Category Archives: Courts

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

Posted on January 23, 2020 | 30 comments

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

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

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

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

 

From the General Michael Flynn supplemental sentencing memorandum January 22, 2020.

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

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

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

Read more:

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

 

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

Posted on January 18, 2020 | 15 comments

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

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

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

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

 

From The Gateway Pundit January 17, 2020.

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

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

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

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

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

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

And yet the government is withholding this evidence!”

Read more:

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

Sidney Powell on The Larry O’Connor Show 01.16.2020

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

 

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

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

Posted on January 17, 2020 | 4 comments

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

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

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

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

 

From the General Michael Flynn

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

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

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

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

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

Read more:

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

 

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

Posted on January 16, 2020 | 10 comments

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

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

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

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

 

From The Gateway Pundit.

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

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

Sidney Powell made the claims tonight on Lou Dobbs.”

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

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

Read more:

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

 

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

Posted on January 15, 2020 | 9 comments

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

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

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

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

 

From the General Michael Flynn

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

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

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

Read more:

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

 

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

Posted on January 11, 2020 | 11 comments

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

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

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

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

 

From the Sharyl Attkisson appeal decision of March 21, 2019.

Judge Wynn dissenting opinion.

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

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

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

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

Read more:

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

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

 

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

Posted on January 7, 2020 | 7 comments

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

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

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

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

 

From the UNITED STATES’ SUPPLEMENTAL MEMORANDUM IN AID OF SENTENCING

UNITED STATES OF AMERICA
v.
MICHAEL T. FLYNN

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

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

Read more:

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

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

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

 

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General Flynn case, Dr. Rich Swier: “Judge Emmet Sullivan is a disgrace to the bench”, Denied all Brady evidence, Flynn victim of FBI and prosecutorial misconduct

Posted on December 29, 2019 | 8 comments

General Flynn case, Dr. Rich Swier: “Judge Emmet Sullivan is a disgrace to the bench”, Denied all Brady evidence, Flynn victim of FBI and prosecutorial misconduct

“Take all the robes of all the good judges who have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge.”...Henry Ward Beecher

“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

From Dr. Rich Swier December 29, 2019.

“Whitewashing Traitors While Destroying Patriots

My personal opinion is that Judge Emmet Sullivan is a disgrace to the bench regarding General Flynn’s case. Why? Because he is denying all Brady evidence requested by defense counsel, Sidney Powell, just as he denied requests for a mistrial in the case of Senator Stevens, a conviction he later dismissed. Sullivan has tossed General Flynn’s claim that he was a victim of FBI misconduct and accused his attorneys of plagiarism, writing that they had used parts of a 2012 brief from the non-profit New York Council of Defense Lawyers without citing the verbatim borrowing. Sidney Powell a plagiarist…he must have her confused with Joe Biden!!!

The Judge has set January 28th, 2020 for General Michael Flynn’s sentencing for a process crime based on a conversation he had with the Russian ambassador on December 29, 2016, seven weeks after the presidential election.

Sullivan relied heavily on the Mueller report and finds:

the case was adequately predicated and authorized by Rod Rosenstein; the original guilty plea to Judge Contreras was appropriately informed; the government followed all appropriate notifications for Brady material; the evidence of Flynn’s guilt is accurately demonstrable to the guilty plea Mr. Flynn accepted; and there was no prosecutorial misconduct.

Sullivan trusts Mueller (read that Andrew Weissmann, Mueller’s lead prosecutor) and Rod Rosenstein? Weissman, the attorney who screwed up the entire Enron case and should have been disbarred? Rosenstein, the temporary Attorney General under Jeff Sessions, the man who offered to wear a wire while speaking with President Trump? The Department of Justice (DOJ) who has denied requested Brady materials over and over again? And like so many other cases prosecuted by the DOJ, threats against the family to secure a plea of guilt. These Deep State impresarios are trustworthy? They are in fact licensed to lie! Sullivan is obviously part and parcel of the same corrupt cadre of individuals we’ve seen in the Obama DOJ.”

“Judge Sullivan presided over the 2008 trial of U.S. Senator Ted Stevens, who was convicted of seven felony ethics violations. During the trial, the judge refused requests by the defense for a mistrial to be declared, after information was revealed that the prosecution had withheld exculpatory Brady material. Eight days after the guilty verdict, Stevens narrowly lost his reelection bid, and without his vote against Obamacare, it passed. Did the judge withhold the truth in Stevens case until he lost the election?

As more evidence of prosecutorial misconduct became known in early 2009, Judge Sullivan held four prosecutors in civil contempt of court, including Andrew Weissmann. On April 1, 2009, following a Justice Department probe that found additional evidence of prosecutorial misconduct, the DOJ recommended that Stevens’ conviction be dismissed. Few people know that Robert Mueller oversaw the witch hunt against Senator Stevens.”

“And here we are again with the very same people in charge of destroying an innocent man’s life, a man who served his country with honor for 33 years, and in front of the same judge who is refusing to see the same criminal activity by the same Director of the FBI who served as Special Prosecutor in the phony Russian Collusion claim with sixteen Democratic Party operatives as investigators, including Andrew Weissmann who was held in civil contempt of court in a very similar case.”

“She was correct when she said, “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.”

Facing certain financial destruction and a criminal proceeding that would have harmed his family, Flynn copped to a minor crime, lying to the FBI, to avoid a crucible. I only wish Sidney Powell had been his defense from the beginning of this blatant attack on one of America’s finest.”

