Category Archives: FBI

Mueller prosecutors ‘satanic’ says Roger Stone, Not believers in God, “vengeance is God’s”, Trump: “The Democrats are getting caught doing very evil things”

Mueller prosecutors ‘satanic’ says Roger Stone, Not believers in God, “vengeance is God’s”, Trump: “The Democrats are getting caught doing very evil things”

“Congratulations to former Governor of New Jersey, Chris Christie, and all others involved, on a complete and total exoneration (with a 9-0 vote by the U.S. Supreme Court) on the Obama DOJ Scam referred to as ‘Bridgegate,'” the president tweeted.

“The Democrats are getting caught doing very evil things, and Republicans should take note. This was grave misconduct by the Obama Justice Department!” he added.”...President Trump

“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

“For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”…Ephesians 6:12 

 

From Just The News.

“Roger Stone unbound, ungagged: Mueller prosecutors ‘satanic’

“I really do believe that those who are trying to undo this president, those who are trying to destroy me, trying to destroy Michael Flynn — who’s a very good man and great American patriot war hero — I do believe they’re satanic,” Stone tells Just The News in a podcast interview for The Pod’s Honest Truth. “I don’t believe that any of these people involved in my prosecution are really believers in God.”

“Stone’s recent biblical talk is no surprise, given his decision earlier this year to follow Jesus. After a rough 2019 that saw him convicted of lying to Congress and obstructing a congressional investigation into the now-debunked Trump-Russian collusion narrative, Stone drew closer to God. Now, President Trump has commuted his sentence, and it has freed Stone to speak out against a prosecution team he believes was stacked against him from the start. ”

“The prosecutors in my view were not honest,” Stone says. “I think they were politically motivated. They wanted me to lie, to bear false witness against the president in return for some kind of leniency … I know of no illegal or inappropriate actions by the president whatsoever. They went through every email, every text message, and every phone call. There is no evidence to the contrary.”

“Stone details his long bill of alleged prosecutorial abuses in a recent opinion piece. Speaking to Just the News, Stone specifically pointed to a very unusual request by the prosecution. “The prosecutors in the case made a motion before the court that I could not raise the misconduct of the Office of Special Counsel, or the Department of Justice, or the FBI, or any member of Congress in my defense,” says Stone. “Now, firstly, that’s unconstitutional … but if you think about it for a moment, why would the prosecution even make such a motion, if there was no misconduct for me to raise?””

Read more:

https://justthenews.com/government/courts-law/roger-stone-unbound-ungagged-mueller-prosecutors-satanic

 

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http://eachstorytold.com/

 

 

 

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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Flynn Petition for a Writ of Mandamus granted in part June 24, 2020 US Court of Appeals DC, “order the district court to grant the government’s Rule 48(a) motion to dismiss the charges against Flynn”

Flynn Petition for a Writ of Mandamus granted in part June 24, 2020 US Court of Appeals DC, “order the district court to grant the government’s Rule 48(a) motion to dismiss the charges against 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

“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 US Court of Appeals DC, June 24, 2020.

On Emergency Petition for a Writ of Mandamus

Decision

“Because this is not the unusual case where a more
searching inquiry is justified, and because there is no adequate
remedy for the intrusion on “the Executive’s long-settled
primacy over charging decisions,” Fokker Servs., 818 F.3d at
743, we grant the petition for mandamus in part and order the
district court to grant the government’s Rule 48(a) motion to
dismiss the charges against Flynn.

We deny Flynn’s petition to the extent he seeks
reassignment of the district judge. This case does not meet the
“high bar” for reassignment, id. at 751, which would be
appropriate only if the district judge’s conduct was “so extreme
as to display clear inability to render fair judgment,” Liteky v.
United States, 510 U.S. 540, 551 (1994). Flynn focuses
primarily on comments the district judge made at sentencing,
but “judicial remarks during the course of a trial that are critical
or disapproving of, or even hostile to, counsel, the parties, or
their cases, ordinarily do not support a bias or partiality
challenge.” Id. at 555; see also In re Barry, 946 F.2d 913, 914
(D.C. Cir. 1991) (“[A] trial judge is entitled to form his own judgment as to the conduct of a defendant and to take that
judgment into account in sentencing.”). In light of these
precedents, the district judge’s conduct did not indicate a clear
inability to decide this case fairly. We decline to reassign the
case to a new judge simply to grant the government’s Rule
48(a) motion to dismiss.”

Read more:

https://www.cadc.uscourts.gov/internet/opinions.nsf/79798A0FA0633B7985258591004DD3E7/$file/20-5143-1848728.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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Flynn reply brief US Court of Appeals filed by Attorney Sidney Powell June 10, 2020, ” If courts aspire to do more, then law will become what the judges say it is”

Flynn reply brief US Court of Appeals filed by Attorney Sidney Powell June 10, 2020, ” If courts aspire to do more, then law will become what the
judges say it is”

“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

REPLY BRIEF OF MICHAEL T. FLYNN

filed by Attorney Sidney Powell June 10, 2020.

“Twenty percent—more than 500—of former criminal defendants
named in the National Registry of Exonerations had pleaded guilty.1
Even following a guilty plea, a Government motion to dismiss is neither
rare nor suspect. The Fourth and Fifth Circuits have ordered dismissals
specifically in those circumstances. App.81-83; United States v. Smith 55
F.3d 157 (4th Cir. 1995). This is especially true where that motion arises
from a lengthy independent review of the Government’s own file. “Here,
the Attorney General … tasked an experienced prosecutor with
investigating the matter, and then took decisive action to fulfil his duty
[of correcting injustice] with the filing of the government’s motion to
dismiss.” Brief Amicus Curiae of Former United States Attorney General
Edwin Meese III at 8. That motion disclosed stunning exculpatory
evidence—evidence Respondent and his quiver of Amici elide.”

“The Government’s Motion to Dismiss fulfills the highest and best
tradition of the Department of Justice: to seek justice—not convictions.
See Meese Amicus Brief at 8-9 (citing Attorney General (later Justice)
Jackson). As the Supreme Court wrote in Berger v. United States, 295
U.S. 78, 88 (1935), “The United States Attorney is the representative not
of an ordinary party to a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its obligation to
govern at all; and whose interest, therefore, in a criminal prosecution is
not that it shall win a case, but that justice shall be done.”

IV. Conclusion
As Attorney General Meese notes in his Amicus Brief, “[i]f the
courts [administer the law impartially], they will inspire the public’s confidence. If courts aspire to do more, then law will become what the
judges say it is, and that will lead the nation into judicial supremacy
where the people are ruled by judges, not by the rule of law.” Meese
Amicus Brief at 11. Respondent here aspires to do more, much more.
This Court must stop him before he further jeopardizes the legitimacy of
the federal judiciary. Accordingly, mandamus should issue to dismiss
this case with prejudice, vacate the plea, and order any further
proceedings conducted by a different judge.”

Read more:

https://www.scribd.com/document/465150398/Flynn-DC-Circuit-Reply-Brief

 

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

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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