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DOJ RESPONDS TO FLYNN
Powerline ^ | November2 | SCOTT JOHNSON

Posted on 11/02/2019 11:53:08 AM PDT by Hojczyk

General Michael Flynn is now represented by Sidney Powell in the proceedings following his guilty plea to a false statements charge before Judge Emmet Sullivan. Those who seek a refresher on the offense to which General Flynn pleaded guilty can find the relevant document here.

In advance of sentencing, General Flynn has filed a motion seeking to have the case against him dismissed on due process grounds. John wrote about the most recent filing in support of General Flynn’s motion guilty plea here; Paul wrote about it here.

Yesterday the Department of Justice filed its response to the Flynn filing. Our friend Techno Fog has posted the DoJ response online here. TF flags a few highlights and comments on the DoJ filing briefly in the tweets compiled here.

Politico’s Josh Gerstein covers the filing here and the Washington Examiner’s Jerry Dunleavy here. The pseudonymous Adam Mill comments on the DoJ filing in the American Greatness column “Government Doesn’t Deny Editing Flynn’s Statement Before Charging Him” (subhead: “Federal prosecutors’ response to Sidney Powell’s explosive filing leaves many unanswered questions”).

General Flynn’s motion seeks the dismissal of the case against him despite his guilty plea. He does not seek to withdraw his plea and contest the charge to which he pleaded guilty. The law imposes a heavy burden on him in seeking dismissal based on government misconduct.

(Excerpt) Read more at powerlineblog.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: bloggers; flynn; sidneypowell
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1 posted on 11/02/2019 11:53:08 AM PDT by Hojczyk
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To: Hojczyk

More from article

Regardless of the court’s ultimate ruling on the motion, the case against General Flynn flowed out of the almost unbelievable corruption of the FBI and the Department of Justice. The case against him is an outrage. Accountability has yet to be rendered for the wrongdoing committed by the government in Flynn’s case or in the biggest scandal in American political history, of which it forms a part.

If Trump is not elected it will all disappear down the drain.


2 posted on 11/02/2019 11:54:45 AM PDT by Hojczyk
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To: Hojczyk
General Flynn’s motion seeks the dismissal of the case against him despite his guilty plea. He does not seek to withdraw his plea and contest the charge to which he pleaded guilty.

This is just one more baffling aspect of this whole case that I have never been able to figure out.

3 posted on 11/02/2019 12:17:10 PM PDT by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Hojczyk

My information without reading the link is that DOJ responded on a technicality that Gen. Flynn through Counsel could not bring up new issues in a reply to which I would say fine, let Ms. Powell file an amendment to her original motion.

But responding via technicalities will be seen for what it is, an admission of guilt and the Judge should make it clear that persons behind a government desk are equal before the law and should be prosecuted with all vigor when they are observed to have violated the law.


4 posted on 11/02/2019 12:18:07 PM PDT by Hostage (Article V)
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Comment #5 Removed by Moderator

To: Hostage

https://www.worldtribune.com/flynns-attorney-blisters-comeys-fbi-for-ambush-set-up-by-mccabe/


6 posted on 11/02/2019 12:40:29 PM PDT by big bad easter bunny
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To: Alberta's Child

Sydney Powell’s motion to dismiss his case renders his former plea and charge as fruit of the poisonous tree. She need not have him withdraw the plea or contest the charge if she shows he was entrapped and the government rogues entrapping him hid and altered evidence in his favor.

She’s going for the jugular To hell with nipping around the ankles.


7 posted on 11/02/2019 12:54:00 PM PDT by Hostage (Article V)
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To: Hojczyk

This was NEVER an investigation. It was an assassination.


8 posted on 11/02/2019 12:57:44 PM PDT by volunbeer (Find the truth and accept it - anything else is delusional)
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To: Alberta's Child
This is just one more baffling aspect of this whole case that I have never been able to figure out.

