Posted on 12/14/2018 7:48:12 PM PST by Moseley
More questions were raised than answered Friday in the Special Counsel Robert Mueller investigation. Most reporting has it wrong.
Judge Emmett Sullivan had ordered Mueller to file FBI interview notes in the prosecution of Michael Flynn. Sullivan is scheduled to decide on a sentence for Flynns guilty plea on December 18 in the U.S. District Court for the District of Columbia.
Muellers office filed a Governments Reply To Defendants Memorandum In Aid Of Sentencing on December 14, 2018. That covering transmittal is pure rhetoric.
As a criminal defense attorney, let me explain that those statements by Mueller attorneys Brandon Van Grack and Zainab Ahmad are spin, essentially a closing argument. These are only the prosecutors opinions. Yet Trump critics like Fox News Shepard Smith were reading that document on air as if it were evidence.
What really counts is two documents that Sullivan ordered the FBI to cough up. Exhibit A and Exhibit B raise serious questions. Both are heavily redacted, but the context of the blacked-out sections suggests that there is no there there.
(Excerpt) Read more at bigleaguepolitics.com ...
Really hope the judges dismisses the case. What a Christmas present that would be. Especially to the Flynns.
And a real kick in the nuts to Mueller.
The judge should take it a step further and demand restitution for Flynn from Mueller personally for destroying Flynns Life.
Thank you for an excellent analysis.
Flynn was Nifonged. Prosecutorial misconduct?
Just watched and then sent it to everyone I know. Thanks.
Good point. I’ve previously sent it to my kids.
They could use an annual refresher too.
Thanks.
This is worthy of repeating and should be in the headlines.
“Now, as this FR lawyers states, the second 302 was NOT a write-up of the original Jan. 24 interview per a 302 format, but a recollection by Strzok in Aug, 2017 that was made to seem like a second 302.”
This year is different.
How does that not totally describe Weasel Mueller?
“demand restitution for Flynn from Mueller personally for destroying Flynns Life”
This is exactly what I want to see happen!!!
Where is the original 302 of the Jan. 24, 2017 interview with Gen. Flynn?????
Is Mueller trying to get away with not even submitting that to Judge Sullivan???
Without close analysis of THAT 302 the case never should have been allowed to proceed at all.
Bad enough that they did this b.s. at all, but if they are not relying upon the original 302 and if Judge Sullivan is not given access to that original 302, the guilty plea and the whole case should be thrown out yesterday.... or last year.
I sure hope Judge Sullivan is seeing through all this b.s.
Your words need to be repeated by the talking heads. Everyone needs to ask these questions.
Is it possible they destroyed the original 302 the same way Mueller destroyed Strzok’s iPhone messages?
There should certainly be maximum suspicion if in fact the Flynn 302 has not been produced to the judge.
THe Aug. 2017 doc is NOT a “Flynn 302” it is a “Strzok 302” apparently... an interview of Strzok in July 2017. Strzok’s (pretended) recollections in July 2017, AFTER the Mueller investigation had been launched and Strzok had joined said investigation, should not be allowed to replace the 302 that was or should have been filed immediately after the Jan. 24, 2017 interview with General Flynn.
This is all so much b.s.
#22. Yes, Flynn was Nifonged as were Papadopoulous, Corsi, Page (attempted at the minimum)and maybe even Cohen. Roger Stone is next in line but he’s a cagey old political operative and can give as good as he gets.
If the FISA warrant is found to be defective, in legal theory, everything that was based on it, and came after it/out of it, is inadmissible, i.e. the fruits of a poisonous tree doctrine.
This whole Trump Russia Collusion treasonous coup attempt could collapse like a house of cards when hit by a 500 pound turd.
I can confirm that. I saw something suspicious shortly after 911.
I contacted Security, and was contacted by the FBI. I told them I wanted to record the interview.
The FBI agent said. If you are going to record, no interview.
It would be nice. But he does not have the power to do so.
The Supreme Court gave prosecutors absolute immunity in 1976.
Prosecutors have learned to use it for political purposes, and have found there is no push-back from Republicans.
It is almost never used against Democrats. (unless an internal power struggle)
Ah, the ol’ “I’m Lying Paradox”.
Agree.
“Nifonged “ — love it.
To me the difference is that the Duke Lacrosse players had far better lawyers than the surrender-minded wimps representing the GOP targets of Robert Mueller.
I assume you meant to say :
The missing earlier Form 302 (sans the prefix FD-) would be enough for Judge Sullivan to throw out Muellers case against Flynn entirely,.
I assume that, because you identify exhibit B as being an FD-302 standard FBI form, and you stated that the 302 form was the one missing, in the first sentence of the paragraph that contains the sentence highlighted above. I really only mention it in case you missed it and want to correct it.
Great article though, and I enjoyed and agree with what you have written.
From my understanding, they did not tape it at all, as they were trying to fool Flynn into thinking it wasn’t really an interview at all.
This is ALL the Demonrats have unless you want to include the Stormy Daniels payoff silliness.
The RATS will kill to stop the investigations into the RAT crimes. By keeping the REPUBS wrapped in accusastions, they stop the investigations into the RAT crimes.
And if the investigations into the RAT crimes get going, it will not take long until Hussein Obama is identified as one of the leaders of SPYGATE, of URANIUM ONE, of BENGHAZI...
The RATS are saying to stop it and are threatening to keep the Mueller/RAT Congressional investigations going until Trump is out of office. President Trump is giving the RATS all the rope they need to hang themselves. Once the RATS are at the end of their rope, Donald intends to give them all a strong tug. It will break their necks, one at a time.
No, given the way that Judge Sullivan acted in the Sen. Ted Stevens case, the mere incompleteness of the record has motivated Judge Stevens in times past to dismsiss a case.
If Judge Stevens believes that the prosecution is holding back documents — even if the documents provided are enough to support a conviction — Judge Sullivan may dismiss the case for prosecutorial misconduct.
Earlier in the week, Judge Sullivan ordered Mueller’s office to provide EVERYTHING.
Where there is a glaring omission in what Judge Sullivan ordered the prosecution to file, the failure to comply with Judge Sullivan’s order would be enough — and he has done it before — to dismiss the entire prosecution case as a sanction.
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