DOJ Drops Case Against Micheal Flynn/ Dallas Hairdresser Freed

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Mar 23, 2016
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#21
... continued from above


January 23: Another important criminal leak was given to Ellen Nakashima and Greg Miller of the Washington Post, also based on criminal leaks. Their article, headlined “FBI reviewed Flynn’s calls with Russian ambassador but found nothing illicit,” was intended to make Flynn feel safe and put him at ease about the FBI stance on those calls the day before they planned to ambush him in an interview. The article was used to publicize false information when it said, “Although Flynn’s contacts with Russian Ambassador Sergey Kislyak were listened to, Flynn himself is not the active target of an investigation, U.S. officials said.” In fact, emails prior to this date confirm Flynn was their prime target. This article was later cited by McCabe as the reason why they were justified in concealing from Flynn the real purpose of their interview. Flynn later asked McCabe if he knew how all the information about his phone calls had been made public and whether it had been leaked. Any potential response from McCabe to Flynn has been redacted from his own notes about the conversation.

January 24: Comey later admitted he broke every protocol to send agents to interview Flynn and try to catch him in a lie. FBI officials strategized how to keep Flynn from knowing he was a target of the investigation or asking for an attorney to represent him in the interview. The January 23 Washington Post article, which falsely stated that Flynn was not an FBI target, was key to that strategy. Though the interviewing agents said they could detect no “tells” indicating he lied, and he carefully phrased everything in the interview, he later was induced to plead guilty to lying in this interview. Ostensibly because White House officials downplayed the Kislyak phone calls, presumably in light of what Flynn had told them about the calls, Yates would go to the White House the next day and insinuate Flynn should probably be fired.


February 9: The strategy to get Flynn fired didn’t immediately work so another leak was deployed to Greg Miller, Adam Entous and Ellen Nakashima of the Washington Post. That article, headline “National security adviser Flynn discussed sanctions with Russian ambassador, despite denials, officials say,” was sourced to people who happened to share senior FBI leadership’s views on the Logan Act. This article was also based on criminal leaks of top secret information of phone call intercepts and laid out the FBI’s case for why Flynn’s contacts with a foreign adversary were a problem. The fact that such phone calls are routine, not to mention Flynn’s case that improved relations with Russia in a world where China, North Korea, and Iran were posing increasing threats, never made it into these articles for context.

February 13: The operation finally succeeded in getting Flynn fired and rendering him unable to review the operations against the Trump campaign, Trump transition team, and Trump administration.

March 1: Flynn was the first obstacle who had to be overcome. Attorney General Jeff Sessions was the next. The Trump loyalist with a strong Department of Justice background would also need to be briefed on the anti-Trump efforts unless he could be sidelined. Comey admitted that early in Sessions’ tenure, he deliberately hid Russia-related information from Sessions because, “it made little sense to report it to Attorney General Sessions, who we expected would likely recuse himself from involvement in Russia-related investigations.” To secure that recusal, yet another leak was deployed to the Washington Post’s Adam Entous, Ellen Nakashima and Greg Miller. The leak was intended to tar Sessions as a secret Russian agent and was dramatically spun as “Sessions Spoke Twice To Russian Envoy: Revelation contradicts his testimony at confirmation hearing.” One meeting was in passing and the other was in his function as a United States Senator, but the hysteria was such that the Post authors could get away with suggesting Sessions was too compromised to oversee the Department of Justice’s counterintelligence operations involving Russia. It is perhaps worth noting that the Special Counsel idea was pushed in this article.

March 2: Sessions recused himself from oversight of the FBI’s anti-Trump operation, providing no meaningful oversight to an operation that would be spun into a Special Counsel by mid-May. With the removal of Trump’s National Security Advisor and his Attorney General, there was no longer any chance of Trump loyalists discovering what Obama holdovers at the FBI were actually doing to get Trump thrown out of office. After Trump fired Comey for managerial incompetence on May 9, deceptively edited and misleading leaks to the New York Times ordered by Comey himself were used to gin up a Special Counsel run exclusively by left-wing anti-Trump partisans who continued the operation without any meaningful oversight for another two years.

This stunning operation was not just a typical battle between political foes, nor merely an example of media bias against political enemies. Instead, this entire operation was a deliberate and direct attack on the foundation of American governance. In light of the newly declassified documents released in recent days, it is clear that understanding what happened in that January 5 Oval Office meeting is essential to understanding the full scope and breadth of the corrupt operation against the Trump administration. It is long past time for lawmakers in Congress who are actually interested in oversight of the federal government and the media to demand answers about what really happened in that meeting from every single participant, including Obama and Biden.



