By Paul Serran
- THE DEPARTMENT OF JUSTICE MOVES TO “DISMISS WITH PREJUDICE” THE CASE AGAINST HERO GENERAL MIKE FLYNN, BUT JUDGE EMMET SULLIVAN TRIES TO CIRCUMVENT ESTABLISHED AND BINDING LEGAL PRECEDENT TO KEEP ALIVE THE DEMONSTRABLE PATTERN OF LEGAL HARASSMENT AGAINST FLYNN.
- EVIDENCE SURFACES OF ILLEGAL UNMASKING AND SPYING OF GENERAL FLYNN. E-MAIL BY SUSAN RICE CONFIRMS BARACK OBAMA WAS PERSONALLY INVOLVED.
- NOW, FLYNN’S LAWYER HAS FILED AN EMERGENCY MOTION TO THE D.C. CIRCUIT COURT OF APPEALS, SEEKING THE IMMEDIATE REMOVAL OF JUDGE EMMET SULLIVAN FROM THE CASE – AND ASKING THAT SULLIVAN OR HIS REPLACEMENT DISMISS THE PROSECUTION, AS THE JUSTICE DEPARTMENT HAS MOVED TO DO.
In the formal legal world, a court case that is ‘dismissed with prejudice’ is dismissed permanently. The case is over and done with, once and for all, and can’t be brought back to court.
This should put an end to “an investigation that seems to have been undertaken only to elicit those very false statements and thereby criminalize Mr. Flynn”, according to the DOJ.
Remember? General Mike Flynn entered a guilty plea to a single count of making false statements in a January 24, 2017 interview with FBI. BUT he came to withdraw that guilty plea on January 14, 2020. What changed? EVERYTHING.
NOT ONE of the players in this case are the same as when the case began. The AG has changed. The U.S. Attorney for D.C. has changed. The prosecutors have changed. Flynn’s legal team has changed. The Judge has changed.
The new AG is Bill Barr, UNRECUSED from all things Russia unlike Jeff Sessions. He ordered the review of the whole ‘Crossfire Razor’ investigation process by U.S. Attorney Jeff Jensen, from Missouri.
Judge Rudolph Contreras/Judge Emmet Sullivan
First appointed to the case, Judge Rudolph Contreras just happened to be a good friend of Peter Strozk, the disgraced former FBI agent who entrapped Flynn in the first place. Judge Contreras was forced to recuse himself, and judge Emmet Sullivan took the helm.
Flynn changed his lawyers for the warrior Sidney Powell. Together they began a long, hard process of fighting for full discovery and for the release of hidden Brady (exculpatory) evidence.
Said evidence is now surfacing, showing the horrible persecution against the heroic intelligence titan, a man who devoted over 3 decades of his life to stellar service of his country.
U.S. Attorney for D.C. Jessie K. Liu was ousted, promised a higher position that she never got, and Timothy Shea stepped in.
The prosecutor, hothead Brandon Van Grack, was one of the goons of Mueller’s team of witch hunters. He repeatedly told the court that the FBI had complied with the order to turn over all exculpatory materials – which, we now know, was a monumental lie. He was abruptly pulled from the case after DOJ examined the case and his prosecutorial misdeeds.
The DOJ initially asked for a sentence of no jail time, for the General was testifying in another case. Once Flynn refused to lie to make their case, Van Grack and his team reversed their tune, and asked for (limited) jail time. Now, after review of the case, the DOJ has finally dismissed the case with prejudice.
THE ‘MOTION TO DISMISS’ STATES: “The Government has determined, based on an extensive review and careful consideration of the circumstances, that continued prosecution of this case would not serve the interests of justice.”
“The Government has concluded that the interview of Mr. Flynn was […] unjustified by the FBI’s counterintelligence investigation — a no longer justifiably predicated investigation that the FBI had, in the Bureau’s own words, prepared to close because it had yielded an ‘absence of any derogatory information’.”
“[Flynn’s] interview was [NOT] conducted with a legitimate investigative basis and therefore [the Government] does not believe Mr. Flynn’s statements were material even if untrue.”
“We not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.”
“Continued prosecution of the charged crime does not serve a substantial federal interest.”
