planned his ambush.” the filing said.”

“Sidney Powell:  “And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”

And yet the government is withholding this evidence!”

Read more:

https://www.thegatewaypundit.com/2020/01/huge-attorney-sidney-powell-we-now-have-a-witness-to-the-original-302-who-says-flynn-was-honest-with-the-agents-audio/

Sidney Powell on The Larry O’Connor Show 01.16.2020

https://omny.fm/shows/the-larry-o-connor-show/sidney-powell-on-the-larry-oconnor-show-01-16-2020

 

More here:

https://citizenwells.com/

http://citizenwells.net/

15 Comments

Posted in Accountability, Attorney General, Attorneys, Barack Obama, Bill of Rights, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, Courts, FBI, US Department of Justice

Tagged ,

Flynn Supplemental Brief In Support of motion to withdraw plea of guilty, January 16, 2020, To clarify Van Grack’s responsibility for redline draft

Posted on January 17, 2020 | 4 comments

Flynn Supplemental Brief In Support of motion to withdraw plea of guilty, January 16, 2020, To clarify Van Grack’s responsibility for redline draft

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“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 General Michael Flynn

SUPPLEMENTAL BRIEF
IN SUPPORT OF MOTION TO WITHDRAW PLEA OF GUILTY.

“Michael T. Flynn “Mr. Flynn” submits this supplemental brief to clarify and supplement his Motion to Withdraw Plea of Guilty.
To clarify the sequence of events, especially Mr. Van Grack’s responsibility for the redline draft that deleted the assertion that Mr. Flynn “then and there knew” there were “false statements” in the FARA registration form, ECF No. 151 at 12, also attached here as Exhibit 1 (highlighting added). The defense provides the following emails (attached as Exhibits 2-4):
• Monday, Nov. 27, 2017, at 6:21 pm: Brandon Van Grack sent the proposed plea
documents to Covington & Burling LLP (“Covington”) lawyers.
• Monday, Nov. 27, 2017, at 6:31 pm: Robert Kelner passed the draft plea documents to the Covington team.
• Tuesday, Nov. 28, 2017, there was no email traffic on these issues found even
internally throughout Covington team members and Mr. Van Grack.
• Wednesday, Nov. 29, 2017, at 8:55 am: Brandon Van Grack sent Robert Kelner and Steve Anthony an updated, PDF redlined version of the plea documents, that deleted “as he then and there knew” (this deleted the only language that implicated Mr. Flynn with any knowledge of any “false statements” in the FARA registration when he signed t).
• Wednesday, Nov. 29, 2017, at 7:49 pm: Brandon Van Grack wrote to Covington that he could not send the signed documents that night. 1

The import of this is that the Special Counsel’s Office (“SCO”) and Mr. Van Grack in particular knew full well that Mr. Flynn had consistently maintained that he did not know the FARA filings were false when he signed them, and during the plea process, Mr. Flynn had refused to sign a statement that said he did.

Even though Mr. Van Grack and SCO deleted that crucial language themselves, and Mr. Van Grack transmitted it back to Covington, Mr. Van Grack exploded at Mr. Flynn’s new counsel in the EDVA when she advised that Mr. Flynn would not lie and testify that he knowingly and intentionally signed a FARA registration containing any known “false statements.” Every step
Mr. Van Grack, Mr. Turgeon, and other prosecutors have taken against Mr. Flynn since that moment has been retaliatory, vindictive, and in bad faith—including the government’s about-face in its sentencing memorandum of January 7, 2020. 2

Shockingly, this evinces the strong inference the prosecutors themselves conspired to cause Mr. Flynn to make false statements in violation of 18 U.S.C. §1001, and they conspired and encouraged the subornation of perjury as they tried to force Mr. Flynn to say he lied to his lawyers when they knew their narrative was false and the FARA registration was correct.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.153.0_1.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

4 Comments

Posted in Attorney General, Attorneys, Barack Obama, Bill of Rights, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, Courts, FBI, US Department of Justice

Tagged , , ,

Michael Flynn prosecutor Van Grack Committed Subornation of Perjury, Pushed General Flynn to Commit Perjury, Attorney Sidney Powell on Lou Dobbs show

Posted on January 16, 2020 | 10 comments

Michael Flynn prosecutor Van Grack Committed Subornation of Perjury, Pushed General Flynn to Commit Perjury, Attorney Sidney Powell on Lou Dobbs show

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“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 Gateway Pundit.

“HUGE: Attorney Sidney Powell Just Caught DOJ Prosecutor Van Grack Committing Subornation of Perjury – Pushing Gen. Flynn to Commit Perjury!”

