Category Archives: Courts

Julian Assange health and conditions via father John Shipton and Candles 4 Assange video Oct 2019, Assange mistreated political prisoner in Belmarsh Prison

Julian Assange health and conditions via father John Shipton and Candles 4 Assange video Oct 2019, Assange mistreated political prisoner in Belmarsh Prison

“Journalism is printing what someone else does not want printed: everything else is public relations.”…George Orwell

“Not every item of news should be published: rather must
those who control news policies endeavor to make every item
of news serve a certain purpose.”… Joseph Goebbels

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

This is barely being covered.

It is my duty to spread the word.

From WilliamBowles, a WSWS interview and a “Candles 4 Assange” video.

“JULIAN HAS REACHED A POINT WHERE HE MAY DIE”—ASSANGE’S FATHER JOHN SHIPTON SPEAKS WITH THE WSWS

“On Thursday the WSWS met John Shipton, Julian Assange’s father, in Berlin to talk about the condition of his son’s jailing in the maximum security Belmarsh Prison in London. The day before Shipton had given a press conference and addressed the weekly “Candles 4 Assange” rally in Berlin, to inform the public about his son’s illegal imprisonment and demand his freedom.”

“Shipton, who had visited his son just before traveling to Berlin, described the gruesome situation he is facing in Belmarsh.

“Julian was sentenced to 50 weeks in jail for minor infringements in a maximum-security prison in solitary confinement for 22 to 23 hours a day. There is a limitation of visitations which is two social visits for two hours. So those two hours, you can imagine, are very, very precious things. The Belmarsh prison is quite a way out and the requirements of registration are complex. That is his day to day situation.”

Shipton explained that his son has basically no access to any information. “There are restrictions on access to the library, access to the gym and access to computers. So, in order to prepare for his case, he has no access to the library, no access to computers and no access to the internet. He has no access to information at all.”

Due to his deteriorating health—Shipton said his son has lost 15 kilos since his imprisonment in Belmarsh—Assange has been transferred to the hospital ward of the prison.

“There he is still in isolation 23 hours a day but now he can have three visits a week. This is some improvement but still it’s a Grade A maximum-security jail. And Julian is a Grade B prisoner. His health has been declining and has reached a point where he may die. This a man who has done nothing. Julian is a journalist like you. He has made an immense contribution to world journalism. WikiLeaks has made immense contributions, unbeatable contributions.””

“Shipton denounced the fact that his son is being held in a maximum prison for supposedly having breached the Bail Act. “Julian cannot be charged for bail skipping because he is an asylee and every asylee falls under conventions which the UK has signed. Julian is a journalist.”

He added that “every journalist has an interest that the truth of Julian’s situation being put before their editors every day. Newspapers should have a great interest in Assange because also their freedom to publish and to investigate will be constrained and is being constrained. I understand that the World Socialist Web Site is being reduced by over 40 percent in its traffic by Google and search engines. This is repression of free speech. It is up to us and up to newspapers and news organisations to ensure that Julian is free. It is about the freedom to publish.””

Read more:

https://williambowles.info/2019/10/05/julian-has-reached-a-point-where-he-may-die-assanges-father-john-shipton-speaks-with-the-wsws/

 

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https://citizenwells.com/

http://citizenwells.net/

 

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Sidney Powell June 6, 2019 letter to Attorney General Barr filed in US v. Flynn October 1, 2019, “dismiss the prosecution of General Flynn in the interest of justice”

Sidney Powell June 6, 2019 letter to Attorney General Barr filed in US v. Flynn October 1, 2019, “dismiss the prosecution of General Flynn in the interest of justice”

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material 

“Prosecutors Brandon Van Grack of the Justice Department’s national security division, who was formerly on Mr. Mueller’s team, and Assistant U.S. Attorney Deborah Curtis, of Washington, provided little explanation as to why they were not turning over the transcripts.”…Pittsburgh Post-Gazette June 1, 2019

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From the Sidney Powell June 6, 2019 letter to Attorney General Barr filed as Attachment 1 in the US v. Michael Flynn case on October 1, 2019.

