Category Archives: Courts

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

Posted on June 2, 2020 | 5 comments

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

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

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

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

 

From the

BRIEF FOR THE UNITED STATES

June 1, 2020.

US v Michael Flynn.

“The Constitution vests in the Executive Branch the power to decide
when—and when not—to prosecute potential crimes. Exercising that Article II
power here, the Executive filed a motion to dismiss the indictment, and
petitioner consented. Despite that exercise of prosecutorial discretion, and the
lack of any remaining Article III controversy between the parties, the district
court failed to grant the motion and bring the case to a close. It instead
appointed an amicus curiae to argue against dismissal and to consider additional
criminal charges.

This Court should issue a writ of mandamus compelling dismissal.
Federal Rule of Criminal Procedure 48(a) provides that “[t]he government may,
with leave of court, dismiss an indictment.” That language does not authorize
a court to stand in the way of a dismissal the defendant does not oppose, and
any other reading of the Rule would violate both Article II and Article III.
Nor, under the circumstances of this case, may the district court assume the role
of prosecutor and initiate criminal charges of its own. Instead of inviting further
proceedings, the court should have granted the government’s motion to dismiss.
And given the court’s infringement on the Executive’s performance of its
constitutional duties, a writ of mandamus is appropriate, as this Court held in
similar circumstances in United States v. Fokker Services B.V., 818 F.3d 733
(D.C. Cir. 2016).”

Read more:

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

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

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

Posted on May 29, 2020 | 27 comments

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

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

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

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

 

From the

BRIEF OF FEDERAL PRACTITIONERS AS AMICI CURIAE

filed by Trey Gowdy May 28, 2020.

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

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

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

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

Read more:

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

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

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

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

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

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

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Joe Biden named as accused perpetrator in Ukraine court complaint, Biden pressure on President Petro Poroshenko to fire chief prosecutor Victor Shokin

Posted on May 20, 2020 | 18 comments

Joe Biden named as accused perpetrator in Ukraine court complaint, Biden pressure on President Petro Poroshenko to fire chief prosecutor Victor Shokin

“Joe Biden “Outraged We Seized Burisma Assets”, Could No Longer Pay His Son…”…Former Ukraine Prosecutor Shokin

“One of the downstream consequences of Rudy Giuliani investigating the Ukraine corruption and money laundering operation to U.S. officials is that it ends up catching Senator Graham.”…Conservative Treehouse

“I discovered a pattern of corruption that the Washington press covered up for years! I’m also going to bring out a massive pay-for-play scheme under the Obama Administration that will devastate the Democrat Party. Do you honestly think I’m intimidated?”…Rudy Giuliani,

 

From John Solomon May 19, 2020.

“Ukraine judge orders Joe Biden be listed as alleged perpetrator of crime in prosecutor’s firing”

“The infamous story of Joe Biden’s effort to force the firing of Ukraine’s chief prosecutor in 2016 has taken a new legal twist in Kiev, just as the former vice president is sewing up the 2020 Democratic presidential nomination in America.

In Kiev late last month, District Court Judge S. V. Vovk ordered the country’s law enforcement services to formally list the fired prosecutor, Victor Shokin, as the victim of an alleged crime by the former U.S. vice president, according to an official English translation of the ruling obtained by Just the News.

The court had previously ordered the Prosecutor General’s Office and the State Bureau of Investigations in February to investigate Shokin’s claim that he was fired in spring 2016 under pressure from Biden because he was investigating Burisma Holdings, the natural gas company where Biden’s son Hunter worked.

The court ruled then that there was adequate evidence to investigate Shokin’s claim that Biden’s pressure on then-President Petro Poroshenko, including a threat to withhold $1 billion in U.S. loan guarantees, amounted to unlawful interference in Shokin’s work as Ukraine’s chief prosecutor.

But when law enforcement agencies opened the probe they refused to name Biden as the alleged perpetrator of the crime, instead listing the potential defendant as an unnamed American.

Vovk ruled that anonymous listing was improper and ordered the law enforcement agencies to formally name Biden as the accused perpetrator.”