The DOJ threatened both Flynn & his lawyers with FARA violations (Flynn's lawyers also filed his FARA disclosure). This had the effect of compromising Flynn's lawyers (who did not want to get tangled up in FARA violations), and scaring Flynn (because his son would be dragged into the FARA case). Result - Flynn pleas guilty to escape the FARA charges (related to Flynn's work with Turkish clients). Turns out both the lying charge and the FARA charges were entrapment schemes. Outrageous.

9 posted on 11/02/2019 1:10:04 PM PDT by ghost of nixon
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To: ghannonf18
If he withdraws the deal then corrupt left overs at the DOJ can go after his family and him for any number of other improprieties.

They can do that NOW ... but apparently he doesn't have any fear of it anymore.

The guy entered his guilty plea almost TWO YEARS ago ... and he still hasn't been sentenced. I'm going forward on this with the assumption that there's a hell of a lot going on here behind the scenes that we don't even know about.

10 posted on 11/02/2019 1:15:13 PM PDT by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Hostage
My point is that the government's failure to turn over exculpatory evidence seems far more damning in a case that goes to trial than it is in a case where the defendant has entered a guilty plea.

I'm not a lawyer, but that seems obvious on its face.

11 posted on 11/02/2019 1:17:04 PM PDT by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: ghost of nixon
As I said on another thread ... That angle to the case would be much more compelling if Flynn actually had his lawyers address that matter now through a formal charge of misconduct against his previous law firm.

To the best of my knowledge he hasn't done any such thing.

12 posted on 11/02/2019 1:18:37 PM PDT by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Alberta's Child

That’s in essence what I posted above. The conduct of the government agents is now at issue. What Flynn did, did not do, may have done, etc. is irrelevant.


13 posted on 11/02/2019 1:20:14 PM PDT by Hostage (Article V)
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To: Alberta's Child

He had very incompetent lawyer then.
Hopefully this new gal can right the ship.


14 posted on 11/02/2019 1:25:27 PM PDT by redshawk
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Comment #15 Removed by Moderator

To: Alberta's Child

“That angle to the case would be much more compelling if Flynn actually had his lawyers address that matter”

As Sidney Powell has pointed out, Gen. Flynn’s lawyers were revealed as conflicted and held on to the case to make millions and force him to sell his home.

The bar is high but Powell makes a strong case based on new evidence. Judge Sullivan may insist on the evidence be turned over and ask where is the first 302 (FBI report).

That report is filed within days after an interview, yet it appears nowhere.

There have been rumors for well more than a year they were first altered and then destroyed by McCabe and Strzok.

Even a high bar as this can see this case dismissed for that point alone. If the govenrment “lost” that 302 initial report, everything else that followed is immaterial.

The DOJ no longer claims all material turned over. They dance over that once-existing 302 report.

It’s utterly heinous.


16 posted on 11/02/2019 1:45:36 PM PDT by romanesq (8Chan and its child porn, violence and murders are kaput. So is the QAnon grift with it.)
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To: redshawk

He had deep state lawyers that he was fooled into hiring.


17 posted on 11/02/2019 1:46:27 PM PDT by Fido969 (In!)
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To: Fido969

He had deep state lawyers that he was fooled into hiring.


It certainly appears his lawyers were compromised.

That is a very big deal in itself.


18 posted on 11/02/2019 2:19:57 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

The department of injustice took everything General Flynn and his family had saved for, for years. I wish him luck in this contest. But at this point in time I don’t believe the dept of injustice will help him. Hopefully I’m wrong, but with the democrats and past experience with the DOJ, I have my druthers.


19 posted on 11/02/2019 2:29:12 PM PDT by tillacum (I am a conservative deplorable and doggone proud of it. I back President Trump, I voted for him.)
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To: redshawk
Hopefully "this new gal" can right the ship.
This (your rather derogatory term) "new gal" is nothing short of brilliant from what I've seen of her.

This entire illegal process by the leftist government has her seething. AND she's all too familiar with the bad actors on Mueller's hit squad.

"This gal" is worthy of a lot of respect.

20 posted on 11/02/2019 4:44:49 PM PDT by lewislynn (STOP SUPPORTING CHINA! DO IT NOW!)
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