“To that end, we request:

(i) The appointment of new government counsel with no connection to the Special Counsel team of attorneys or agents to conduct review of the entire Flynn case for Brady material that has not been produced and prosecutorial misconduct writ large.
(ii) A determination of when, how, and on what basis the first investigation of General Flynn began.
(iii)The preservation of all electronic devices issued to anyone by Special Counsel and preservation of their text messages, emails, and any other means of electronic communications.
(iv) A review of currently classified information that we believe to be Brady for declassification, or at minimum, production to me of a summary of that information.
(v) Interviews of additional witnesses we can identify that the Special Counsel did not interview because they would have created exculpatory information.
(vi) Consideration of the specific targeting of General Flynn and the disparate way in which he was treated as compared to others similarly situated–even by SCO.
(vii)At the end of this internal review, we believe there will be ample justification for the Department to follow the precedent of the Ted Stevens case and move to dismiss the prosecution of General Flynn in the interest of justice–whether it be we ink a simple joint motion or sua sponte by the Department.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.122.2.pdf

 

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https://citizenwells.com/

http://citizenwells.net/

 

Flynn prosecution case unraveling?, Supplemental status report September 30, 2019, US v. Rafiekian, “Mr. Van Grack knew that was not true”

Flynn prosecution case unraveling?, Supplemental status report September 30, 2019, US v. Rafiekian, “Mr. Van Grack knew that was not true”

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material 

“Prosecutors Brandon Van Grack of the Justice Department’s national security division, who was formerly on Mr. Mueller’s team, and Assistant U.S. Attorney Deborah Curtis, of Washington, provided little explanation as to why they were not turning over the transcripts.”…Pittsburgh Post-Gazette June 1, 2019

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

United States v. Michael T. Flynn

Supplemental Status Report

September 30, 2019.

“At the Court’s request, counsel have previously updated the Court on the status of the case in the Eastern District of Virginia, United States v. Rafiekian, No. 1:18-cr-00457, in which Mr. Flynn was a cooperating witness. As described in Dkt. 98, Mr. Flynn cooperated with the government in multiple additional witness preparation sessions for more than 30 hours, waived
attorney-client privilege on many issues, provided documents and substantial cooperation—until the government decided at the last minute not to use him as a witness.

On September 24, 2019, Judge Anthony Trenga of the Eastern District of Virginia granted Mr. Rafiekian’s motion for acquittal in its entirety. In a thorough 39-page opinion (attached), Judge Trenga acquitted him on one count of conspiracy in violation of 18 U.S.C §371 and one count of acting as an unregistered agent of a foreign government in violation of 18 U.S.C. §951.
Rafiekian, at Dkt. 372.

The government changed its tack as to Mr. Flynn when he would not testify exactly as the government demanded. It suddenly claimed it needed to name him as a coconspirator to admit one piece of evidence for which it already had another means of admission. Judge Trenga wrote:

On July 3, 2019, the Government filed a Notice of Correction to the Record [], in
which it advised the Court that it no longer planned to call Flynn as a witness in its case in chief. The Government also took the position for the first time, contrary to its earlier in-court statements, that Flynn was regarded as a co-conspirator and that it would seek to have his out-of-court statements introduced pursuant to Fed. R. Evid. 801(d)(2)(E).
Id. at 11.

Yet, “neither the original nor superseding indictment in this case references Flynn as a member of the alleged conspiracy or as an agent of the Turkish government; and in response to the Court’s explicit questioning, the Government stated in open court that Flynn, who it planned to call as a witness, was not a member of the charged conspiracy and that it would not rely upon
his testimony to establish the foundation for the admission of Alptekin’s hearsay statements.” Id.

As to the substantive counts, Judge Trenga held that “[t]he Government [] failed to offer substantial evidence from which any rational juror could find beyond a reasonable doubt that Rafiekian knowingly acted and caused others to act in the United States as an agent of a foreign government without proper notification to the Attorney General in violation of 18 U.S.C. § 951.”
Id. at 25. The court’s analysis made clear that there was “no substantial evidence that Rafiekian agreed to operate subject to the direction or control of the Turkish government.” Id.

