Category Archives: Civil rights

Strzok v Barr DOJ documents released, Peter Strzok lawsuit, Attorney General Barr motion to dismiss, “grave risks to the Bureau’s institutional interests and basic integrity.”

Strzok v Barr DOJ documents released, Peter Strzok lawsuit, Attorney General Barr motion to dismiss, “grave risks to the Bureau’s institutional interests and basic integrity.”

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

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

“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 Peter Strzok v. William Barr Attorney General.

MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT AS TO COUNT ONE AND COUNT TWO, AND MOTION FOR SUMMARY JUDGMENT AS TO COUNT THREE

Filed November 18, 2019.

“Yet, as the FBI was placing enormous trust in Plaintiff and giving him substantial authority over some of the most important investigations in recent memory, he committed a series of serious and sustained lapses in judgment. In particular, a Department of Justice (“Department”) Office of the Inspector General (“OIG”) investigation found that Plaintiff had exchanged over 40,000 text messages with an FBI attorney (“Government Attorney” or “GA”) on their government-issued phones, among them texts written in 2016 in which Plaintiff called the President—at that time, still a candidate for President—a “disaster” and suggested that “[w]e’ll stop” him from taking office. And in a text he wrote in 2017—after the President had taken office and during Plaintiff’s tenure as a lead investigator for Special Counsel Robert Mueller’s team—Plaintiff described his
own “sense of unfinished business.” As he wrote to the Government Attorney in that text: “I unleashed it with [the Clinton email investigation]. Now I need to fix it and finish it. . . . Who gives a f*ck, one more A[ssistant] D[irector] . . . [versus] [a]n investigation leading to impeachment?”

“The statements made in those and similar text exchanges involved matters of public concern. But when made by an FBI Special Agent—especially a member of the Bureau’s senior leadership—in the context of active investigations over which that Special Agent had official responsibility, these messages posed grave risks to the Bureau’s institutional interests and basic integrity. The lapses in judgment embodied in those messages and others like them risked undermining public confidence in two of the Bureau’s highest-profile investigations. And even
more broadly, those lapses in judgment risked damaging the public trust in the FBI as a nonpartisan, even-handed, and effective law enforcement institution—trust that is essential to the FBI’s ability to vigorously enforce the nation’s laws without fear or favor.”

““As I considered the facts associated with the adjudication of your case, I could not recall another incident like yours that brought such discredit on the organization. In my 23 years in the FBI, I have not seen a more impactful series of missteps that has called into question the entire organization and more thoroughly damaged the FBI’s reputation. In our role as FBI employees
we sometimes make unpopular decisions, but the public should be able to examine our work without having to question our motives.” ”

Read more:

https://www.courtlistener.com/docket/16020887/strzok-v-barr/

Read the released documents if you can stomach it.

This is some of the most disgusting, biased and yes evil wording I have witnessed.

https://www.scribd.com/document/435752237/Strzok-v-Barr-DOJ-DE-30-5

 

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Julian Assange extradition case: Lady Emma Arbuthnot Westminster chief magistrate no longer presiding, Multiple conflicts of interest

Julian Assange extradition case: Lady Emma Arbuthnot Westminster chief magistrate no longer presiding, Multiple conflicts of interest

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

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

“Attorney General Barr: Julian Assange is the key witness who can prove the Russians did not hack the DNC servers. Assange knows the source of the leak. He is deteriorating in Belmarsh Prison in England. Protect Assange.”…Citizen Wells

 

From Consortium News.

“Arbuthnot Out as Assange’s Judge, Says WikiLeaks Lawyer Jen Robinson

UPDATED: WikiLeaks lawyer Jen Robinson said Lady Emma Arbuthnot, the judge presiding over Julian Assange’s extradition proceedings who is embroiled in a conflict of interest, will no longer be sitting on the case.

Lady Emma Arbuthnot, the Westminster chief magistrate enmeshed in a conflict of interest, will no longer be presiding over the extradition proceedings of imprisoned WikiLeaks publisher Julian Assange, said WikiLeaks lawyer Jen Robinson, at an event in Sydney on Friday night .

“Yes, there was some controversy about her sitting on the case,” Robinson said. “She won’t be sitting on the case going forward.”  Robinson told Australian journalist Quentin Dempster at the event that she was “not sure” who would take over from Arbuthnot.”