Ever since he was fired by Obama as head of Director of the Defense Intelligence Agency, General Flynn became a target for the DNC operatives infiltrated in the government.
Flynn’s FBI counterintelligence investigation against him began “as part of the larger Crossfire Hurricane umbrella” – what we are now learning to call OBAMAGATE.
EXCERPTS FROM THE MOTION TO DISMISS – BY US ATTORNEY FOR D.C., TIMOTHY SHEA
““Crossfire Razor”: the investigation’s stated “goal” was to determine whether Mr. Flynn “was directed and controlled by and/or coordinated activities with the Russian Federation in a manner which is a threat to the national security and/or possibly a violation of the Foreign Agents Registration.”
“After approximately four months of investigation, however, the FBI “determined that [Mr. Flynn] was no longer a viable candidate as part of the larger Crossfire Hurricane umbrella case”.”
“The numerous searches of holdings and investigative steps had at each step yielded “no derogatory information” on Mr. Flynn”
“The investigation had failed to produce “any information on which to predicate further investigative efforts.””
“The FBI is closing this investigation.”
“Before the intended case closing took effect, the FBI learned of communications between Mr. Flynn and Russian ambassador Sergey Kislyak that had taken place in late December 2016 and which touched on matters of foreign policy.”
“FBI Deputy Assistant Director Peter Strzok learned that the counterintelligence investigation into Mr. Flynn was still formally open.”
“Mr. Strzok immediately relayed the “serendipitously good” news to Lisa Page, the Special Counsel to FBI Deputy Director Andrew McCabe, remarking that “our utter incompetence actually helps us.””
“Mr. Strzok, moreover, instructed agents to “keep it open for now” at the behest of “the 7th Floor.”
“The Deputy Attorney General, Director of National Intelligence, and Director of the Central Intelligence Agency all agreed that the FBI should notify the incoming Trump administration of what had actually been said on the calls.”
“Comey continued to refuse to brief the White House in a subsequent conversation with CIA Director John Brennan.”
“January 24, 2017: Deputy Attorney General Sally Yates contacted Director Comey to demand that the FBI notify the White House of the communications. […] When Director Comey called her back later that day, he advised her that the FBI agents were already on their way to the White House to interview Mr. Flynn.”
[HERE THE JUDICIAL MOTION MAKES A FLASH BACK. BILL PRIESTAP WAS PETER STROZK’S BOSS, THE HEAD OF FBI COUNTER-INTELLIGENCE UNDER DEPUTY DIRECTOR ANDREW MCCABE]
“Bill [Priestap]” had conducted “several conversations with Andy [McCabe]” because “he wanted to know why we had to go aggressively doing these things, openly.”
“Bill … brought [it] up – again, this time in front of D[irector Comey]” and that Deputy Director McCabe was “frustrated” and “cut him off.”
“Priestap’s [handwritten] notes dated January 24 state, “What’s our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?” “If we’re seen as playing games, WH will be furious. Protect our institution by not playing games.””
“Deputy Director McCabe called Mr. Flynn to arrange the interview and expressed the FBI’s desire to accomplish the interview “quickly, quietly and discretely as possible.””
“Mr. Flynn then agreed to meet with the interviewing agents in his office less than two hours later. He was “unguarded” in the interview and “clearly” viewed the agents as “allies.””
“Nor did the agents give him, at any point, warnings that making false statements would be a crime.”
“After the interview, the FBI agents expressed uncertainty as to whether Mr. Flynn had lied. FBI agents reported to their leadership that Mr. Flynn exhibited a “very sure demeanor” and “did not give any indicators of deception.””
“November 30, 2017: the Special Counsel’s Office filed a criminal information against Mr. Flynn charging him with a single count of making false statements in violation of 18 U.S.C..”
“Mr. Flynn pleaded guilty to that offense, but moved to withdraw that guilty plea on January 14, 2020.”
“Mr. Flynn also filed a “Motion to Dismiss Case for Egregious Government Misconduct and in the Interest of Justice,” and supplemented that motion on April 24 and 30, 2020 based on additional disclosures. Both Mr. Flynn’s motion to withdraw his guilty plea and motion to dismiss the case remain pending before the Court.”