“On Wednesday Sidney Powell broke the news that her team has found evidence of the Deep State Prosecutor Brandon Van Grack committed subornation of perjury by pushing General Michael Flynn to commit perjury on the court.

Sidney Powell made the claims tonight on Lou Dobbs.”

“Attorney Sidney Powell:   We have evidence now that they were actually trying to force Mr. Flynn to lie to a jury and a judge in the Eastern District of Virginia last year last summer and they knew that’s what they were trying to do then.. We have a red lined document showing Mr. Van Grack himself transmitted to Covington, the Special Prosecutor from Special Counsel’s task force, who’s still running this prosecution … And has a history.  He was with Mr. Weissmann on the Special Counsel operation and determined to take down General Flynn because that was their path to the president.   They had to prosecute Flynn to try to pursue the obstruction mess.”

“Sidney Powell: What I am seeing and finding by the day is an absolute outrage.  What my three colleagues found before coming over here is that Mr. Van Grack actually changed the language in the statement of offense they created against General Flynn and knew that.  So when he tried to… when he said last summer that he wanted Flynn to testify to something he knew because he did it himself that it wasn’t true.  And if that isn’t subornation of perjury, I don’t know what is… And now they want to punish him (General Flynn) for not lying in his sentencing.”

Read more:

https://www.thegatewaypundit.com/2020/01/huge-attorney-sidney-powell-just-caught-doj-prosecutor-van-grack-committing-subornation-of-perjury-pushing-gen-flynn-to-commit-perjury/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

10 Comments

Posted in Attorney General, Attorneys, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, Courts, FBI, US Department of Justice

Tagged , ,

Flynn motion to withdraw guilty plea, Government’s bad faith, vindictiveness, and breach of the plea agreement, Significant developments in the last thirty days 

Posted on January 15, 2020 | 9 comments

Flynn motion to withdraw guilty plea, Government’s bad faith, vindictiveness, and breach of the plea agreement, Significant developments in the last thirty days

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“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 General Michael Flynn

MOTION TO WITHDRAW PLEA OF GUILTY
AND UNOPPOSED MOTION FOR CONTINUANCE.

“Michael T. Flynn (“Mr. Flynn”) hereby moves to withdraw his plea because of the government’s bad faith, vindictiveness, and breach of the plea agreement. See ECF No. 150. Mr. Flynn also requests a continuance of the sentencing date set for January 28, 2020, for thirty days or until February 27, 2020, or such other subsequent day that is convenient to the Court and counsel, and a corresponding extension of time to file any supplemental sentencing memorandum (from January 22, 2020, to February 21, 2020). The continuance is requested to allow time for the government to respond to the most recent aspects of this Motion and for Mr. Flynn to provide the additional briefing he needs to protect the record and his constitutional rights in light of significant developments in the last thirty days.

Mr. Flynn’s counsel conferred with the government about the continuance requested herein beginning the morning of January 10, 2020, and provided a letter yesterday to include as the Certificate of Conference. The government’s timely response is attached as the Certificate of Conference. Since that conference, Mr. Flynn has instructed counsel to request withdrawal of his
plea because of the government’s breach of the plea agreement. Accordingly, pursuant to Puckett v. United States, 556 U.S. 129 (2009),1 Mr. Flynn files this Motion now in the interest of justice.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.151.0_1.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

9 Comments

Posted in Attorney General, Attorneys, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, Courts, FBI, US Department of Justice

Tagged , , , ,

Kevin Shipp CIA Deep State Shadow Government whistleblower warning, Hillary Brennan et al fear Trump win prosecution, Voter fraud coming

Posted on January 13, 2020 | 7 comments

Kevin Shipp CIA Deep State Shadow Government whistleblower warning, Hillary Brennan et al fear Trump win prosecution, Voter fraud coming

“Mark Zaid, the John Podesta, Clinton and Schumer-linked attorney who founded the anti-Trump nonprofit ‘Whistleblower Aid’ in 2017, tweeted “It’s very scary. We will get rid of him, and this country is strong enough to survive even him and his supporters. We have to.”…Zero Hedge Nov 7, 2019

“Judicial Watch Finds Millions of ‘Extra’ Registrants on Voting Rolls – Warns California, Pennsylvania, North Carolina, Colorado, Virginia to Clean Up Voting Rolls or Face a Federal Lawsuit”…Jan 2, 2020

“If This Story Gets Out, We Are Screwed”…Wikileaks: Doug Band to John Podesta

 

From Greg Hunter at USA Watchdog.