“The report said that Arbuthnot’s husband, Lord Arbuthnot of Edrom, a former British defense minister, “has financial links to the British military establishment, including institutions and individuals exposed by WikiLeaks.” It said the judge herself had also received gifts “including from a military and cybersecurity company exposed by WikiLeaks.”

The Daily Maverick reported further on Friday:

“The son of Lady Emma Arbuthnot, the Westminster chief magistrate overseeing the extradition proceedings of Julian Assange, is the vice-president and cyber-security adviser of a firm heavily invested in a company founded by GCHQ and MI5 which seeks to stop data leaks, it can be revealed.

Alexander Arbuthnot’s employer, the private equity firm Vitruvian Partners, has a multimillion-pound investment in Darktrace, a cyber-security company which is also staffed by officials recruited directly from the US National Security Agency (NSA) and the Central Intelligence Agency (CIA).

These intelligence agencies are behind the US government’s prosecution of Julian Assange for publishing secret documents. Darktrace has also had access to two former UK prime ministers and former US President Barack Obama.”

Read more:

https://consortiumnews.com/2019/11/16/arbuthnot-out-as-assanges-judge-says-wikileaks-lawyer-jen-robinson/

 

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Matt Couch new attorney Eden Quainton, Rich v Butowsky Matthew Couch, et al, Couch discoverable information list very interesting, Tide turning?

Matt Couch new attorney Eden Quainton, Rich v Butowsky Matthew Couch, et al, Couch discoverable information list very interesting, Tide turning?

“I would say explosive and I would say, for people at the highest levels of the FBI and at the highest levels of the Justice Department–more important at the Justice Department–it’s going to be devastating. It’s going to ruin careers, it’s going to make people have bar problems”…Joe diGenova on OIG FISA report

“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 only thing necessary for the triumph of evil is for good men to do nothing.”…Edmund Burke

 

In AARON RICH

v.

EDWARD BUTOWSKY,
MATTHEW COUCH
AMERICA FIRST MEDIA:

New filing this AM.

Eden P. Quainton of Quainton Law is the new attorney for Matthew Couch.

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.90.0.pdf

The Matt Couch disclosure list filed October 31, 2019 is very interesting.

DEFENDANT MATTHEW COUCH’S RULE 26(a) INITIAL DISCLOSURES.

1. Edward Butowsky
c/o Counsel
Mr. Butowsky has knowledge of certain facts and circumstances alleged in the
complaint.
2. Cassandra Fairbanks
Address unknown
Ms. Fairbanks has knowledge about statements made by Julian Assange
relevant to the leaking of DNC, Clinton campaign and/or John Podesta-related
emails and attachments (collectively, “DNC emails”).
3. Michael Isikoff
Address unknown
Mr. Isikoff has knowledge about the podcasts he has produced relating to,
among other things, Aaron Rich, Matt Couch, the alleged DNC hacking and
investigations and news reports relating to the foregoing.
4. Malia Zimmerman
c/o Dechert LLP
Ms. Zimmerman has knowledge about her investigation of and the article she
wrote about the leaking of the DNC emails to Wikileaks and the FBI’s report
relating to the leaked DNC emails.
5. Joel Rich
c/o Massey & Gail
Mr. Rich has knowledge of his communications with Mr. Butowsky, Mr.
Wheeler and Aaron Rich.
6. Mary Rich
c/o Massey & Gail

Ms. Rich has knowledge of her communications with Mr. Butowsky, Mr.
Wheeler and Aaron Rich.
7. Rod Wheeler
14006 Silver Teal Way
Upper Marlboro, MD 20744
Mr. Wheeler has knowledge relating to his communications with Aaron Rich,
Mr. Butowsky, Mary Rich, Joel Rich and other persons with knowledge of
matters alleged in the Complaint.
8. Kelsey Mulka
Address unknown
Ms. Mulka has knowledge about her communications with Aaron Rich relating
to Seth Rich.
9. Dr. Tore Linderman
Address unknown
Dr. Landsman has knowledge about communications between Aaron Rich and
Kelsey Mulka relating to Seth Rich.
10. Donna Brazile
Address unknown
Ms. Brazile has knowledge about her interactions and communications with
Aaron Rich and circumstances surrounding the murder of Seth Rich.
11. Seymour Hersch
Address unknown
Mr. Rich has knowledge of the leaking of the DNC emails to Wikileaks and the
FBI’s report relating to the leaked DNC emails.
12. Ellen Ratner
Address unknown