There was widespread joy when news broke about the dismissal of charges against General Mike Flynn. But, soon, we were horrified by Judge Sullivan’s order appointing an “amicus curiae,” or “friend of the court,” to argue in favor of preserving Flynn’s guilty plea on one count of making false statements to the FBI.
While this situation was unfolding, further revelations have broken about the UNMASKINGS: recently DECLASSIFIED documents indicate that DOZENS of Barack Obama administration officials requested the illegal unmasking of Michael Flynn’s name in “unfinished” intelligence.
The documents reveal that these officials then proceeded to criminally leak this “unfinished” intelligence to selected members of the press.
Dozens of officials – including then-Vice-President Joe Biden.
Also staggering is the DECLASSIFICATION of an email that Susan Rice sent herself on the Inauguration day of Donald Trump’s administration. The objective of the “self-mail” was to document a January 5, 2017 Oval Office meeting between President Obama, former FBI Director James Comey and former Deputy Attorney General Sally Yates, regarding Russian interference in the 2016 Presidential election. In particular, Ambassador Rice wrote:
“President Obama began the conversation by stressing his continued commitment to ensuring that every aspect of this issue is handled by the Intelligence and law enforcement communities ‘by the book’. The President stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective. He reiterated that our law enforcement team needs to proceed as it normally would by the book.”
“From a national security perspective, Comey said he does have some concerns that incoming NSA Flynn is speaking frequently with Russian Ambassador [Sergey] Kislyak. Comey said that could be an issue as it relates to sharing sensitive information. President Obama asked if Comey was saying that the NSC should not pass sensitive information related to Russia to Flynn. Comey replied, ‘potentially.’ He added that he has no indication thus far that Flynn has passed classified information to Kislyak, but he noted that ‘the level of communication is unusual.'”
After the briefing, Obama asked Yates and Comey to “stay behind,” and said he had “learned of the information about Flynn” and his conversation with Russia’s ambassador about sanctions. Obama “specified that he did not want any additional information on the matter, but was seeking information on whether the White House should be treating Flynn any differently, given the information.”
So, there, you have it.
President Barack Obama was the head of the conspiracy to frame Flynn.
And, so, Flynn’s attorney Sidney Powell has now filed an ‘emergency writ of mandamus‘ to the D.C. Circuit Court of Appeals, asking for the immediate removal of Judge Emmet Sullivan from the case – and saying that under appellate precedent, Sullivan or his replacement must dismiss the prosecution, as the Justice Department has requested.
Writs of mandamus are extraordinary measures, only appropriate when there has been a “usurpation of judicial power” that is “clear and indisputable”
Powell pointed in particular to Sullivan’s bizarre courtroom comments in December 2018 that Flynn had “sold out his country” and could have been prosecuted for “treason”.
Powell also demanded the appellate court vacate Sullivan’s order appointing an “amicus curiae,” or “friend of the court,” to argue in favor of preserving Flynn’s guilty plea.
The 2016 D.C. Circuit court case United States v. Fokker Services establishes that a “district court cannot deny the Government’s motion to dismiss because the judge has ‘a disagreement with the prosecution’s exercise of charging authority,’ such as ‘a view that the defendant should stand trial’ or ‘that more serious charges should be brought.'”
“The courts cannot second-guess the government’s “conclusion that additional prosecution or punishment would not serve the public interest.”
The DOJ, according to Powell, had ample reason to seek the dismissal of Flynn’s case, in the light of newly released exculpatory information.
ADDITIONAL EXCERPTS FROM THE MOTION TO DISMISS BY U.S. ATTORNEY FOR D.C., TIMOTHY SHEA.
THIS SECTION IS A CRITICAL ONE, IN WHICH IT IS DISCUSSED WHETHER OR NOT JUDGE EMMET SULLIVAN HAS DISCRITIONARY POWER OVER THE GOVERNMENT’S DECISION.
HE HAS NOT, IT SEEMS.
”Federal Rule of Criminal Procedure 48(a) permits the Government, “with leave of court,” to “dismiss an indictment, information or complaint.””
“Government may move to dismiss even after a complaint has turned into a conviction because of a guilty plea.”
“The discretion accorded the DOJ under Rule 48(a) recognizes that “decisions to dismiss pending charges … lie squarely within the ken of prosecutorial discretion” and “‘at the core of the Executive’s duty to see to the faithful execution of the laws.’””