 

PennEd

Senior Member
Apr 22, 2013
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#22
Mar 23, 2016
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#23
The city should just cut off utilities to businesses refuse to close during a mandated lockdown
Before insisting that cities should cut off utilities to businesses, here is something to consider, Dude653:



 
Mar 23, 2016
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#24
President Obama Declares “There Is No Precedent That Anybody Can Find” For The Flynn Motion [He May Want To Call Eric Holder]
Jonathan Turley


Former President Barack Obama is being quoted from a private call that the “rule of law is at risk” after the Justice Department moved to dismiss the case against former national security adviser Michael Flynn. Obama reportedly told members of the Obama Alumni Association that “There is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free.” Without doubting the exhaustive search referenced by President Obama, he might have tried calling one “alum”: former Attorney General Eric Holder. Holder moved to dismiss such a case based on prosecutorial errors in front of the very same judge, Judge Emmet Sullivan. [Notably, CNN covered the statements this morning without noting the clearly false claim over the lack of any precedent for the Flynn motion]


The Obama statement is curious on various levels. First, the exhaustive search may have been hampered by the fact that Flynn was never charged with perjury. He was charged with a single count of false statements to a federal investigator under 18 U.S.C. 1001. I previously wrote that the Justice Department should move to dismiss the case due to recently disclosed evidence and thus I was supportive of the decision of Attorney General Bill Barr.


Second, there is ample precedent for this motion even though, as I noted in the column calling for this action, such dismissals are rare. There is a specific rule created for this purpose. Federal Rule of Criminal Procedure 48(a) states the government may dismiss an indictment, information or complaint “with leave of the court.” Moreover, such dismissals are tied to other rules mandating such action when there is evidence of prosecutorial misconduct or fundamental questions about the underlying case from the view of the prosecutors. I wrote recently about the serious concerns over the violation of Brady and standing court orders in the production and statements of the prosecutors in the case.


Third, there is also case law. In Rinaldi v. United States, 434 U.S. 22 (1977) which addressed precedent under Petite v. United States, 361 U.S. 529 (1960) dealing with the dangers of multiple prosecutions. There are also related cases in Bartkus v. Illinois, 359 U. S. 121 (1959), and Abbate v. United States, 359 U. S. 187 (1959). The Rinaldi decision involved a petitioner convicted of state offenses arising out of a robbery, who believed that the government should have moved to dismiss a federal offense arising out of the same robbery under the Department’s Petite policy. The Court laid out the standard for such motions. The thrust of that controversy concerned double jeopardy and dual jurisdictions. However, the point was that the rule is key in protecting such constitutional principles and that courts should be deferential in such moves by the Department: “In light of the parallel purposes of the Government’s Petitepolicy and the fundamental constitutional guarantee against double jeopardy, the federal courts should be receptive, not circumspect, when the Government seeks leave to implement that policy.”


There are also lower court decisions on this inherent authority. For example, in the D.C. Circuit (where the Flynn case was brought), the ruling in United States v. Fokker Servs. B.V., No. 15-3016 (D.C. Cir. 2016) reaffirms the deference to prosecutors on such questions. The Court noted that this deference extends to core constitutional principles:


“The Executive’s primacy in criminal charging decisions is long settled. That authority stems from the Constitution’s delegation of “take Care” duties, U.S. Const. art. II, § 3, and the pardon power, id. § 2, to the Executive Branch. See United States v. Armstrong, 517 U.S. 456, 464 (1996); In re Aiken Cnty., 725 F.3d 255, 262-63 (D.C. Cir. 2013). Decisions to initiate charges, or to dismiss charges once brought, “lie[] at the core of the Executive’s duty to see to the faithful execution of the laws.” Cmty. for Creative Non-Violence v. Pierce, 786 F.2d 1199, 1201 (D.C. Cir. 1986). The Supreme Court thus has repeatedly emphasized that“[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor’s discretion.” United States v. Batchelder, 442 U.S. 114, 124 (1979); see Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978).
Correspondingly, “judicial authority is . . . at its most limited” when reviewing the Executive’s exercise of discretion over charging determinations. . . . The Executive routinely undertakes those assessments and is well equipped to do so.”


Fourth, there are cases where the Department has moved to dismiss cases on grounds of prosecutorial misconduct or other grounds touching on due process, ethical requirements or other concerns. One that comes to mind is United States v. Stevens where President Obama’s own Attorney General, Eric Holder, asked the same judge in the Flynn case to dismiss that case. That was just roughly ten years ago. As with Flynn, there was an allegation of withheld evidence by prosecutors.


