Posted on 02/20/2018 9:32:09 AM PST by Trump_vs_Evil_Witch
The presiding judge in the Flynn case was removed for cause. I think the Inspector General tipped off the Court system and Flynn that the IG has documents that prove the FBI reports of his interview (302s) were changed before Mueller got on the case.
Buy some popcorn before the IG report is released as it will be in short supply afterward.
If McCabe altered the 302’s then Flynn is holding a royal flush and Mueller and his team of partisans don’t even have a pair of twos. I understand that lawyers look out for their own short term interest under the guise of helping their client but in this case Flynn appears to have all the cards. Hopefully, in the interests of justice, the judge will tell Mueller to take a hike and demand the evidence and then decide what terms, if any, will be applied to the settlement. At this point neither the DOJ or Mueller and his team can be trusted.
From the article: “..But it later came to light that the Justice Department had improperly withheld exculpatory evidence...”
Mueller’s deception is unraveling, may it be followed by a second special prosecutor to investigate Uranium One and his criminality....
Your mixing things up...this was about the Stevens case, not Flynn. At this point it is not known whether the JD improperly withheld exculpatory evidence.
not sure why Mueller would agree to it, assuming it works both ways.
There’s a very deep, foul swamp out there & it’s been going on for a long time & the weaponizing of the government against the people of America hit its zenith under Obama. It makes me seriously ill to think if Trump had not won, this situation would have continued unabated/exposed and gotten even worse. It’s a horrible situation ... and a good part of the country thinks nothing of it. I think Trump’s election was Divine Intervention considering all the forces arrayed against him, but he’s not superman & can’t fix it all by himself. I’m hoping (& praying) that enough people will see the exposed evil & corruption & be moved to do something about it, but the Left has been successful in taking over education (now indoctrination), destroying much of the social fabric of the country such as families, & is doing its best to remove all values & morality while destroying religious freedom. None of those things are overnight fixes. The country, as founded, is teetering on destruction & as much as I want to be, I really am not very optimistic that the downward spiral can be stopped.
It is funny that Strzok, who is crooked, wasn’t crooked enough for McCabe, so McCabe had to “improve” his 302.
Mueller’s M.O. is wel1 known now so the original media meme that his character is “unimpeachable” falls flat! I predict the “probe” will end by the end of the month!
Such prosecutors and representatives of the law—as that is in effect what they are here—need to face hard time for their violations of defendants’ rights.
Far too much of this goes on — from police planting evidence right on up the chain of command and prosecution.
If altering Flynn's 302 is not an isolated incidence and Mueller feels he better come completely clean with Judge Sullivan it might disclose a pattern of behavior in the FBI & DOJ that has been happening for some time, including when Mueller himself was in charge at the FBI.
“ Judge Sullivan has a reputation for Justice & track record of exposing/dealing with dishonest DOJ/government prosecutors .... he’ll get to the bottom of it.
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Given the toilet DOJ/FBI Obozo perverted, Judge Sullivan has years of work ahead of himself
Yup. Unfortunately, he can only deal with one case at a time.
“Hope Flynn has Mueller and his pack if thugs on fraud so he can sue them personally and the government to recover every last cent spent defending himself in this matter, plus punitive damages.”
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General Flynn HAS THE BALLS to take the battle TO THE ENEMY
Judge Sullivan would be insane to agree to Mueller’s proposed order (sealing all the evidence and preventing any of it from being used in any other proceeding). Hopefully he will deny the petition and tell Mueller to submit all data as ordered, when ordered, or be held in contempt of court. Mueller can petition to have all or part of it sealed after the Judge reviews it.Prosecutors and the defense submitted to Sullivan a proposed order limiting the use of any new evidence produced by the government. The evidence can be used by Flynn's defense "solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding.” The proposed order, awaiting Sullivan's approval, also set out rules for handling "sensitive" materials.That's where things stand now. The latest filings indicate both sides are taking Sullivan's order seriously, which is certainly a good idea, given Sullivan's history. But is there actually not-yet-produced evidence that might help Flynn? If so, would it have any effect on the case in which Flynn has already pleaded guilty?
As a hypothetical example, what if the exculpatory evidence includes proof that McCabe falsified Strzok’s 302s from interviews with Flynn? If Sullivan agrees to the order, that evidence could not be used against McCabe. Nice try by the Swamp Lords.
That’s where I was headed. Judge Sullivan is not insane, but he is on a crusade against prosecutors withholding exculpatory evidence from the defense. It started when he presided over the trial that convicted Senator Ted Stevens (R,AK) in 2008 - followed by the discovery that Stevens should not have been convicted because his defense was entitled to exculpatory evidence that the prosecution had and improperly withheld. Judge Sullivan was furious, and sicced a special counsel on the prosecution of the Stevens case. The upshot was that although the prosecution behaved improperly, the fact that Judge Sullivan had not issued a “Brady warning” from the bench precluded serious punishment of the miscreant prosecutors.Since then Sullivan has written articles (at least one, published in The Wall Street Journal) advocating the issuance of a Brady warning by the judge in every criminal case. Since Judge Sullivan has every reason to suppose that the Flynn defense did not in fact know that FBI agents did not think that Flynn lied - and he is giving Mueller no slack to be “the decider” if exculpatory evidence in his possession is material, I suspect and hope that Judge Sullivan is suspicious of the whole Mueller enterprise. And might be spoiling for a chance to appoint a Special Counsel to investigate them.
The Flynn defense might not have any reason to hang tough on having the right to use its exculpatory evidence " in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding.” But Judge Sullivan just might.
All that aside, it would seem to lie within the purview of the Attorney General to require conformance to a “Brady order” by any Mueller prosecution. I would hope that AG Sessions would get on the stick in that regard.
IANAL, but it would seem that since Brady is a SCOTUS finding which establishes the right of a defendant to know any exculpatory evidence the prosecution has, I don’t understand why any defense counsel would fail to ask the judge at the start of any trial to issue a Brady order. And, if the judge declines, why the defense would not register an exception. Refusal to issue a Brady order could be taken as an indication of lack of seriousness on the judge’s part in protecting the rights of the defendant.
Yes, but does he have the finances...to protect himself and his family?
A federal grand jury would be a better idea. Quicker, and can be ordered to focus on the task(s) at hand instead of wandering all over the place.
Related article and conjecture by Judge Napolitano
http://dailycaller.com/2018/02/20/judge-napolitano-mike-flynn-guilty-plea/
Flynn attorneys are so incompetent that Judge Sullivan is having to act on the clients behalf and within the rights of a judge.
Railroading a man like Flynn is not OK, if that is what happened. These tactics are outrageous and now it emerges there is a distinct possibility that the Flynn attorneys did not defend their client well.
Demanding exculpatory evidence from the prosecution (McCabe dirty cop crowd ) is elementary in decent defense lawyering. Sheesh.
Thanks for the thoughtful response. The background on Sullivan’s interest in Brady warnings was enlightening, and might be a full explanation of his orders.
I wonder if Judge Sullivan is concerned by the defense’s apparent willingness to play lapdog to Mueller. Many have opined that Flynn capitulated to protect his family from financial ruin, and his son from prosecution. But my hobby horse is that Flynn was destroyed for working against the IC chosen policies (Turkey; Iran), and was coerced into pleading guilty to this small but spurious charge, rather than face something more dire that the government wants to hide. My hope is that Sullivan wants to see the whole story, and blow it up if necessary. He’ll need to avoid parks, exercise equipment, etc.
Agreed. And if it can be proven that McCabe did that, that’s probably 3-5 felonies, right there. And ones that he will not be able to get out from underneath.
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