“The stench of corruption emanates from Obama’s DOJ and those within who aspired to destroy the will of America’s people. Those who are guilty of treasonous crimes walk free, while the innocents suffer.”

Read more:

https://drrichswier.com/2019/12/29/whitewashing-traitors-while-destroying-patriots/

ABOUT DR. RICH SWIER

“Rich holds a Doctorate of Education from the University of Southern California in Los Angeles, CA, a Master’s Degree in Management Information Systems from the George Washington University, Washington, D.C., and a Bachelor’s Degree in Fine Arts from Washington University, St. Louis, MO.

Rich is a 23-year Army veteran who retired as a Lieutenant Colonel in 1990. He was awarded the Legion of Merit for his years of service. Additionally, he was awarded two Bronze Stars with “V” for Heroism in ground combat, the Presidential Unit Citation, and the Vietnamese Cross of Gallantry while serving with the 101st Airborne Division in Vietnam. He is a graduate of the Field Artillery Officers Basic and Advanced Courses, and U.S. Army Command and General Staff College.”

Read more:

https://drrichswier.com/about-dr-rich-swier/

 

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Posted in Accountability, Barack Obama, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, Courts, Judges, Judicial misconduct, US Constitution

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

Posted on December 17, 2019 | 10 comments

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

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

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

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

 

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

General Michael Flynn is a victim.

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

Prosecutorial misconduct leading to coerced plea deals is apparently common.

From The Cato Institute August 8, 2019.

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

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

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

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

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

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

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

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

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

Read more:

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

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

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General Flynn case: impact of Horowitz IG Fisa Abuse report, Attorney Sidney Powell position of prosecutorial misconduct strengthened, Judge Sullivan outrage?

Posted on December 13, 2019 | 11 comments

General Flynn case: impact of Horowitz IG Fisa Abuse report, Attorney Sidney Powell position of prosecutorial misconduct strengthened, Judge Sullivan outrage?

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

“While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.”…Attorney General Barr

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

 

From The Federalist December 13, 2019.

“How The IG FISA Abuse Report Affects Michael Flynn’s Case”

Monday’s release of Inspector General Michael Horowitz’s 476-page tome on the Department of Justice and FBI’s misconduct in the lead up to and aftermath of the 2016 presidential election continues to make news—and rightly so. That the DOJ and FBI obtained a surveillance order from a secret court to spy on Carter Page with a series of applications riddled with errors, fabrications, and inexcusable omissions of material fact is shocking. The shocking breadth of the government’s misconduct raises an interesting corollary question: How will Judge Emmet Sullivan react to these devastating revelations?

Sullivan has been hunkered down in his chambers for the last month contemplating (or drafting) his ruling on attorney Sidney Powell’s pending motion in the criminal case against her client, Michael Flynn. Flynn had pleaded guilty to making a false statement to the FBI before Powell took over as his defense counsel. Flynn’s sentencing was postponed to allow Powell to get up to speed in the case. Soon after, Powell filed a motion to compel federal prosecutors to turn over Brady material and other evidence that had been withheld from Flynn’s previous attorneys.

In briefing the motion to compel, in addition to arguing that the government improperly withheld evidence from Flynn, Powell also claimed that “[t]he FBI had no factual or legal basis for a criminal investigation, nor did they have a valid basis for a counter-intelligence investigation against an American citizen, and they all knew it. The evidence the defense requests will eviscerate any factual basis for the plea and reveal conduct so outrageous—if there is not enough already—to mandate dismissal of this prosecution for egregious government misconduct.””

“Now that the report is out, the question is how it will affect Flynn’s case. While the IG report focused mainly on the DOJ and FBI’s conduct related to the four Foreign Intelligence Surveillance Act (FISA) applications used to obtain an order to surveil Page, Horowitz’s investigation and findings raise two issues of import in the case against Flynn.

First and foremost is the extensive evidence of government misconduct and abuse the IG uncovered. The misconduct was so extensive and egregious that it can only remind Judge Sullivan of the prosecutorial misconduct he witnessed when he presided over the DOJ’s criminal case against the late Sen. Ted Stevens—an investigation and prosecution that Sullivan would later conclude was “permeated by the systematic concealment of significant exculpatory evidence…”

Soon after taking over Flynn’s case, Powell had evoked the Stevens’ prosecution as a comparator, but the IG report adds gravitas to her comparison. When asked about the effect of Horowitz’s report, Powell told The Federalist, “given the stunning lies and conduct by the FBI painfully documented in the report, I would expect Judge Sullivan—at a minimum—to order the production of everything we requested. Yet again, we see the DOJ learned nothing from the Ted Stevens case. Stronger action is required to impress upon the government a rejection of its reprehensible conduct.” Powell added that “far too many in the FBI and DOJ are willing to hide evidence, falsify documents and make up crimes to achieve their objectives—regardless of their motives.”

Before the IG report, Judge Sullivan might have put Powell’s claim of egregious prosecutorial misconduct down to “zealous advocacy.” But it is impossible to contemplate the Sullivan who tossed the Stevens’ case reacting with anything less than outrage to the recent revelations of misconduct. And while the IG report may seem only tangentially related to Flynn, most of the same bad actors were involved in both the Page and Flynn investigations.”

Read more:

https://thefederalist.com/2019/12/13/how-the-ig-fisa-abuse-report-affects-michael-flynns-case/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

11 Comments

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

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