The court determined that even though the government contended that “the payments made to FIG from Inovo and from FIG to Alptekin allow[ed] the inference that Rafiekian was acting as an agent of the Turkish government or that Alptekin was acting as the agent of Turkey in retaining
FIG,” there was “no evidence, direct or otherwise, sufficient to reasonably infer that Turkey funded the engagement of FIG, or that the engagement was not in fact funded by a group of Turkish businessmen, as Rafiekian stated consistently throughout.” Id. at 28.

Further, the court held, id. at 33, that “[t]he Government [had not] presented sufficient evidence for a rational jury to conclude beyond a reasonable doubt that Rafiekian conspired with Alptekin or anyone else to violate 22 U.S.C. § 618(a)(2), and that “[t]here [wa]s no evidence of discussion or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement.” (emphasis added).

The government’s own timeline failed to support its theory of the case:

[t]he superseding indictment alleges that the alleged conspiracy began from at least July 2016; but the DOJ did not even raise the specter of a need for a FARA filing until its letter to Flynn dated November 30, 2016 (which did not become known to Flynn until December 24, 2016), by which time FIG had ceased operations and was not performing any work for Inovo or anyone else.”
Id. at 34.

Ultimately, according to the court, the government’s case rested on unsupported assumptions:

The Government claims ‘the three co-conspirators [Rafiekian, Flynn, and Alptekin] again gave substantially identical explanations [in the FARA filings] that the jury plainly deemed false and used as further evidence of a concerted agreement to lie.’. . . But that contention ignores the lack of evidence to establish the presumed conspiracy, or any agreement, among these three individuals concerning the FARA filing, as discussed above.

Id.

Judge Trenga also granted, in the alternative, a motion for new trial, against the (highly unlikely) possibility that his primary ruling of acquittal would be reversed or vacated. Upon further analysis, he realized the “jury was not adequately instructed as to the role of Michael Flynn in light of the government’s in-court judicial admission that Flynn was not a member of the alleged
conspiracy and the lack of evidence sufficient to establish his participation in any conspiracy; and there was a substantial danger that the jury drew inferences against Rafiekian with respect to the existence of and his participation in the alleged conspiracy based on a belief that Flynn could be regarded as a member of the alleged conspiracy.” Id. at 36-37.

Finally, the court underscored the need to fulfill the scienter requirement, which burden the government had not carried, holding that “the mens rea requirement under this general intent statute required the government to prove that the defendant knew he was acting in a manner not authorized by statute or regulation.” Id. at 37.1

Remarkably, the government did not indict the specious Rafiekian case until more than a year after the Flynn indictment—just a few days before Mr. Flynn was to be sentenced in this Court—when the government was concerned that Mr. Flynn would withdraw his plea.

Even more troubling, Mr. Van Grack was determined that Mr. Flynn would testify in the Rafiekian case that he had knowingly signed a false FARA registration, even though Mr. Van Grack knew that was not true and Mr. Flynn had not agreed to that in the course of his plea agreement. Mr. Flynn’s refusal to get on the witness stand and lie for the government on that point prompted a heated tirade from Mr. Van Grack with Mr. Flynn’s lead counsel, in which Mr. Van Grack claimed Mr. Flynn had agreed to plead to a knowing and intentional false FARA filing. Dkt. 98-1.

In our endless document review, we now have a draft of the statement of offense that proves the contrary, showing similar language deleted. The absence of that language from the statement of offense or any charge of a false filing did not deter Mr. Van Grack from doubling down.
Enraged that Mr. Flynn reject their demand to lie, the prosecutors in the EDVA (Mr. James Gillis, Mr. Evan Turgeon, and Mr. John Gibbs, with Mr. Van Grack’s oversight) retaliated with an ex parte gag order and sealed filing on July 3. For the first time, the prosecutors claimed that Mr. Flynn was a co-conspirator. They put Michael Flynn Jr. on the witness list for the Rafiekian trial.

They even had FBI Agent Taylor contact the latter directly, despite knowing he was represented by counsel. See Dkt 246 in EDVA; Dkt. 95 in this Court.

