Tag Archives: 2019?

Michael Flynn motion to compel data of Joseph Mifsud Blackberries, Attorney Sidney Powell filing October 15, 2019, Exculpatory evidence of Russians false claims

Michael Flynn motion to compel data of Joseph Mifsud Blackberries, Attorney Sidney Powell filing October 15, 2019, Exculpatory evidence of Russians false claims

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

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

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

 

From the

MOTION TO PRODUCE NEWLY DISCOVERED BRADY EVIDENCE
AND BRIEF IN SUPPORT THEREOF

in United States v. Michael Flynn

“Michael T. Flynn (“Mr. Flynn”) requests the government be ordered to produce evidence that has only recently come into its possession. This evidence includes the data and metadata of the following two devices:
Manufacturer BlackBerry
Product 9900 Bold
Model RDV71UW
IMEI 351504055559948
PIN 2B08EC98
SIM Card ID 89441000302074582859
and;

Manufacturer BlackBerry
Product Classic SQC100-1
Model SQC100-1
IMEI 359892051315486
PIN 2BFD0057
SIM Card ID 89441000300487623120
The defense requested this information initially by email to Mr. Van Grack and Ms. Ballantine on Friday, October 11, 2019. The government did not reply to the email of October 11, but it did reply in response to the notice of our Motion on October 15, 2019.
This information is material, exculpatory, and relevant to the defense of Mr. Flynn, and specifically to the “OCONUS LURES” and agents that western intelligence tasked against him likely as early as 2014 to arrange—unbeknownst to him—“connections” with certain Russians that they would then use against him in their false claims. The phones were used by Mr. Joseph Mifsud.
Mr. Flynn is entitled to this information under Brady v. Maryland, 373 U.S. 83, 87 (1963). Brady’s mandate is fundamental to Due Process and crucial to ensure that prosecutors fulfill their obligation to seek justice rather than convictions. The rule of Brady does so “[b]y requiring the prosecutor to assist the defense in making its case,” and in that respect “the Brady rule represents
a limited departure from a pure adversary model.” United States v. Bagley, 473 U.S. 667, 675 n.6 (1985). The government “may not knowingly use false evidence, including false testimony, to obtain a tainted conviction.” Napue v. People of State of Ill., 360 U.S. 264, 269 (1959). This Court’s Standing Order also requires that the government produce this information to Mr. Flynn.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.124.0_1.pdf

 

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Misconduct Assistant United States Attorney investigative summary October 2, 2019, US Justice Dept IG, Improperly disclosed grand jury materials to unauthorized individual

Misconduct Assistant United States Attorney investigative summary October 2, 2019, US Justice Dept IG, Improperly disclosed grand jury materials to  unauthorized individual

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

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

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

 

From the office of The Inspector General, US Justice Department October 2, 2019.

“INVESTIGATIVE SUMMARY

Findings of Misconduct by a then Assistant United States Attorney for Improperly Disclosing Grand Jury Materials to an Unauthorized Individual
The Department of Justice (DOJ) Office of the Inspector General (OIG) initiated this investigation upon the receipt of information from the United States Attorney’s Office for the District of Columbia (USAO-DC) regarding allegations that an Assistant United States Attorney (AUSA), who is no longer employed by DOJ, improperly disclosed District of Columbia Superior Court grand jury materials to an unauthorized individual.

The OIG investigation substantiated the allegation that the AUSA improperly disclosed Superior Court grand jury materials to an unauthorized individual, in violation of the Code of the District of Columbia and the District of Columbia Superior Court Rules of Criminal Procedure.

Criminal prosecution of this matter was declined.

The OIG has provided its report to the Executive Office for United States Attorneys (EOUSA), the Office of Professional Responsibility (OPR), and the USAO-DC for appropriate action.

***

Unless otherwise noted, the OIG applies the preponderance of the evidence standard in determining whether DOJ personnel have committed misconduct.”

https://oig.justice.gov/reports/2019/f191002a.pdf

Let’s see, who could it be this time.

So many choices.

 

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

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

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

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

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

 

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

“To that end, we request:

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

Read more:

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

 

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

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

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

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

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

 

United States v. Michael T. Flynn

Supplemental Status Report

September 30, 2019.

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

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

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

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

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

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

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

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

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

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

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

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

Id.

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

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

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

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

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

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

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

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

 

 

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Free Assange public meeting The Forum Greenwich Borough England, September 27, 2019,  Opposing the extradiction of Julian Assange to the US

Free Assange public meeting The Forum Greenwich Borough England, September 27, 2019,  Opposing the extradiction of Julian Assange to the US

“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.”…Attorney Ty Clevenger

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

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

 

27 Sept | Greenwich | Opposing the Extradition of Julian Assange to the US

“WRITTEN BY GREENWICH AND LEWISHAM ASSANGE CAMPAIGN ON .”

“Opposing the Extradiction of Julian Assange to the US
27 Sept | 18:30- 20:30
The Forum, Greenwich”

“Julian Assange is locked away in Belmarsh Prison, here in the borough of Greenwich. The fight to save Assange is a fight for our democratic rights, for a free press and for peace and justice around the world. We have a special responsibility in Greenwich to act now”

http://www.stopwar.org.uk/index.php/events/other-anti-war-events/3471-27-sept-greenwich-opposing-the-extradition-of-julian-assange-to-the-us

Julian Assange is a political prisoner.

