Category Archives: Courts

Seth Rich update Attorney Ty Clevenger July 22, 2020, Updated FOIA lawsuit, FBI Section Chief David M. Hardy gone?, Why “street robbery” investigation classified?

Seth Rich update Attorney Ty Clevenger July 22, 2020, Updated FOIA lawsuit, FBI Section Chief David M. Hardy gone?, Why “street robbery” investigation  classified?

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

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

 

From Attorney Ty Clevenger July 22, 2020.

  • “On Monday, I filed an updated Freedom of Information Act lawsuit for records about Seth Rich, the Awan family, and government surveillance of journalists.
  • Re: Seth Rich, keep an eye on the National Security Division of the Justice Department. As you can see from the federal complaint, the NSD ignored a FOIA request that I filed back in 2018 for records about Seth Rich. And look at Paragraph 16, plus Exhibit 8. I think NSD is playing a bigger role in the “Russian hacking” narrative than most of us understood. By sending Seth Rich records there, it’s easier to keep things classified. So why would a “street robbery” investigation need to be classified?
  • In the Huddleston FOIA case, the government’s response is due on August 10, 2020. Mark your calendar. By that date, the FBI will have to explain what it has done to locate and produce records about Seth Rich. And this time around, the FBI doesn’t have the luxury of denying that the records exist.”

“One more thing: A couple of weeks ago I noticed that the FBI’s FOIA letters were no longer signed by Section Chief David M. Hardy, but by Acting Section Chief Michael G. Seidel. What happened to Mr. Hardy? You may recall that Mr. Hardy filed a sworn declaration in 2018 claiming that the FBI searched its files and located no records about Seth Rich.

In September of 2019, however, Judicial Watch obtained an email string about Seth Rich in response to a FOIA request for communications between FBI lovebirds Peter Strzok and Lisa Page, and in March of 2020 former U.S. Attorney Deborah Sines testified that the FBI had investigated Seth Rich’s laptop and his online accounts. In other words, Mr. Hardy’s testimony was false.

I repeatedly asked U.S. Attorney John Durham and DOJ Inspector General Michael Horowitz to investigate whether Mr. Hardy lied under oath, and in an April 22, 2020 letter Mr. Horowitz wrote that he referred my complaint to the FBI’s Inspection Division. Was Mr. Hardy forced out? I don’t know, but if you have any inside information, please send it my way.”

Read more:

http://lawflog.com/

 

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Flynn brief US Court of Appeals July 20, 2020, Attorney Powell: “district court has hijacked and extended a criminal prosecution for almost three months for its own purposes”

Flynn brief US Court of Appeals July 20, 2020, Attorney Powell: “district court has hijacked and extended a criminal prosecution for almost three months for its own purposes”

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna 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

 

From the brief filed by Attorney Sidney Powell at the US Court of Appeals District of Columbia July 20, 2020.

MICHAEL T. FLYNN’S OPPOSITION TO REHEARING EN BANC

“No federal circuit has countenanced rehearing of a mandamus on
petition by a district judge. Judge Sullivan has no cognizable interest in
the case. Rehearing should be denied because the panel properly applied
the longstanding use of mandamus to which General Flynn is clearly
entitled “to confine an inferior court to a lawful exercise of its prescribed
jurisdiction or to compel it to exercise its authority when it is its duty to
do so.” Roche v. Evaporated Milk Ass’n, 319 U.S. 21, 26 (1943). Here, it
is both.

Rehearing is not warranted under Fed. R. App. P. 35(a)(1) because
there is no conflict with any decision. The opinion is not only consistent
with—but required by—United States v. Fokker Servs. B.V., 818 F.3d 733
(D.C. Cir. 2016), and United States v. Ammidown, 497 F.2d 615 (D.C. Cir.
1973). Ammidown recognizes the responsibility of the Executive Branch
to determine “the public interest” to justify dismissal. Id. at 620. Only
the prosecutor is “in a position to evaluate the government’s prosecution
resources and the number of cases it is able to prosecute.” Id. at 621.
Dismissal is required upon the Government’s statement of reasons. As
the Second Circuit wrote when reversing then Judge Gleeson for selfaggrandizing his role in reviewing a deferred prosecution agreement, to do otherwise would turn “the presumption [of regularity] on its
head.” United States v. HSBC Bank USA, N.A., 863 F.3d 125, 136 (2d
Cir. 2017).