In sum, however, the entire prosecution failed for lack of evidence of any conspiracy or anyone acting as a foreign agent. As Judge Trenga wrote: “the Government has failed to offer substantial evidence . . . that Rafiekian knowingly acted and caused others to act . . . as an agent of a foreign government,” and there was “no evidence Rafiekian agreed to operate subject to the
direction or control of Turkey,” and “no competent evidence . . . Alptekin acted as the type of ‘intermediary’ [as] the Government contend[ed].” Op. at 25.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.121.0.pdf

 

 

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U.S. Attorney Deborah Curtis General Flynn prosecution team resigns, Mueller team member, United States v. Flynn motion notice of withdrawal of appearance

U.S. Attorney Deborah Curtis General Flynn prosecution team resigns, Mueller team member, United States v. Flynn motion notice of withdrawal of appearance

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material 

“The evidence indicates Mueller has destroyed or is suppressing Brady material.”…Attorney Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

A motion was filed in United States v. Michael T. Flynn on September 27, 2019.

“NOTICE OF WITHDRAWAL OF APPEARANCE

The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby informs the Court that Assistant United States Attorney Deborah A. Curtis is withdrawing her appearance as counsel on this case because effective September 28, 2019, she will no longer be employed with the U.S. Department of Justice.”

https://www.courtlistener.com/docket/6234142/120/united-states-v-flynn/

This could mean nothing.

It could be an everyday job change.

However, given the events of the past several years, particularly the past months, and U.S. Attorney Deborah Curtis’s involvements, questions are in order.

First of all, she was part of Mueller’s Russian Collusion investigation team.

She was part of the General Flynn prosecution team.

Does this Tweet provide the answer?

“Hmmmm….let me….Think…Think…Think…Ms Curtis vs Sidney Powell in a case of lies construed by NObama DOJ based on lies…puts a chalk mark in the LOSS section of Ms Curtis’s chaulk board!”

https://twitter.com/Techno_Fog/status/1177700307649753088

From The Pittsburgh Post-Gazette June 1, 2019.

“Federal prosecutors on Friday declined to make public transcripts of recorded conversations between Michael Flynn and Russia’s ambassador to the United States in December 2016, despite a judge’s order.”

“Prosecutors also failed to release an unredacted version of portions of the Mueller report related to Mr. Flynn that the judge had ordered be made public.”

“The government’s unusual response came after U.S. District Judge Emmet Sullivan in Washington ordered earlier in May that the Justice Department make public various materials related to the case, including transcripts of any audio recordings of Mr. Flynn, such as his conversations with Russian officials.”

“Judge Sullivan made clear he wanted the full transcript of Mr. Flynn’s calls to be shared with the public, although he did not provide his reasoning.

Prosecutors Brandon Van Grack of the Justice Department’s national security division, who was formerly on Mr. Mueller’s team, and Assistant U.S. Attorney Deborah Curtis, of Washington, provided little explanation as to why they were not turning over the transcripts.”

Read more:

https://www.post-gazette.com/news/nation/2019/06/01/Justice-Dept-fails-to-comply-with-order-to-release-transcripts-of-Flynn-conversations/stories/201906020115

From the Attorney Sidney Powell motion in United States v. Michael T. Flynn.

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution. In fact, just last
week, Mr. Van Grack produced an additional 330 pages that included information that any reasonable attorney would understand as Brady evidence in light of Special Counsel’s investigation and assertions that Mr. Flynn was an undisclosed “agent of Russia” or an “agent of Turkey.”2
That production also shows that Mr. Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an “agent of Russia” and/or of Turkey.
Interestingly, the new production also shows that James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.

Yet again, in the Status Report filed today, the prosecutors exude arrogance in their flat denials of both our request for security clearances and the production of Brady material. Production of obvious Brady material while repeatedly and stoutly denying any such material exists prompts questions of how much more is still outstanding and whether these prosecutors are willing or able to recognize it when they see it. The only alternative explanation is even worse.”

https://citizenwells.com/2019/09/12/robert-mueller-exposed-part-6-us-v-michael-flynn-motion-to-compel-production-of-brady-material-and-order-to-show-cause-attorney-sydney-powell/

The following segment about U.S. Attorney Deborah Curtis as well as the entire article are extremely interesting.