Read more:

https://justthenews.com/accountability/russia-and-ukraine-scandals/ukraine-judge-orders-joe-biden-be-listed-alleged

Biden Poroshenko phone calls leaked, $1 Billion “Quid Pro Quo” To Fire Burisma Prosecutor, Ukrainian MP Andrii Derkach leaked, John Kerry laid out case to fire Shokin

https://citizenwells.com/2020/05/19/biden-poroshenko-phone-calls-leaked-1-billion-quid-pro-quo-to-fire-burisma-prosecutor-ukrainian-mp-andrii-derkach-leaked-john-kerry-laid-out-case-to-fire-shokin/

 

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Posted in Accountability, Barack Obama, Biden real estate, Bribery, Citizen News, Citizens for the truth about Obama, CitizenWells, corruption, Courts, US Senate

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

Posted on May 19, 2020 | 12 comments

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

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

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

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019

 

From the Sidney Powell 

EMERGENCY PETITION FOR A WRIT OF MANDAMUS

Filed May 19, 2020.

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

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

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

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

Read more:

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

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

Posted on May 19, 2020 | 2 comments

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

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

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

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

 

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

STATUS REPORT UPDATE

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

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

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

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

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

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

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

From Citizen Wells May 14, 2020.

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

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

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

Read more:

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

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

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

Posted on May 14, 2020 | 42 comments

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

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

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

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

 

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

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

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

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

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

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

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

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

Read more:

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

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

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

Read more:

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

An order was filed yesterday May 13, 2020.

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


			

				Posted on May 13, 2020 | 9 comments
			


				

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


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


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


“Instead of doing so, the government has continued to defy its

constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019


 


From United States v Michael Flynn May 12, 2020.


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


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


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


From Fox News.


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


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




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




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


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


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


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


Read more:


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


Enough is enough!


Judge Sullivan should be removed from the bench.




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

								
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Seth Rich update, Where is key witness Ellen Ratner?, Six unsuccessful attempts to serve subpoena in Aaron Rich v Butowsky et al, Ratner knows who leaked DNC docs


			

				Posted on May 12, 2020 | 10 comments
			


				

				
Seth Rich update, Where is key witness Ellen Ratner?, Six unsuccessful attempts to serve subpoena in Aaron Rich v Butowsky et al, Ratner knows who leaked DNC docs


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


“The FBI clearly has records pertaining to Seth Rich, and it has withheld those

records in bad faith.”…Attorney Ty Clevenger October 11, 2019


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


 


Multiple witnesses for the Aaron Rich v ED Butowsky, et al lawsuit have attempted to be served.


Sy Hersh has been served for a June 15 deposition.


But where is Ellen Ratner, whose brother had been an attorney for and who met with Julian Assange?


From Aaron Rich v ED Butowsky, et al  May 11, 2020.


STATUS REPORT

Pursuant to the order of Judge Richard J. Leon, dated April 23, 2020, Dkt. 182 (the “Order”), Defendants Edward Butowsky and Matthew Couch provide the following status reporton the service of additional subpoenas authorized pursuant to the Order.


Sy Hersh

Sy Hersh had been previously served but the date for the deposition has passed. A subpoena directing Sy Hersh to appear for a deposition on June 15, 2020 has been served as set forth on Ex. 1 to the Declaration of Eden P. Quainton, dated May 11, 2020 (the “Quainton Decl.”).


Ellen Ratner

Six unsuccessful attempts to serve Ellen Ratner at addresses in California and New York have been made and Defendants have performed several “skip trace” searches attempting to locate Ms. Ratner.”


“Ms. Ratner remains unserved. Defendants have instructed their process server to continue attempting to locate and serve the correct Ellen Ratner. Quainton Decl. Ex. 13. However, counsel for Defendants respectfully requests that permission be given for alternative means of service, such as through social media, since it appears unlikely service will be successful on Ms. Ratner

by conventional means.”


“Metropolitan Police Department (the “MPD”)

Defendants had previously unsuccessfully attempted to serve the MPD. Dkt. 183 at 19. Defendant Butowsky reissued a subpoena and unsuccessfully attempted service. Quainton Decl. Ex. 14. He was directed to effect service by certified mail, which Defendant has authorized. Id.; Quainton Decl. Ex. 15. As of today, the MPD remains unserved. Counsel does not yet have confirmation that the MPD has received and is accepting service of the subpoena sent by certified mail.”