Ms. Ratner has knowledge of her communications with Julian Assange relating
to the leak of DNC emails to Wikileaks by one or more DNC insiders or
affiliated persons.
13. Christopher Steele
Address unknown
Mr. Steele has knowledge relating to the role of internal DNC operatives in the
alleged hacking of the DNC and the communication of the DNC emails to
Wikileaks.
14. Aaron Rich
c/o Boies Schiller Flexner LLP
Mr. Rich has knowledge of the facts alleged in the complaint.
15. Julian Assange
Belmarsh Prison, UK
Mr. Assange knows the identity of the individual or individuals who leaked the
DNC emails to him. Mr. Assange knows the identity of the individual or
individuals to whom payment was made for the DNC emails.
16. Joseph DellaCamera
Metropolitan Police Department of Washington D.C.
300 Indiana Avenue, NW Washington, DC 20001
Mr. DellaCamera has knowledge about the murder of Seth Rich.
17. Kevin Doherty
Nottoway Correctional Center
Schutt Road Burkeville, VA. 23922
Mr. Doherty has knowledge of the murder of Seth Rich.
18. Pratt Wiley
Address unknown

Mr. Wiley has relevant information relating to Seth Rich and Aaron Rich
derived from conversation with both prior to Seth Rich’s murder.
19. District of Columbia Chief Medical Examiner
OCME
Dr. Roger A. Mitchell
401 E. St. SW
Washington D.C. 20004
Mr. Mitchel has knowledge about the autopsy performed on Seth Rich and the
cause of death.
20. Dimitri Alperowitch
Chief Technology Officer
Crowdstrike Holdings, Inc.
150 Mathilda Place, Suite 300
Sunnyvale, California 9408
Mr. Alperowitch has knowledge of certain matters alleged in the Complaint.
21. Shawn Henry
President of CrowdStrike Services and Chief Security Officer
Crowdstrike Holdings, Inc.
150 Mathilda Place, Suite 300
Sunnyvale, California 9408
Mr. Henry has knowledge of certain matters alleged in the Complaint.
22. Kim Dotcom
Address unknown in New Zealand
kim@kim.com
Mr. Dotcom has information on the leaking of the DNC emails to Wikileaks.
23. Craig Murray
Address unknown in the United Kingdom
Mr. Murray has information on the leaking of the DNC emails to Wikileaks.

24. Andrew McCabe
Address unknown
Mr. McCabe has information about the alleged hacking of Seth Rich’s gmail
account by foreign operatives and the FBI’s investigation of Seth Rich’s
computer.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.89.18.pdf

It is apparent that due to the revelations from Attorney Sidney Powell in the Flynn case, intensified investigations by Attorney General Barr and John Durham as well as other revelations, that the tide is turning.

 

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https://citizenwells.com/

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Flynn prosecution corrects Peter Strzok other agents reference in surreply, Nov 5 email and filing, Handwritten notes from the January 24, 2017 Flynn interview 

Flynn prosecution corrects Peter Strzok other agents reference in surreply, Nov 5 email and filing, Handwritten notes from the January 24, 2017 Flynn interview

“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

“Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go.”…Attorney Sidney Powell November 4, 2019

“Truth, due process, evidence, rights of the accused: All are swept aside in pursuit of the progressive agenda.
George Orwell’s 1949 dystopian novel Nineteen Eighty-Four is no longer fiction. We are living it right now.”…National Review September 25, 2018

 

From the Michael Flynn prosecution November 5, 2019.

“November 5, 2019
Via Email

Sidney Powell
2911 Turtle Creek Blvd., Suite 300
Dallas, TX 75219
Re: United States v. Michael T. Flynn, 17-cr-00232 (EGS)

Dear Counsel:
Last evening, we received word that our Surreply may have misidentified the authorship of the handwritten notes from the January 24, 2017 interview of your client. Specifically, we were informed that the notes we had identified as Peter Strzok’s, were actually the other agent’s notes (see Surreply, Exhibit 1), and what we had identified as the other agent’s notes were in fact Strzok’s notes (see Surreply, Exhibit 2).