“Shipp is also an expert on the Deep State Shadow Government. Shipp says things are “quiet” on the prosecution of the failed coup plotters who tried to remove President Trump, but ‘that is a good thing.’ Shipp says, “The evidence is already there to pass an indictment on Hillary Clinton and some of the others. So, there is not even an investigation in that regard. . . . Barr’s investigation is now a criminal investigation. They are trying to get a hold of Brennan’s (former CIA Director) emails and correspondence, through subpoenas, during this soft coup, and it looks like they are in the middle of that now, so, hence the silence. They are quiet now and that is a frustrating thing about any investigation. . . .They can’t come out and reveal where they are heading, especially when it comes to the CIA and intelligence agencies. You can’t tip your hand to the person you are investigating. Then they start destroying documents, and people start getting afraid and start covering things up.”

Shipp says the Democrats know they most likely will not win back the White House in the upcoming Presidential election. Shipp contends, “Their chance of winning in 2020, especially now with Trump’s success, is getting slim, and they are getting desperate. When they get desperate, and they have done this before, I think we can count on voter fraud. They are going to have to use it, and they have used it before. In any event, they have very little chance of winning now, in my view, because the majority of Americans find their platform distasteful. So, I think this (voter fraud) is going to happen.”

Shipp says the Deep State is worried that Trump will have a second term. Shipp says, “I think they (Deep State) are in a state of shock. They want to get rid of Trump because for the first time in their careers, they can be prosecuted for what they have done. I think they are afraid of that, and that’s why John Brennan and others are coming out as mocking birds on CNN and MSNBC and constantly attacking the President.””

Read more:

https://usawatchdog.com/iranian-sleeper-cells-will-attack-america-kevin-shipp/

From Kevin Shipp.

“There are three defining issues that reveal whether the Deep State has been exposed and is being deconstructed: The Hillary Clinton email and Clinton Foundation DOJ investigations, the Jeffrey Epstein investigation and the DOJ investigation into the Russia collusion hoax. It now appears the DOJ is shutting down the Clinton investigation, with no indictment and the Epstein trafficking/espionage/blackmail investigation is going nowhere. So far, none of the dirty cops and intelligence officials that engaged in sedition against a sitting president have been indicted. This is a defining moment and a wake-up call to Constitution loving Americans.”

Bio.

“His assignments included protective agent for the Director of the CIA, counterintelligence investigator searching for moles inside the CIA, overseas counter terrorism operations officer, internal security investigator, assistant team leader for the antiterrorism tactical assault team, chief of training for the CIA federal police force and polygraph examiner. Mr. Shipp was the senior program manager for the Department of State, Diplomatic Security, Anti-Terrorism Assistance global police training program. He is the recipient of two CIA Meritorious Unit Citations, three Exceptional Performance Awards and a Medallion for high risk overseas operations. He holds a master’s degree in forensic psychopysiology. Mr. Shipp is the author of the best-selling book, From the Company of Shadows – an expose’ on CIA operations and the abuse of government secrecy.  Mr. Shipp has come out to expose what he calls, “The Shadow Government,” the massive system of secrecy and corruption that controls the elected US government behind the scenes. His speeches have received standing ovations.”

Read more:

https://www.fortheloveoffreedom.net/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

7 Comments

Posted in Accountability, Attorney General, Attorneys, Barack Obama, CIA, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, Clintons, FBI, Hillary Clinton, Obama, Obama administration, Obama indictment, Obama lies, The Case Against Barack Obama, US Department of Justice

Tagged , ,

Sharyl Attkisson US Dept. of Justice lawsuit experience echoes Attorneys Sidney Powell and Ty Clevenger discovery attempts, Corrupt USDOJ and judges, Judge Wynn dissenting opinion

Posted on January 11, 2020 | 11 comments

Sharyl Attkisson US Dept. of Justice lawsuit experience echoes Attorneys Sidney Powell and Ty Clevenger discovery attempts, Corrupt USDOJ and judges, Judge Wynn dissenting opinion

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“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 Sharyl Attkisson appeal decision of March 21, 2019.

Judge Wynn dissenting opinion.

“In this case, the government—not unlike Dean Smith’s Tar Heels—put up the “fours” when Plaintiff-Appellant Sharyl Attkisson,3 a journalist formerly employed by CBS News, filed suit against unnamed employees and agents of the federal government (the “Doe Defendants”). Attkisson alleged that the Doe Defendants conspired to violate her constitutional and statutory rights by accessing and commandeering her home and work internet-connected devices for surveillance purposes. But Attkisson never got a meaningful opportunity to pursue her claims because the government did everything in its power to run out the clock on Attkisson’s action—it filed motions challenging venue and jurisdiction, motions challenging the sufficiency of service, motions for extension of time, motions to dismiss, and motions for protective orders.