Read more:


https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.200.0.pdf


“From Citizen Wells November 12, 2019.


The facts and why Julian Assange is the key witness in the DNC leak and disproving a Russian hack:


    

  1. Julian Assange, in a January 4, 2017 CNN video states: “Our source is not the Russian Government”
    2. 

  2. Fox News analyst Ellen Ratner, representing the left, at a Embry University symposium on November 9, 2016: “Ellen Ratner can confirm that the Saturday before the Election 2016, she met with Wikileaks founder Julian Assange for 3 hours. He told her that Russia did not “hack” the DNC, it was from an internal source.”
    3. 

  3.  Rep. Rohrabacher, in a August 2017 interview with John Solomon of the The Hill, stated: “Our three-hour meeting covered a wide array of issues, including the WikiLeaks exposure of the DNC [Democratic National Committee] emails during last year’s presidential election,” Rohrabacher said, “Julian emphatically stated that the Russians were not involved in the hacking or disclosure of those emails.”
    4. 

  4. Attorney Ty Clevenger: “Fox News news analyst Ellen Ratner relayed information from Wikileaks founder Julian Assange to Texas businessman Ed Butowsky regarding Seth Rich’s role in transferring emails to Wikileaks, according to an amended lawsuit that I filed this morning on behalf of Mr. Butowsky.”
    5. 



Read more:


https://citizenwells.com/2019/11/12/julian-assange-key-witness-why-barr-should-protect-why-brennan-strzok-and-doj-needed-assange-arrested-ellen-ratner-and-rep-rohrabacher-confirmed/




More here:


https://citizenwells.com/


http://citizenwells.net/


 


 


 


 


 


 


 


 


 

							

	
			

				
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						Posted in Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Courts, FBI, Murder, Seth Rich					

								
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US v Michael Flynn dismissed May 7, 2020 by Timothy Shea US attorney, “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional purposes”


			

				Posted on May 7, 2020 | 30 comments
			


				

				
US v Michael Flynn dismissed May 7, 2020 by Timothy Shea US attorney, “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional 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


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


“Instead of doing so, the government has continued to defy its

constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019


 


From US v Michael Flynn


“GOVERNMENT’S MOTION TO DISMISS THE CRIMINAL INFORMATION AGAINST THE DEFENDANT MICHAEL T. FLYNN 


The United States of America hereby moves to dismiss with prejudice the criminal information filed against Michael T. Flynn pursuant to Federal Rule of Criminal Procedure 48(a). The Government has determined, pursuant to the Principles of Federal Prosecution and based on an extensive review and careful consideration of the circumstances, that continued prosecution of this case would not serve the interests of justice.”


“After a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information appended to the defendant’s supplemental pleadings, ECF Nos. 181, 188-190,1

the Government has concluded that the interview of Mr. Flynn was

untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn—a no longer justifiably predicated investigation that the FBI had, in the Bureau’s own words, prepared to close because it had yielded an “absence of any derogatory information.” Ex. 1 at 4, FBI FD-1057 “Closing Communication” Jan. 4, 2017 (emphases added). The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative

basis and therefore does not believe Mr. Flynn’s statements were material even if untrue. Moreover, we not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.”


“The advocacy function of a prosecutor includes seeking exoneration and confessing error to correct an erroneous conviction.” Warney v. Monroe Cty.., 587 F.3d 113, 125 (2d Cir. 2009). So in the final analysis, irrespective of Mr. Flynn’s plea, “prosecutors have a duty to do justice.” Darui, 614 F. Supp. 2d at 37; see also Marshall v. Jerrico, Inc., 446 U.S. 238, 249

(1980) (“Prosecutors are also public officials; they too must serve the public interest.”) (citation omitted). Federal prosecutors possess “immense power to strike at citizens, not with mere individual strength, but with all the force of government itself.” Robert H. Jackson, The Federal Prosecutor, 24 Judicature 18, 18 (1940) (address delivered at the Second Annual Conference of