This morning, we asked the FBI to re-examine the electronic records from the January 24 interview, and they confirmed that the government mistakenly identified these notes in its March 13, 2018 discovery letter. Strzok’s notes are those numbered DOJSCO-700021192—DOJSCO700021195; and the other agent’s notes are those numbered DOJSCO-700021196—DOJSCO700021198. We understand that this has caused some confusion, and we regret our error. The government has no other corrections to make about the notes.

In addition to this letter, we will be providing notice to the Court of our mistake.

Sincerely,
JESSIE K. LIU
United States Attorney
By: /s/
Brandon L. Van Grack
Special Assistant United States Attorney
Jocelyn Ballantine
Assistant United States Attorney”

 

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FBI headquarters altered Flynn interview summary says 25 year FBI veteran James Gagliano, Michael Flynn smoking gun, “irreparable damage Comey’s team has done to the FBI will take a generation to reverse.”

FBI headquarters altered Flynn interview summary says 25 year FBI veteran James Gagliano, Michael Flynn smoking gun, “irreparable damage Comey’s team has done to the FBI will take a generation to reverse.”

“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

“Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go.”…Attorney Sidney Powell November 4, 2019

“Truth, due process, evidence, rights of the accused: All are swept aside in pursuit of the progressive agenda.
George Orwell’s 1949 dystopian novel Nineteen Eighty-Four is no longer fiction. We are living it right now.”…National Review September 25, 2018

 

From The Washington Examiner November 5, 2019.

“The Michael Flynn smoking gun: FBI headquarters altered interview summary

As a self-proclaimed adherent to Hanlon’s Razor, I once cynically viewed the frenzied focus on FBI actions during the 2016 Russian election-meddling investigation as partisan and overwrought. Hanlon’s Razor suggests that we never attribute to malice that which can be adequately explained by stupidity or incompetence. Having proudly served in the FBI for 25 years, I bristled at insulting accusations of an onerous deep state conspiracy. Some obvious mistakes made during the investigation of the Trump campaign were quite possibly the result of two ham-handedly overzealous FBI headquarters denizens, Peter Strzok and Lisa Page, clumsily seeking to impress each other with ever-increasing levels of loathing for then-candidate Donald Trump.”

“But as we anxiously await the expected reports, there recently appeared some fairly explosive allegations into potential investigator misconduct that have not received the attention they deserve. With her filing of a blistering Motion to Compel against federal prosecutors in the Michael Flynn case just made public, Sidney Powell has upended my adherence to Hanlon’s Razor. Powell is the attorney for former national security adviser and retired Army Lt. Gen. Flynn, who pled guilty to one count of lying to FBI agents during the special counsel investigation. Powell’s motion seeks to unravel a case many feel was biased from its inception.”

“Powell charges that Page directed Strzok to alter his Flynn interview 302. As in most instances in life, words matter. The change in wording was instrumental in moving Flynn from a target to a subject. One recalls how critical wording was in the FBI’s decision not to argue that DOJ charge Hillary Clinton with a crime in the private email server investigation. Comey elected not to use “gross negligence” to characterize Clinton’s actions — which would have been the required language in the mishandling of classified information statute — and instead settled upon the more benign and non-indictable “extreme carelessness.”

Later, it was determined that none other than Strzok was the impetus behind the recrafting of Comey’s words.

Powell’s motion requests that Flynn’s case be dismissed. Central to this appeal are details surrounding Flynn’s first interview by the FBI on Jan. 24, 2017. Recall also how Comey famously told NBC’s Nicolle Wallace, in front of an audience, that Flynn was visited by FBI agents at the White House in chaotic early days of Trump transition because, in Comey’s words, “I sent them.””

“So, did an accomplished 3-star general actually misrepresent the truth? Or, was his recollection of events later spun to be a mendacious accounting by overzealous investigators who followed their boss’s lead, while circumventing established protocol in an ambush-style interview? What apparently followed was a “tweaking” of the accounting to ensure Flynn be charged with Title 18 USC § 1001 – something I have long argued was never charged by any U.S. Attorney’s Office during my time serving in the FBI unless we wanted to threaten it and employ as leverage.”