And just as the Tar Heels had great success running the Four Corners, the government’s strategy worked. Although Attkisson diligently sought to identify the Doe Defendants for nearly four years—including by repeatedly serving discovery on the government and third-parties directed at identifying the Doe Defendants—the district court dismissed her case with prejudice against the Doe Defendants for failing to comply with a court order to identify the names of the Doe Defendants by a date certain. The district court did so even though the government’s delaying tactics deprived Attkisson of any meaningful opportunity to engage in the discovery necessary to identify the Doe Defendants.

The majority opinion affirms the district court’s dismissal of Attkisson’s claims against the Doe Defendants on grounds that the dismissal constituted a permissible exercise of the court’s discretion to oversee discovery and sanction a party for failing to comply with a court order. But this Court long has held that plaintiffs—like Attkisson—who state a plausible claim that unnamed defendants violated their constitutional or statutory rights are entitled to a meaningful opportunity to engage in discovery aimed at identifying the “true identity of an unnamed party.” Schiff v. Kennedy, 691 F.2d 196, 197–98 (4th Cir. 1982). And this Court has held that dismissal of an action for failure to comply with a court order is a “drastic” sanction, Hillig v. C.I.R., 916 F.2d 171, 174 (4th Cir. 1990), that courts should impose only in “extreme circumstances,” Reizakis v. Loy, 490 F.2d 1132, 1135 (4th Cir. 1974).

Because the government deprived Attkisson of a meaningful opportunity to identify the Doe Defendants and the district court never determined that the requisite “extreme circumstances” were present to warrant dismissal for failure to comply with a court order, I disagree with the majority opinion’s determination that the district court permissibly exercised its discretion in dismissing Attkisson’s claims against the Doe Defendants. Not only should we disapprove of the tactics the government used to run out the clock on Attkisson’s claims, but we should also reject the troubling “game plan” it provided for the government and private parties to prevent disclosure of—and, therefore, responsibility for—their potentially unconstitutional or illegal electronic surveillance activities. Accordingly, I respectfully dissent as to the dismissal of Attkisson’s claims against the Doe Defendants.”

Read more:

https://cases.justia.com/federal/appellate-courts/ca4/18-1677/18-1677-2019-03-21.pdf?ts=1553194819

Just as in the General Michael Flynn case, represented by Attorney Sidney Powell and the Seth Rich controversies involving Ed Butowsky, represented by Attorney Ty Clevenger, we have the US Justice Dept. not cooperating in discovery and withholding crucial information as well as corrupt/incompetent judges not upholding the US Constitution.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

11 Comments

Posted in Accountability, Attorney General, Attorneys, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil Complaint, Civil rights, constitution, Court of Appeals, Courts, FBI, US Constitution, US Department of Justice

Tagged , ,

Michael Flynn prosecution Sentencing Memorandum January 7, 2020, Justice Dept. ignoring revelations?, Attorney Sidney Powell response forthcoming

Posted on January 7, 2020 | 7 comments

Michael Flynn prosecution Sentencing Memorandum January 7, 2020, Justice Dept. ignoring revelations?, Attorney Sidney Powell response forthcoming

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“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 UNITED STATES’ SUPPLEMENTAL MEMORANDUM IN AID OF SENTENCING

UNITED STATES OF AMERICA
v.
MICHAEL T. FLYNN

“In anticipation of that hearing, the parties filed sentencing memoranda. As part of its submission, the government requested that the Court grant a downward departure for providing substantial assistance to the government. The government provided a detailed accounting of the defendant’s assistance to the government in several ongoing investigations, including the investigation by the Special Counsel’s Office (“SCO”). See Addendum to Government’s
Memorandum in Aid of Sentencing, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 19, 2019) (Doc. 146) (“Addendum”). Notably, only the assistance he had provided in the Rafiekian case was deemed “substantial.” Id. at 2. The government recognized that “some of that benefit [of the defendant’s substantial assistance] may not be fully realized at this time,” but it represented that the government and the defendant “agree that sentencing at this time is
nonetheless appropriate because sufficient information is available to allow the Court to determine the import of the defendant’s assistance to his sentence.” Id. at 2. In addition to asking the Court to credit the defendant with providing substantial assistance, the government recommended that the defendant receive credit for accepting responsibility. For the reasons detailed below, the government now withdraws both requests.”