“After the hard drives were verified, Montgomery received greater immunity and testified under oath in December of 2015 to DOJ Assistant U.S. Attorney Deborah Curtis. Montgomery testified at the FBI Washington DC Field Office where he was debriefed by U.S. Assistant Attorney Deborah Curtis while being videotaped for over three hours. Also in attendance were Director James Comey’s top “right-hand men,” FBI Special Agents Barnett and Giardina.

“THE HAMMER” IS THE KEY TO THE COUP: Montgomery’s Handover Of Evidence And Testimony Leads Directly To Robert Mueller’s Trumped-Up Russian Collusion Investigation Team, The Prosecution Of General Flynn, — And To The Invisible Hands Of Strzok And Page

Interestingly, U.S. Assistant Attorney Deborah Curtis and FBI Special Agents William Barnett and Walter Giardina, three of the officials who conducted a 2015 classified debriefing of Montgomery after the FBI verified the 47 hard drives Montgomery had turned over to the FBI, went on to join Special Counsel Robert Mueller’s Trump Russian collusion hoax investigation team.

According to Montgomery, ninety percent of those individuals targeted by the Mueller team had their information harvested by “THE HAMMER.” That information, including “Hammer” surveillance data collected on Roger Stone and General Michael Flynn, was stored in the 47 hard drives turned over to the FBI under Montgomery’s limited immunity agreements.

Assistant U.S. Attorney Deborah Curtis Granted Montgomery Immunity For Hard Drives; Curtis Also Joined Special Counsel Mueller’s Team, Assigned To Flynn, Manafort, Butina, And Russian Troll Farm Cases

U.S. Assistant Attorney Deborah Curtis also went on to join the DOJ prosecution team in the General Michael Flynn case, the Paul Manafort case, the Maria Butina, and the case against against Russian nationals and Russian businesses accused of coordinating with the St. Petersburg-based “Internet Research Agency” troll farm to interfere with the 2016 election.”

Read more:

https://theamericanreport.org/2019/09/27/the-real-whistleblower-story-dennis-montgomery-the-hammer-the-hard-drives-the-wiretapping-of-trump-and-the-prosecution-of-general-flynn/

 

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http://citizenwells.net/

Robert Mueller exposed Part 7, Andrew McCabe indictment, Mueller unindicted coconspirator in pro Hillary and anti Trump conspiracy

Robert Mueller exposed Part 7, Andrew McCabe indictment, Mueller unindicted coconspirator in pro Hillary and anti Trump conspiracy

“Robert Mueller, like Andrew McCabe and the rest of the anti-Trump criminal conspirators, consider themselves above the law and on a divine mission to unseat Trump.  Mueller’s conflicts of interest, starting with his relationship with James Comey, are well documented. His role, along with Deputy Attorney General Rod Rosenstein, in covering up the FBI’s early investigation into Russia’s nuclear bribery in the Uranium One case are also a matter of public record.”…American Thinker Dec. 19, 2017

“McCabe had a role in crafting the “insurance policy” in the event Mr. Trump was elected.  Expect to find Comey a part of that also.”…Attorney Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From Fox News Sept. 12, 2019.

“US attorney recommends proceeding with charges against McCabe, as DOJ rejects last-ditch appeal

U.S. Attorney Jessie Liu has recommended moving forward with charges against Andrew McCabe, Fox News has learned, as the Justice Department rejects a last-ditch appeal from the former top FBI official and current CNN contributor.

McCabe — the former deputy and acting director of the FBI — appealed the decision of the U.S. attorney for Washington all the way up to Jeffrey Rosen, the deputy attorney general, but he rejected that request, according to a person familiar with the situation.”

Read more:

https://www.foxnews.com/politics/us-attorney-recommends-proceeding-with-charges-against-mccabe-as-doj-rejects-last-ditch-appeal

From American Thinker December 19, 2017.