The district court exceeded its constitutional authority by
appointing amicus to work against General Flynn after the parties
agreed to dismissal. The Constitution and all precedent applying or
analyzing Fed. R. Crim. P. 48(a) mandate dismissal on the robust
substantive motion of the government—every case. Even if this were an
issue of first impression, this Court has held that “mandamus is
appropriate” where there is “a substantial allegation of usurpation of
power.” In re Sealed Case No. 98-3077, 151 F.3d 1059, 1067 (D.C. Cir.
1998) (citing Schlagenhauf v. Holder, 379 U.S. 104, 111 (1964)); see Ex
parte Peru, 318 U.S. 578, 587 (1943) (“delay and inconvenience of a
prolonged litigation [must] be avoided by prompt termination of the
proceedings in the district court”). The district court’s delay here has
extended this litigation and impaired General Flynn’s freedom for an
additional ten weeks so far.”

“The district court has hijacked and extended a criminal prosecution
for almost three months for its own purposes. For these reasons and
those in Flynn’s Petition and Reply, and the arguments and briefs of the
Government, this Court should deny rehearing and issue mandamus to
dismiss with prejudice instanter.”

https://www.scribd.com/document/469785869/Flynn-Brief-on-Rehearing#from_embed

 

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Latest Flynn discovery docs revealed in Sidney Powell supplemental filing July 10, 2020, “additional Brady violations and even more reasons requiring dismissal of the case against General Flynn”

Latest Flynn discovery docs revealed in Sidney Powell supplemental filing July 10, 2020, “additional Brady violations and even more reasons
requiring dismissal of the case against General Flynn”

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

 

From the Second Supplement in Support of Agreed Dismissal

filed by Attorney Sidney Powell July 10, 2020.

“Mr. Jensen’s review has unearthed additional exculpatory evidence.
Accordingly, as dismissal has not yet been granted and General Flynn must establish and preserve the record, General Flynn provided his first supplement seasonably on June 24, 2020,ECF No. 231, and now files this Second Supplement.

On July 7, 2020, the Government produced to General Flynn 14-pages of
additional evidence, demonstrating (i) his innocence; (ii) the absence of any crime; (iii) government misconduct in the investigation of General Flynn; and (iv) prosecutorial misconduct in the suppression of evidence favorable to the defense in violation of Brady v. Maryland, 373 U.S. 83 (1963) and this Court’s Brady order. These documents both corroborate information provided by others previously and provide new information known to at least ten people at the highest levels of the Department of Justice and the FBI. This evidence negates multiple essential elements required for the prosecution of a false statement offense.

These documents establish that on January 25, 2017—the day after the agents
ambushed him at the White House—the agents and DOJ officials knew General
Flynn’s statements were not material to any investigation, that he was “open and
forthcoming” with the agents, that he had no intent to deceive them, and that he
believed he was fully truthful with them. In short, there was no crime for many
reasons. These documents were known to exist at the highest levels of the Justice
Department and by Special Counsel, yet they were hidden from the defense for three years.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.237.0.pdf

 

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Judge Sullivan petition for en banc review of General Flynn case, July 9, 2020, Sidney Powell: Flynn “totally set up” because he threatened to expose Obama Administration

Judge Sullivan petition for en banc review of General Flynn case, July 9, 2020, Sidney Powell: Flynn “totally set up” because he threatened to expose Obama Administration

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

 

From Just The News July 9, 2020.

“Judge in Flynn cases now want full court to decide whether to dismiss case, filed court docs show”

“Attorneys for the federal judge overseeing the Michael Flynn case filed court documents Thursday requesting a full panel of judges be allowed to hear briefings and arguments on a pending motion to dismiss the U.S. government’s case against the former national security adviser. The attorneys argue the three-member panel of judges that denied the effort “marks a dramatic break from precedent that threatens the orderly administration of justice.”

In the 68-page document filed in the U.S. Court of Appeals for the District of Columbia Circuit, attorneys for Judge Emmet Sullivan argue three main points: that the 2-1 majority rule by the panel in June undermined the court’s “consistent interpretation” of standards that would forcing the district court to grant a motion it had not yet resolved; the panel undercut Supreme and Circuit court precedent on such matters, and thirdly, that the panel contravened Supreme Court and Circuit precedent in precluding the district court from appointing an amicus and scheduling a hearing. ”

Read more:

https://justthenews.com/government/courts-law/judge-flynn-cases-now-want-full-court-decide-whether-dismiss-case-filed-court

Judge Sullivan petition:

https://context-cdn.washingtonpost.com/notes/prod/default/documents/ab09125a-a5cc-4b13-918c-71410137e0ee/note/d4fc89c7-af0b-4bf3-8f7c-24b93c96f1a3.#page=1

 

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Flynn prosecution discovery filed July 7, 2020 Deputy Asst Atty Gen Tashina Gauhar and Peter Strzok notes from Jan 25 2017 meeting, Boente notes

Flynn prosecution discovery filed July 7, 2020 Deputy Asst Atty Gen Tashina Gauhar and Peter Strzok notes from Jan 25 2017 meeting, Boente notes

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“According to Strzok’s notes, it appears that Vice President Biden personally raised the idea of the Logan Act. That became an admitted pretext to investigate General Flynn,”…Attorney Sidney Powell

 

 

From the General Michael Flynn case July 7, 2020

NOTICE OF DISCOVERY CORRESPONDENCE

“The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby files with the Court its most recent discovery correspondence in this case.”