“The government submits that under the Guidelines, the appropriate total offense level is six, which based on the defendant’s criminal history category of I, results in a Guidelines range of 0 to 6 months of incarceration and a fine of $1000-$9500. With respect to other relevant Guidelines provisions, the Court should consider the defendant’s lies to the DOJ in connection with his FARA filings as relevant conduct for the purpose of determining his sentence within the
applicable Guidelines range under U.S.S.G. §§ 1B1.3 and 1B1.4. Based on the assertions made in recent defense filings, and absent the defendant clearly and credibly disavowing those assertions during a colloquy with the Court at the sentencing hearing, the defendant is not entitled to credit under U.S.S.G. § 3E1.1(a) for accepting responsibility. Finally, the government
is no longer moving for a departure under U.S.S.G. § 5K1.1 for providing substantial assistance to the government. ”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.150.0_1.pdf

So, instead of dismissing the fraudulent case against General Michael Flynn for prosecutorial and Justice Dept. misconduct, they are doubling down on him.

Can’t wait to read the Attorney Sidney Powell response.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

7 Comments

Posted in Attorney General, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, Courts, Seth Rich, US Department of Justice

Tagged , , ,

Prosecutorial misconduct and coercive plea bargaining, General Flynn case clear example, US Justice Dept. proven misconduct, Judge Sullivan biased and/or incompetent?

Posted on December 17, 2019 | 10 comments

Prosecutorial misconduct and coercive plea bargaining, General Flynn case clear example, US Justice Dept. proven misconduct, Judge Sullivan biased and/or incompetent?

“The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken.  It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. “…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 23, 2019

“The criticism in the opinion will likely deepen the unease of Flynn in having the sentencing under Judge Sullivan. However, the court said that it will proceed with precisely such a hearing on January 28, 2020.”… Jonathan Turley

 

We have the most widespread documented case of US Justice Department corruption and prosecutorial misconduct in US history.

General Michael Flynn is a victim.

We have a judge, Emmet Sullivan, who has just ruled in the corrupt prosecution’s favor. Ignoring the documented misconduct that has been revealed and persecuting Flynn’s highly competent attorney, Sidney Powell.

Prosecutorial misconduct leading to coerced plea deals is apparently common.

From The Cato Institute August 8, 2019.

“Prisons Are Packed Because Prosecutors Are Coercing Plea Deals. And, Yes, It’s Totally Legal.”

“According to a recent study from the Pew Research Center, of the roughly 80,000 federal prosecutions initiated in 2018, just two percent went to trial. More than 97 percent of federal criminal convictions are obtained through plea bargains, and the states are not far behind at 94 percent. Why are people so eager to confess their guilt instead of challenging the government to prove their guilt beyond a reasonable doubt to the satisfaction of a unanimous jury?

The answer is simple and stark: They’re being coerced.

Though physical torture remains off limits, American prosecutors are equipped with a fearsome array of tools they can use to extract confessions and discourage people from exercising their right to a jury trial. These tools include charge-stacking (charging more or more serious crimes than the conduct really merits), legislatively-ordered mandatory-minimum sentences, pretrial detention with unaffordable bail, threats to investigate and indict friends or family members, and the so-called trial penalty — what the National Association of Criminal Defense Lawyers calls the “substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a trial.”

Of coercive plea bargaining’s many problems, two are particularly concerning.

The first is false convictions. Though it was once believed that a confession in open court — a guilty plea — was proof-positive of a person’s guilt, we now know that simply isn’t true.”

“The other big problem with coercive plea bargaining is that it helps cover up an untold amount of prosecutorial misconduct. Even in the federal system, where prosecutors are held to a relatively higher standard, there has been a surprising amount of misconduct in the handful of cases that end up going to trial.

The most notorious example is the failed 2008 prosecution of then-Sen. Ted Stevens, R-Alaska, who, after refusing a one-count guilty plea to one felony charge with no jail time, was indicted on seven counts of failing to report gifts on his financial disclosure forms after allegedly paying an insufficient amount for the renovation of his house in Alaska.

After the jury voted to convict but before Stevens was sentenced, the star witness against him recanted part of his testimony in a letterand an FBI whistleblower disclosed a pattern of deliberate, systematic cheating by prosecutors that has since been documented in a 500-page document called the Schuelke Report. The Justice Department then asked the judge to dismiss the indictment. Had Stevens taken the plea, none of the prosecutorial misconduct or exculpatory evidence in his case might ever have been revealed.”

Read more:

https://www.cato.org/publications/commentary/prisons-are-packed-because-prosecutors-are-coercing-plea-deals-yes-its

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

10 Comments

Posted in Accountability, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, Courts, FBI, Prosecution, US Constitution, US Department of Justice

Tagged , , ,