“I am physically nauseous as I type these words. I have long maintained that innocent mistakes were made and that the investigators at the center of this maelstrom were entitled to the benefit of the doubt.

No more.

They have tarnished the badge and forever stained an agency that deserved so much better from them. I am ashamed. The irreparable damage Comey’s team has done to the FBI will take a generation to reverse.”

Read more:

https://www.washingtonexaminer.com/opinion/the-michael-flynn-smoking-gun-fbi-headquarters-altered-interview-summary

 

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Sidney Powell surreply November 4, 2019, “Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge”

Sidney Powell surreply November 4, 2019, “Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge”

“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

“Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go.”…Attorney Sidney Powell November 4, 2019

“Truth, due process, evidence, rights of the accused: All are swept aside in pursuit of the progressive agenda.
George Orwell’s 1949 dystopian novel Nineteen Eighty-Four is no longer fiction. We are living it right now.”…National Review September 25, 2018

 

From United States v. Michael Flynn

Filed November 4, 2019 by Attorney Sidney Powell.

“MR. FLYNN’S SUR-SURREPLY IN SUPPORT OF HIS MOTION TO COMPEL
PRODUCTION OF BRADY MATERIAL AND FOR AN ORDER TO SHOW CAUSE”

“If accepted, the government’s approach would allow endless manipulation by prosecutors: target individuals, run search warrants, seize devices, interrogate for days, threaten family members, cajole, but never charge until the clock strikes midnight once a plea is extracted. Yet playing cat-and-mouse with the Due Process Clause is the opposite of what the Brady-BagleyGiglio line of cases is all about. Perhaps even more significantly, the government’s position
wholly ignores this Court’s Standing Order, which not only has no such timing requirements, but is issued for the precise purpose of eliminating the games the government played here.”

“The government has known since prior to January 24, 2017, that it intended to target Mr. Flynn for federal prosecution. That is why the entire “investigation” of him was created at least as early as summer 2016 and pursued despite the absence of a legitimate basis. That is why Peter Strzok texted Lisa Page on January 10, 2017: “Sitting with Bill watching CNN. A TON more out. .
. We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.” 3 The word “pretext” is key. Thinking he was communicating secretly only with his paramour before their illicit relationship and extreme bias were revealed to the world, Strzok let
the cat out of the bag as to what the FBI was up to. Try as he might, Mr. Van Grack cannot stuff that cat back into that bag.4

Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go. On Dec. 19, 2017, McCabe told the House Intelligence Committee in sworn testimony: “[T]he conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements
that he made in the interview . . . the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.” McCabe proceeded to admit to the Committee that “the two people who interviewed [Flynn] didn’t think he was lying, [which] was not [a] great beginning of a false statement case.” Ex. 1.”

“But here, to use Strzok’s own words, the investigation was “a pretext;” the object of the interview was to secure, rather than prevent, a 1001 violation. The “poor
start” further reveals Mr. McCabe’s determination to create a case despite the agents’ belief Mr. Flynn was telling the truth. Having such concrete evidence as to the prosecution’s thinking processes is rare; having it in text messages and sworn congressional testimony is priceless.”

“The Strzok-Page text messages confirm that Lisa Page had two opportunities to edit drafts of the crucial 302. Strzok returned to his FBI office the night of February 10, 2017, to input the edits she made on the draft she had earlier left in Bill [Priestap’s] office (about which they hatch a cover-story), then sent her another version over the weekend. The government thus implicitly
admits there was at least one version prior to the February 10 edition.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.135.0_1.pdf

 

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General Flynn response to prosecutors, Attorney Sidney Powell filing Nov. 1, 2019, Strzok Page texts: “I made some joke about what F said. Something patriotic or military.”

General Flynn response to prosecutors, Attorney Sidney Powell filing Nov. 1, 2019, Strzok Page texts: “I made some joke about what F said. Something
patriotic or military.”