“We have a Deputy FBI Director, Andrew McCabe, campaigning for his wife, who receives huge sums of money from the Democratic Party of Clinton political ally Terry McAuliffe. After Clinton blames Russia for her election loss, Flynn becomes a target of an FBI probe in which his identity is illegally unmasked. He was a character witness on behalf of one of McCabe’s accusers. Was Mrs. McCabe’s largesse a quid for a future quo? Was Flynn’s unmasking McCabe’s revenge?

An unindicted coconspirator in the pro-Hillary and anti-Trump conspiracy is Special Counsel Robert Mueller, leading a team of Clinton lawyers and donors, running an investigation which began with no crime and has found no proof of any collusion between Team Trump and Russia. So desperate has he become that he has cast any remaining ethics aside and should be removed. As Fox News’ Greg Jarrett writes:

Special Counsel Robert Mueller is accused of acting in complete disregard for the law and must be removed.  And so, too, must his entire team.

There is devastating new evidence to suggest that Mueller and his staff of lawyers improperly, if not illegally, obtained tens of thousands of private documents belonging to President-elect Trump’s Presidential Transition Team (PTT). The material includes emails, laptops and cell phones used by 13 PTT members.

Critically, a “significant volume of privileged material” was taken by Mueller, according to the Trump transition lawyer, and then used by the special counsel team in its investigation. Mueller’s staff apparently admits this egregious violation, which the law strictly forbids.

Under the law, the only remedy is Mueller’s dismissal from the case…

The Presidential Transition Act states that all records of transition operations are private and confidential.

On November 16, 2016, roughly ten days after Trump was elected president, the Chief Records Officer of the U.S. Government sent a letter to all federal agencies reminding them that “the materials that PTT members create or receive are not Federal or Presidential records, but are considered private materials.”

Yet Mueller seems to have ignored the law. Without a warrant or subpoena, his team of lawyers brazenly demanded these private records from the General Services Administration (GSA) which held custody of the materials.  The GSA does this as a service to all incoming presidents out of courtesy, but it neither owns the documents nor is authorized to release them to anyone under any circumstances because they are deemed entirely private.

Robert Mueller, like Andrew McCabe and the rest of the anti-Trump criminal conspirators, consider themselves above the law and on a divine mission to unseat Trump.  Mueller’s conflicts of interest, starting with his relationship with James Comey, are well documented. His role, along with Deputy Attorney General Rod Rosenstein, in covering up the FBI’s early investigation into Russia’s nuclear bribery in the Uranium One case are also a matter of public record.

McCabe and Mr. Mueller are the leaders in the criminal conspiracy of the century, a silent coup against a sitting president that does indeed make Watergate look like a third-rate burglary.”

Read more:

https://www.americanthinker.com/articles/2017/12/mccabe_and_mr_mueller.html

 

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https://citizenwells.com/

http://citizenwells.net/

 

Robert Mueller exposed Part 6,  US v. Michael Flynn, Motion to compel production of Brady Material and order to show cause, Attorney Sydney Powell 

Robert Mueller exposed Part 6,  US v. Michael Flynn, Motion to compel production of Brady Material and order to show cause, Attorney Sydney Powell

“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material 

“The evidence indicates Mueller has destroyed or is suppressing Brady material.”…Attorney Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Robert Mueller, even though he is responsible for much of the investigation that touched Michael Flynn, has his name conspicuously absent from the motion.

I believe I may know the reason why, but will defer to the experts.

“UNITED STATES OF AMERICA
Plaintiff,
v.
MICHAEL T. FLYNN,
Defendant.

MOTION TO COMPEL THE PRODUCTION OF BRADY
MATERIAL AND FOR AN ORDER TO SHOW CAUSE

Michael T. Flynn (“Mr. Flynn”) requests this Court (i) order the prosecutors to show cause why they should not be held in contempt for their repeated refusals to comply with this Court’s Brady order and their constitutional, legal, and ethical obligations; (ii) compel the government to produce to Mr. Flynn evidence relevant and material to his defense as identified in this Motion; (iii) compel the government to produce to the defense any additional information
that has come to the attention of the Inspector General, the FBI, or any other member of the Department of Justice that bears on the government’s own conduct or its allegations against Mr. Flynn; and (iv) order the government to preserve all emails, documents, texts and other material relevant to the investigation of Mr. Flynn including by Special Counsel.