“The Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.”
“Mr. Flynn pleaded guilty to making false statements that were not “material” to any investigation.”
“Because the Government does not have a substantial federal interest in penalizing a defendant for a crime that it is not satisfied occurred and that it does not believe it can prove beyond a reasonable doubt, the Government now moves to dismiss the criminal information under Rule 48(a).”
“[Law] prohibits “knowingly and willfully … making any materially false, fictitious, or fraudulent statement or representation” in a “matter within the jurisdiction of the executive branch of the Government of the United States.””
“To be ‘material’ means to have probative weight” — that is, to be “reasonably likely to influence the tribunal in making a determination required to be made.”
“[THIS] prevents law enforcement from fishing for falsehoods merely to manufacture jurisdiction over any statement — true or false — uttered by a private citizen or public official.”
“In the case of Mr. Flynn, the evidence shows his statements were not “material” to any viable counterintelligence investigation — or any investigation for that matter — initiated by the FBI.”
“Indeed, the FBI itself had recognized that it lacked sufficient basis to sustain its initial counterintelligence investigation by seeking to close that very investigation without even an interview of Mr. Flynn.”
“The communications between Mr. Flynn and Mr. Kislyak […] did not warrant either continuing that existing counterintelligence investigation or opening a new criminal investigation.”
“Nor was anything said on the calls themselves to indicate an inappropriate relationship between Mr. Flynn and a foreign power.”
“Indeed, Mr. Flynn’s request that Russia avoid “escalating” tensions in response to U.S. sanctions in an effort to mollify geopolitical tensions was consistent with him advocating for, not against, the interests of the United States.”
“[THE CALLS] provided no factual basis for positing that Mr. Flynn had violated FARA. Nor did the calls remotely transform Mr. Flynn into a “viable candidate as part of the larger umbrella case” into Russian interference in the 2016 presidential election.”
“Having the ability to bootstrap the calls with Mr. Kislyak onto the existing authorization obviated the need for the “7th Floor” of the FBI to predicate further investigative efforts.”
“As is undisputed, the agents breached the common practice of arranging for the interview through the White House Counsel. Deputy Director McCabe effectively discouraged Mr. Flynn from procuring counsel or even notifying the White House Counsel.”
“Nor did the FBI even notify Acting Attorney General Yates that the interview was happening until the interviewing agents were already en route to Mr. Flynn.”
“Under these circumstances, the Government cannot explain, much less prove to a jury beyond a reasonable doubt, how false statements are “material” to an investigation that seems to have been undertaken only to elicit those very false statements and thereby criminalize Mr. Flynn.”
[THIS SECTION BELOW IS A CRITICAL ONE.]
“The Government appreciates that the Court previously deemed Mr. Flynn’s statements sufficiently “material” to the investigation. It did so, however, based on the Government’s prior understanding of the nature of the investigation, before new disclosures crystallized the lack of a legitimate investigative basis for the interview of Mr. Flynn.”
“And even if they could be material, the Government does not believe it could prove that Mr. Flynn knowingly and willfully made a false statement beyond a reasonable doubt.”
[THEY DO NOT ADDRESS THE FALSIFICATION OF THE ORIGINAL 302 OF FLYNN’S INTERVIEW, OTHER THAN ALLUDE TO “EVIDENTIARY PROBLEMS”.]
“The evidentiary problems that have emerged create reasonable doubt as to whether Mr. Flynn knowingly and willingly lied to investigators during the interview.”
“Mr. Flynn previously pleaded guilty to making false statements. In the Government’s assessment, however, he did so without full awareness of the circumstances of the newly discovered, disclosed, or declassified information as to the FBI’s investigation of him.”
“The Government has concluded that the evidence is insufficient to prove its case beyond a reasonable doubt.”
“The Government therefore moves to dismiss the criminal information under Rule 48(a).”
Every day brings a new explosive revelation in this long persecution of an American Hero. It’s way past due time to boomerang this thing back on the real criminals who abused their power to further their false political narrative.
Rio de Janeiro, May 21st, 2020
The order issued Thursday directs Sullivan to file a response by June 1, and invited the government to respond “in its discretion within the same 10-day period.” “