“Dear Counsel:
As we have previously disclosed, beginning in January 2020, the United States Attorney for the Eastern District of Missouri has been conducting a review of the Michael T. Flynn investigation. The enclosed documents were obtained and analyzed by USAO EDMO during the course of its review. The documents include handwritten notes of former Deputy Assistant ttorney General Tashina Gauhar from a January 25, 2017 meeting (23487-80), notes of former
Deputy Assistant Director Peter Strzok from that same meeting (23491-92), an internal DOJ document dated January 30, 2017 (23493-97), and handwritten notes of then Acting Attorney General Dana Boente, dated March 30, 2017 (23498-500). These materials are covered by the Protective Order entered by the Court on February 21, 2018; additional documents may be forthcoming.

Sincerely,
MICHAEL R. SHERWIN
Acting United States Attorney”

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.235.0.pdf

 

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Obamagate: Peter Strzok’s January 2017 notes implicate Obama and Biden?, Obama directed that ‘the right people’ investigate General Flynn

Obamagate: Peter Strzok’s January 2017 notes implicate Obama and Biden?, Obama directed that ‘the right people’ investigate General Flynn

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“According to Strzok’s notes, it appears that Vice President Biden personally raised the idea of the Logan Act. That became an admitted pretext to investigate General Flynn,”…Attorney Sidney Powell

 

Peter Strzok’s January 2017 notes, presented in discovery recently, were made public in court on Wednesday, June 24, 2020.

From John Solomon at Just The News.

“Strzok’s newly discovered FBI notes deliver jolt to ‘Obamagate’ evidence

James Comey had no business meeting with Obama White House on Flynn case, former FBI executive says.

The belated discovery of disgraced FBI agent Peter Strzok’s January 2017 notes raises troubling new questions about whether President Obama and Vice President Joe Biden were coordinating efforts during their final days in office to investigate Trump national security adviser Michael Flynn — even as the FBI wanted to shut down the case.

Investigators will need to secure testimony from Strzok, fired two years ago from the FBI, to be certain of the exact meaning and intent of his one paragraph of notes, which were made public in court on Wednesday.

But they appear to illuminate an extraordinary high-level effort by outgoing Obama-era officials during the first weekend of January to find a way to sustain a counterintelligence investigation of Flynn in the absence of any evidence of wrongdoing.

The Justice Department says the notes were written between Jan. 3-5, 2017, the very weekend the FBI agent who had investigated Flynn’s ties to Russia for five months recommended the case be closed because there was “no derogatory” evidence that he committed a crime or posed a counterintelligence threat. FBI supervisors overruled the agent’s recommendation.”

“Sidney Powell, Flynn’s lawyer, laid out the potential ramifications of the notes in a court filing on Wednesday, calling the new evidence “stunning and exculpatory.”

“Mr. Obama himself directed that ‘the right people’ investigate General Flynn. This caused former FBI Director Comey to acknowledge the obvious: General Flynn’s phone calls with Ambassador Kislyak ‘appear legit,’” Powell argued in her new motion.

“According to Strzok’s notes, it appears that Vice President Biden personally raised the idea of the Logan Act. That became an admitted pretext to investigate General Flynn,” she added.”

Read more:

https://justthenews.com/accountability/russia-and-ukraine-scandals/strzoks-newly-discovered-fbi-notes-deliver-sensational

Strzok Notes:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.231.1_1.pdf

 

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

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

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

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

 

From the

NOTICE OF DISCOVERY CORRESPONDENCE

in the General Michael Flynn case JUne 23, 2020.

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

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

From John Solomon at Just The News.

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

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

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

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

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

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

Read more:

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

 

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

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

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

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

 

From the

GENERAL FLYNN’S BRIEF
IN OPPOSITION TO AMICUS

Filed June 17, 2020 by Attorney Sidney Powell.

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

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

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

Read more:

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

 

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

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

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

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

 

The Deep State is getting desperate.

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

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

From his Amicus brief filed June 10, 2020.

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

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

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

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

Read more:

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

General Flynn was never charged with perjury.

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

From Attorney Leslie McAdoo Gordon.

“Sullivan Lacks Authority to Charge Flynn with Perjury

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

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

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

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

Read more:

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

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

What other “devils'” interests does he represent?

 

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