“I made some joke about what F said. Something patriotic or military.”…Strzok Page texts

“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

Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray

 

From the Attorney Sidney Powell response filing November 1, 2019 in United States v Michael Flynn:

“As new counsel has made clear from her first appearance, Mr. Flynn will ask this Court to dismiss the entire prosecution based on the outrageous and un-American conduct of law enforcement officials and the subsequent failure of the prosecution to disclose this evidence—which it had in its possession all along—either in a timely fashion or at all. Moreover, the defendant still needs and is still entitled to all the facts in the government’s possession—not just those Mr. Van Grack was forced to provide because they had already leaked into the public
domain. The government’s tactic of disclosing information because it had made its way into the news and the internet is tantamount to no Brady disclosure at all, while its self-serving minimized disclosures were outright deceptive.”

“Despite a polite reminder from this Court that its Brady order is paramount,1 the government’s response depends heavily on its assertion—forty-five times in twenty pages—that Mr. Flynn pleaded guilty, and thirteen assertions that he waived any right to further Brady material.2 As expected, the government touts its many Brady disclosures. What it elides, however, is that its “disclosures” were so limited, misleading, untimely, or deliberately trivialized as to
render them meaningless—and in some instances, outright deceitful. As the Supreme Court has recognized, and which happened in the extreme here, an incomplete response could “represent[] to the defense that the evidence does not exist” and cause it “to make pretrial and trial decisions on the basis of this assumption.” United States v. Bagley, 473 U.S. 667, 682-83 (1985).”

“The real evidence the government had long suppressed caused a cavalcade of major events—many within mere days of Mr. Flynn’s plea—and all unknown to him before it. Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she had edited Mr. Flynn’s 302 and was part of the small, high-level group that strategically planned his ambush. Lead Agent Peter Strzok was demoted from the Mueller investigation and ultimately fired. Strzok, who had met extensively with McCabe and the high-level, small group, was primarily responsible for creating the only basis for the charge alleged against Flynn. Ex. 1.

The day after Mr. Flynn’s plea, the press exploded with the news of Strzok and Page’s prolific text messages, their affair, and their malice toward President Trump.3 The Inspector General issued a rare statement that he was investigating the entire matter. MTC 23. Bruce Ohr, the fourth highest-ranking member of DOJ, was demoted. Judge Contreras, who accepted Mr. Flynn’s plea only days before, was suddenly and inexplicably recused—only for it to be disclosed
much later that he was a topic of conversation in the Strzok-Page texts because he was a friend of Agent Strzok.4 And, remarkably, DOJ’s Bruce Ohr was demoted a second time. Ex. 1. This is merely a snapshot of the aftershock from the earliest revelations into the public domain and to Mr. Flynn.”

“January 23, the day before the interview, the upper echelon of the FBI met to orchestrate it all. Deputy Director McCabe, General Counsel James Baker, , Lisa Page, Strzok, David Bowdich, Trish Anderson, and Jen Boone strategized to talk with Mr. Flynn in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target. Ex.12. Knowing they had no basis for an investigation,6
they deliberately decided not to notify DOJ for fear DOJ officials would follow protocol and notify White House Counsel. They decided not to tell Flynn their true purpose nor give him 1001 warnings, so as to keep him “relaxed.” They planned not to show him the transcript of his calls to refresh his recollection, nor confront him directly if he did not remember. In short, they planned
to deceive him about the entire scenario, and keep him “unguarded.” Exs. 5, 6; MTC 34.”

“They knew what they were doing was wrong. Lisa Page wrote: “I can feel my heart beating harder, I’m so stressed about all the ways THIS has the potential to go fully off the rails.””

“5. Reporting Back: Flynn’s “Demeanor Was Sure.”
He Was Telling the Truth or Believed He Was Telling the Truth.
The agents returned from interviewing Mr. Flynn, describing their excitement over it, and with a belief contrary to what they expected, that he had been honest with them. After the interview, they briefed it three times. Strzok texted Page: “Describe the feeling, nervousness, excitement knowing we had just heard him denying it all. Knowing we’d have to pivot into asking.
Puzzle round and round about it. Talk about the funny details. Remember what I said that made Andy laugh and ask if he really said that.”
Strzok urged: “Also have some faith in and my assessment. ……. I’m finding it hard to go out on a counterintuitive yet strongly felt ledge with so many competent voices expressing what I feel too: bullsh*t – that doesn’t make sense. [] I made some joke about what F said. Something patriotic or military.””

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.133.0.pdf

 

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