Posted on 09/03/2019 8:25:29 PM PDT by bitt
Michael Flynn’s new attorney filed a 19-page brief detailing prosecutorial misconduct and seeking sanctions against government attorneys for withholding evidence.
On Friday, while most of America prepared for the long Labor Day weekend, things exploded in the Michael Flynn case. What began with an intriguing status report, which exposed the chasm between Flynn’s new powerhouse attorney Sidney Powell and prosecutors, culminated with Powell’s filing of a 19-page brief detailing prosecutorial misconduct and seeking sanctions against government attorneys for withholding evidence.
Flynn, who pleaded guilty in late 2017 to lying to FBI agents about conversations he had in December 2016 with Russian Ambassador Sergey Kislyak, awaits sentencing before federal Judge Emmett Sullivan. In Friday’s status report, prosecutors told Sullivan that Flynn’s “cooperation has ended” and that the case is ready for sentencing.
Conversely, Powell argued “the case is not ready for sentencing,” first because new counsel still needs “a significant amount of time” to review the mountainous file. But it was the additional reasons for a delay Powell detailed that piqued the interest of pundits.
“There are serious issues to be addressed by the Court before we can proceed further,” prosecutor-turned-defense-attorney Powell wrote. “First, the government continues to deny our requests for security clearances,” and the impasse requires court intervention, Powell argued. Among the classified information Powell sought clearance to review are “the transcripts and recordings of the phone calls that supposedly underpin the charges against Mr. Flynn,” and “the original or first draft of the FBI 302 of the interview of Mr. Flynn on January 24, 2017,” as well as “any records or documents that show everyone who made changes to that 302.”
(Excerpt) Read more at thefederalist.com ...
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Judge Sullivan needs to not only sanction prosecutors, but recomend investigation of them. He also should throw out the case with prejudice.
An Arkancide may be in the making here.....
Sullivan is a clown.
Flynn’s attorneys should have protested from the very beginning. Never pay for the same real estate twice.
Everyone is thinking about their future. The future of the country be damned. This women needs to be nominated for AG. Just the nomination would expose Deep State operatives in the Senate.
I can’t spare this woman, she fights.
Some on this forum have quoted, “The law is an ass”; they do so in a knowing, condescending manner. They are wrong.
The law in America is no longer an ass; it is an asp: not stupid, but deadly.
What we have now is aggressively evil lawfare.
She would do an excellent job in that position.
I first saw her when she was the subject in an episode of Life, Liberty and Levin.
I was totally impressed, she is one of the very best.
I started following her on twitter and her comments there are always wise and insightful.
Heh good wordplay, and accurate; re The law in America is no longer an ass; it is an asp: not stupid, but deadly.
The poster that you replied to is more likely the ass...
I read the entire brief and going it quite compelling. To take only one issue: if the only charge which Flynn was convinced to plead guilty to was lying in San interview with him, then the clear evidence that Flynn was a Trump hating fanatic, who had been caught saying horrible things about be POTUS in a series of text messages, and removed from his role in the FBI over it, that information about Stzrok was both exculpatory and impeachable (tended to show he might be innocent, tended to reflect badly on a top accuser).
That information was not provided.
This judge, in particular, just hates it when Federal prosectors do that. In the famous Sen. Yes Stephens case, which Flynn’s new lawyer conveniently wrote a book about, the prosecution failed to do so, and the judge (the same judge) threw the conviction out and sanctioned the Federal prosectors and the DOJ for it.
That case, and the Judge Sullivan’s written opinion in it were cited repeatedly by Flynn’s new lawyer.
Big sparks coming at the next hearing on Sept. 10.
I can’t wait!
People tend to immediately dismiss Judge Sullivan because he was a Clinton appointee (previously appointed by Bush, before that Reagan); however, he is a REALLY good judge and no friend of the Feds. The first thing he did when he took over the Flynn case was to issue his Brady order .... turn over ANY info that could be exculpatory. He is going to be super pissed if that didn’t happen. Powell wants the prosecutors replaced (among other things) - I think there’s a decent chance it will happen, among other things. I’ll be paying attention to this on the 10th!
Unless, of course, you sold high and then buy low ;).
Usually takes time, but nice way to make a profit.
Note to self: no more long posts from the cell phone. I just can’t get reasonable accuracy.
Apologies for odd mistypes and wrong words auto generated by my phone.
A judge refused exculpatory evidence in a friend’s case but fortunately it was appealed to the state Supreme Court which ordered a new trial. He was still found guilty but his life sentence was reduced to 8 years with 6 of them being time served.
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