I. Background
As explained more fully in Mr. Flynn’s accompanying brief, Brady v. Maryland and its progeny require the government to produce all evidence “material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U.S. 83, 87 (1963). Because the government is supposed to pursue justice—not merely convictions—its responsibility to produce Brady material is a grave one, its scope wide-ranging, and its duration ongoing. Indeed, this Court has entered both an initial Standing Order to produce Brady material,
on December 12, 2017, and an updated Order on February 16, 2018, making it clear to the government that its duty to produce exculpatory evidence exists independently of Mr. Flynn’s guilty plea, and that that duty has not expired.

Yet, when undersigned new counsel for Mr. Flynn requested a detailed list of outstanding Brady material immediately upon taking over from prior counsel, Mr. Van Grack glibly responded a few weeks later, on June 26, 2019, writing:

[t]he government has exceeded its discovery and disclosure obligations in this matter, including those imposed pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and the Court’s Standing Order dated February 16, 2018. Additionally, in the plea agreement that your client signed on November 30, 2017, your client waived the right to any further discovery or disclosures of information. As such, the government does not anticipate providing additional information in response to your letter.1

Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution. In fact, just last
week, Mr. Van Grack produced an additional 330 pages that included information that any reasonable attorney would understand as Brady evidence in light of Special Counsel’s investigation and assertions that Mr. Flynn was an undisclosed “agent of Russia” or an “agent of Turkey.”2
That production also shows that Mr. Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an “agent of Russia” and/or of Turkey.
Interestingly, the new production also shows that James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.

Yet again, in the Status Report filed today, the prosecutors exude arrogance in their flat denials of both our request for security clearances and the production of Brady material. Production of obvious Brady material while repeatedly and stoutly denying any such material exists prompts questions of how much more is still outstanding and whether these prosecutors are willing or able to recognize it when they see it. The only alternative explanation is even worse.”

“ORDER
The Court has carefully considered Mr. Michael T. Flynn’s motion to show cause and to compel production of Brady material and it is hereby ORDERED that said motion is GRANTED. The government is hereby ORDERED to show cause why it should not be held in contempt for its violations of this Court’s Standing Brady Order. The government is hereby ordered to provide all original documents requested by the defense for which the government has only provided summaries, including raw notes supporting those documents.

The government is also ordered to take all steps necessary to preserve all forms of electronic communications, cell phones, and computers of all members of Special Counsel team and the Department of Justice or FBI who communicated with Lisa Page and/or Peter Strzok, whose devices were destroyed. The government is also ordered to preserve all documents that mention Mr. Flynn.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.111.0.pdf

 

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https://citizenwells.com/

http://citizenwells.net/

Robert Mueller exposed Part 5,  Sydney Powell attorney for Lt. Gen. Michael Flynn motion to compel production of Brady material, Mueller destroyed or suppressed evidence

Robert Mueller exposed Part 5,  Sydney Powell attorney for Lt. Gen. Michael Flynn motion to compel production of Brady material, Mueller destroyed or suppressed evidence

“The evidence indicates Mueller has destroyed or is suppressing Brady material.”…Attorney Sydney Powell

“to show that the entire prosecution should be dismissed for egregious government misconduct and long-time suppression of Brady material.””…Attorney Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From The Federalist September 11, 2019.

“Michael Flynn’s Lawyer Explains Why She Needs To View Documents The Government Hasn’t Turned Over

On Tuesday, Judge Emmett Sullivan quizzed federal prosecutors and defense attorney Sidney Powell on the next steps in the Michael Flynn criminal case that has been lingering for more than a year in a D.C. District Court. Judge Sullivan had scheduled the hearing earlier this month in response to Powell’s motion to compel the government to hand over Brady material: material in the government’s possession that is favorable to the accused.