It is in the best interest of the deep state that he be silenced.

President Trump, wake up and free Assange.

 

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Trump transcript of Ukraine phone conversation July 25, 2019, with President Zelenskyy, Clarify Crowdstrike and Joe Biden alleged prosecution stop of his son

Trump transcript of Ukraine phone conversation July 25, 2019, with President Zelenskyy, Clarify Crowdstrike and Joe Biden alleged prosecution stop of his son

“Sen. Barack Obama sought more than $3.4 million in congressional earmarks for clients of the lobbyist son of his Democratic running mate, Sen. Joseph R. Biden Jr. of Delaware, records show.”
“Obama’s spokesman also acknowledged lobbying for Mercy Hospital, another client of Hunter Biden.”…Washington Post  August 27, 2008

“Company In Which Joe Biden’s Son Is Director Prepares To Drill Shale Gas In East Ukraine”…Zero Hedge July 25, 2014

“Robert Mueller, like Andrew McCabe and the rest of the anti-Trump criminal conspirators, consider themselves above the law and on a divine mission to unseat Trump. Mueller’s conflicts of interest, starting with his relationship with James Comey, are well documented.”…Daniel John Sobieski, American Thinker Dec 19, 2017

 

From WhiteHouse.gov September 25, 2019.

“Telephone Conversation with President
Zelenskyy of Ukraine”

“July 25, 2019, 9:03 – 9:33 a.m. EDT”

“I would like you to do us a favor though
because our country has been through a lot and Ukraine knows a
lot about it. I would like you to find out what happened with
this whole situation with Ukraine, they say Crowdstrike … I guess
you have one of your weal thy people… The server, they say
Ukraine has.it. There- are a lot. of things that went on, the·
:whole situation .. I think you’re _surrounding yourself with some
of the same people. I would like to have the Attorney General
call you or your people and I would like you to ·get to the
bottom of it. As you saw yesterday, that whole nonsense ended
with a very poor performance by a man named Robert Mueller, an
incompetent performance-, _but they. say a lot of it started with
Ukraine. Whatever you can do, ·it’s very important that· you. do it
if that’s possible.”

“Good because I· heard you had a prosecutor
who· was very·good and he was shut down and that’s really unfair.
_·A lot of people are talking about that, the way they shut your
very good prosecutor down and you had some very bad people
involved. Mr. Giuliani is a highly respected man. He was the_
mayor bf New York Ci:ty, a great mayor, and I would like him to call you. I will ask him to call you along with the Attorney·_
·· General.· :Rudy very much knows what’s happening and he is a very
capable guy. If you could _speak to him that would be great. The
former ambassador from the United $tates,· the woman., was bad
news and the people she was dealing with in .the Ukraine .were bad
news so I just want to_let you know that. The other thing,
There’s a lot of talk about Biden’s son,. that Biden stopped the
prosecution and a lot of people want to find out about that so
whatever you can do with the Attorney General would be great.
Biden went around bragging that he stopped the prosecution so if
you ·can look into it … It sounds horrible to me.”

https://www.whitehouse.gov/wp-content/uploads/2019/09/Unclassified09.2019.pdf

 

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James Comey not indicted why?, Obama appointed, Barr Attorney General February 14, 2019, Inspector General Horowitz referred for prosecution 2019, Who decided no?

James Comey not indicted why?, Obama appointed, Barr Attorney General February 14, 2019, Inspector General Horowitz referred for prosecution 2019, Who decided no?

“Robert Mueller, like Andrew McCabe and the rest of the anti-Trump criminal conspirators, consider themselves above the law and on a divine mission to unseat Trump. Mueller’s conflicts of interest, starting with his relationship with James Comey, are well documented.”…Daniel John Sobieski, American Thinker Dec 19, 2017

“Transcript suggests Obama White House pressured intelligence agencies to blame Russia.”…Attorney Ty Clevenger on released FBI docs

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

 

James Comey was referred for prosecution by Inspector General Michael E. Horowitz this year.

Comey was appointed by Obama in 2013.

William Barr was confirmed as Attorney General February 14, 2019.

Who made the decision to not indict Comey?

Somebody(s) got some splainin to do!

From the Washington Times September 18, 2019.

“Justice Dept. IG referred James Comey for criminal prosecution

Justice Department Inspector General Michael E. Horowitz said Wednesday that he referred former FBI Director James B. Comey for criminal prosecution this year after concluding he leaked sensitive materials to a friend.

And the Justice Department watchdog told Congress he would “assess” Republican allegations of inconsistent statements in Mr. Comey’s testimony before the Senate.

Mr. Horowitz’s disclosure that he made the criminal referral marks his first public statement about the criticism lodged against Mr. Comey in a report released last summer. He told lawmakers it is standard practice to make a criminal referral when wrongdoing is suspected.

“We are required by the [Inspector General] Act to send information that we’ve identified that could plausibly be criminal to the Department of Justice,” Mr. Horowitz said.

The Justice Department ultimately decided not to prosecute Mr. Comey despite the conclusion by Mr. Horowitz’s team that he improperly leaked information to the news media. The documents leaked by Mr. Comey were sensitive but not classified.”

Read more:

https://www.washingtontimes.com/news/2019/sep/18/james-comey-referred-criminal-prosecution-justice-/

 

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