United States Attorneys, April 1, 1940). For that reason, “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional purposes, and who approaches [the] task with humility.” Id. Based on a careful assessment of the balance of proof, the equities, and the federal interest served by continued prosecution of false statements that were not “material” to any bona fide investigation, the Government has concluded that the

evidence is insufficient to prove its case beyond a reasonable doubt. The Government therefore moves to dismiss the criminal information under Rule 48(a). ”


Read more:


https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.198.0_6.pdf




More here:


https://citizenwells.com/


http://citizenwells.net/


 


 


 


 

							

	
			

				
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Sidney Powell on Covington Law Firm discovery deficiencies US v Flynn, May 6, 2020 filing, “Covington’s submission is rife with admissions that it has not complied and will not comply with this Court’s Order”


			

				Posted on May 7, 2020 | 4 comments
			


				

				
Sidney Powell on Covington Law Firm discovery deficiencies US v Flynn, May 6, 2020 filing, “Covington’s submission is rife with admissions that it

has not complied and will not comply with this Court’s 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


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


“Instead of doing so, the government has continued to defy its

constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019


 


From US v Michael Flynn


MOTION TO COMPEL AND RESPONSE TO

COVINGTON & BURLING’S DISCOVERY CERTIFICATION 


Michael T. Flynn’s former counsel Covington & Burling LLP (“Covington”) was twice ordered by this Court to search its records and to produce to its former client the documents to which he is entitled, for use by successor counsel in continuing defense of this criminal case. It has been almost a year since Mr. Flynn terminated Covington, and over nine months since this Court issued its first Minute Order, on July 16, 2019.


In that first Order, this Court emphasized Covington’s duty to promptly transfer the file regarding Mr. Flynn’s case to successor counsel. On July 25, 2019, Covington certified to this Court that its transfer of Mr. Flynn’s “case file” to new counsel was “complete,” and that its working case file shared by lawyers engaged on the matter.” ECF No. 99-2 at 1. The new Flynn defense team took Covington at its word. After all, it provided numerous hard drives and over a million pages of documents, including things like the rules for the D.C. courts.


Almost a year later, on April 9, 2020, Covington alerted Mr. Flynn’s current counsel that it was transferring more documents, beginning with 30 new pages of production that it had previously overlooked. ECF No. 177-2. This supplemental transfer—it was to be the first of three to date—included internal emails discussing case strategy and two pages of handwritten notes, one

of which is relevant to the crucial lawyer-client dispute that had arisen in the interim. That precise dispute is the foundation for Mr. Flynn’s Supplemental Motion to Withdraw Guilty Plea. ECF No. 160-2.


On April 28, 2020, Covington announced a second supplemental transfer of “overlooked” documents. ECF No. 183-1. Remarkably, this second transfer contained 6,756 documents, consisting of some 18,960 pages (calculated by Bates numbers). On the same day, April 28, 2020, this Court sua sponte issued a further Minute Order, directing Covington to produce forthwith to

successor counsel “all documents or communications concerning the firm’s representation of Mr. Flynn that were not previously transferred in the rolling production” (emphasis added). The Court gave Covington until noon on May 4, 2020, to file a Notice of Compliance that it had made the instructed transfer.


Finally, in what purported to be compliance with the April 28, 2020 Order, Covington made a third supplement transfer of documents on May 2, 2020. The third tranche consisted of 75 pages in eight documents. Some were duplicate copies of material that Mr. Flynn’s counsel had already seen, but with notations by Covington lawyers. There were also thirty-two pages of handwritten notes that had not previously been produced. Then, on May 4, 2020, Covington filed

a Notice of “Compliance”—full of lame excuses and obfuscations for its unilateral determination not to comply with this Court’s Order. ECF No. 192.


Despite its purported compliance, Covington’s submission is rife with admissions that it has not complied and will not comply with this Court’s Order. At worst, Covington is attempting to convince this Court to accept compliance with an order that the Court did not issue. At best, Covington is seeking clarification of the Court’s actual order to excuse its non-compliance. There

are three chief areas of concern.”


Read more:


https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.194.0_1.pdf




More here:


https://citizenwells.com/


http://citizenwells.net/


 

							

	
			

				
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						Posted in Attorney General, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, Courts, Defense, Election 2016, Ethics, FBI, US Department of Justice					

								
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