But what should have been a quick hearing to set a briefing schedule turned into a 45-minute preview of Powell’s plan to combat what she characterized as egregious government misconduct.

“There is far more at stake here than sentencing,” Powell began. “As new counsel, we have an ethical obligation to review everything that has happened in the case or not happened, as the case may be, and that is why we filed the motion to compel production of Brady material.”

She then proceeded to detail several examples of the government’s “stunning failures to produce Brady” material, such as the government’s delay in providing the Lisa Page and Peter Strzok text messages to Flynn’s prior counsel and withholding of various internal documents exonerating Flynn of being a Russian agent and violating the Logan Act.

Powell also hit hard the government’s failure to disclose the original Flynn 302 interview summary written by FBI Agent Joseph Pientka. “They say they don’t have it,” Powell noted, adding that “it would certainly be in the FBI’s computer system.” “Things don’t disappear like that,” the defense attorney stressed, seemingly forgetting Hillary Clinton’s missing 30,000 emails. Judge Sullivan appeared less concerned by the disappearance, noting “notwithstanding the best efforts of everyone, things happen and documents are lost. I mean, it just happens.”

Sullivan also pushed Powell to explain the relevance of the various evidence she was seeking. “There never would have been a plea to begin with if the government had met its Brady obligation disclosing what it knew before Mr. Flynn entered a plea and, frankly, before he even made a proffer,” Powell explained.

But it was when Powell said “there’s one thing after the other that we can document that exonerates Mr. Flynn in any number of ways,” that Judge Sullivan interjected: “You’re suggesting that a basis exists to file a motion to withdraw his plea? Is that where this is headed towards?”

“I can’t say right now exactly where it’s headed,” Powell responded, noting she didn’t “think it’s going to be a motion to withdraw the plea.” Rather, Flynn’s new attorney explained she intended “to show that the entire prosecution should be dismissed for egregious government misconduct and long-time suppression of Brady material.””

Read more:

https://thefederalist.com/2019/09/11/michael-flynns-lawyer-explains-needs-view-documents-government-hasnt-turned/

From Attorney Sidney Powell December 17, 2018.

“New Facts Indicate Mueller Destroyed Evidence, Obstructed Justice

The Supreme Court held long ago in Brady v. Maryland that the Constitution requires the prosecution, which holds all the cards in a criminal case, to give the defense all evidence favorable to the defendant, whether it impeaches a witness, mitigates punishment or shows his innocence. Indeed, the burden is on prosecutors to find anything in the possession of the government that is favorable to the defense.

From the minute Judge Emmet G. Sullivan received the case against Lt. Gen. Michael Flynn, which will be decided on Tuesday, he ordered Mueller to provide the defense with all Brady material. Last week, Judge Sullivan specifically ordered Mueller to produce any FBI interview reports — called 302s — or memoranda relevant to the original interview of Gen. Flynn. Ironically, Iowa Sen. Chuck Grassley has been requesting the agents’ notes and 302s for two years. Did Mueller comply?

Remarkably, but not surprisingly to those who have read my book, Mueller has thumbed his nose at Judge Sullivan’s order. He produced only a 302 created by his own squad seven months later from his own agent’s interview of none other than the infamous, fired-for-bias, disgraced, Trump-loathing, former Agent Peter Strzok — the guy who swore he’d “stop” President Trump and devised “an insurance policy” with his mistress Lisa Page and Deputy Director Andrew McCabe in case Trump won the election. We are watching Mueller execute that insurance policy by the day.

The evidence indicates Mueller has destroyed or is suppressing Brady material. There was an original 302 created within five days — by FBI protocol — of the Jan. 24, 2016 ambush interview of General Flynn by two agents — Strzok and Special Agent Joe Pientka. It is mentioned in the Strzok-Page text messages and on page four of the recrafted 302 Mueller filed. Comey read the original 302 before he was fired.”

Read more:

https://londoncenter.org/new-facts-indicate-mueller-destroyed-evidence-obstructed-justice/

 

More here:

https://citizenwells.com/

http://citizenwells.net/