At the time of the motion Holder declared “The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis.” What is obvious is the new guidelines issued at the time were honored in the breach during the Flynn prosecution.


While people of good faith can certainly disagree on the wisdom or basis for the Flynn motion, it is simply untrue if President Obama is claiming that there is no precedent or legal authority for the motion.


The rare statement by President Obama is also interesting in light of the new evidence. As I discussed in a column this morning in the Hill newspaper, the new material shows that Obama was following the investigation of Flynn who he previously dismissed from a high-level position and personally intervened with President Donald Trump to seek to block his appointment as National Security Adviser. Obama reportedly discussed the use of the Logan Act against Flynn. For a person concerned with precedent, that was also a curious focus. The Logan Act is widely viewed as unconstitutional and has never been used to successfully convicted a single person since the early days of the Republic. Now that is dubious precedent.



 

Lanolin

Well-known member
Dec 15, 2018
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#25
yay america. Have no idea what OP is talking about but if its a great day for you people then hooray.
Id love to have a great day for everybody all over the entire planet...but its not Christmas.
 

Dude653

Senior Member
Mar 19, 2011
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#26
Quite the opposite. The *mandated lockdown* is as bogus as all the other hoaxes (including Flynn's guilt), and is meant to destroy economies and attack civil liberties (and there is plenty of evidence for that). In NYC people who remained home were infected. How do you explain that? Had the borders and international flights been strictly shut down in January, the whole picture would have been different.

What has not been emphasized by the Leftist media is that only certain age groups and certain unhealthy people were seriously affected. The elderly and those with pre-existing health conditions were hospitalized or died. Young children and teens were barely affected.

Everyone's making a fuss about Wuhan virus, when flu deaths have been huge year after year and were simply ignored. The WHO estimates 650,000 flu deaths yearly. The estimate for Wuhan virus or *Chinese virus* (since this is called "hate speech") right now is about 277,000 (Johns Hopkins Interactive Map).
Your argument is self-contradictory. why shut down the borders if it's not a threat as you claim?
 

Dude653

Senior Member
Mar 19, 2011
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#27
also just because you have the constitutional right to do something, doesn't necessarily mean it's the morally right thing to do
if you feel like a haircut is worth risking getting infected and then passing the disease on the others then you need to re-examine your priorities
 
Mar 23, 2016
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came across this today ... more on the "statement" Obama made during the "Obama Alumni Association" phone call ... when Obama declared "There is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free.”

Below is a memorandum from Sidney Powell, the attorney currently representing Michael Flynn, to Obama (long read but Ms. Powell rebuts the statement made by Obama):


OPEN MEMORANDUM
To: Barack Hussein Obama

From: Sidney Powell
https://sidneypowell.com/media/open-memorandum-to-barack-obama/


Date: May 13, 2020


Re: Your Failure to Find Precedent for Flynn Dismissal


Regarding the decision of the Department of Justice to dismiss charges against General Flynn, in your recent call with your alumni, you expressed great concern: "there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. That's the kind of stuff where you begin to get worried that basic — not just institutional norms — but our basic understanding of rule of law is at risk."

Here is some help—if truth and precedent represent your true concern. Your statement is entirely false. However, it does explain the damage to the Rule of Law throughout your administration.

First, General Flynn was not charged with perjury—which requires a material false statement made under oath with intent to deceive.1 A perjury prosecution would have been appropriate and the Rule of Law applied if the Justice Department prosecuted your former FBI Deputy Director Andrew McCabe for his multiple lies under oath in an investigation of a leak only he knew he caused.

McCabe lied under oath in fully recorded and transcribed interviews with the Inspector General for the DOJ. He was informed of the purpose of the interview, and he had had the benefit of counsel. He knew he was the leaker. McCabe even lied about lying. He lied to his own agents—which sent them on a "wild-goose-chase"—thereby making his lies "material" and an obstruction of justice. Yet, remarkably, Attorney General Barr declined to prosecute McCabe for these offenses.

Applying the Rule of Law, after declining McCabe's perjury prosecution, required the Justice Department to dismiss the prosecution of General Flynn who was not warned, not under oath, had no counsel, and whose statements were not only not recorded, but were created as false by FBI agents who falsified the 302.

Second, it would seem your "wingman" Eric Holder is missing a step these days at Covington & Burling LLP. Indelibly marked in his memory (and one might think, yours) should be his Motion to Dismiss the multi-count jury verdict of guilty and the entire case against former United States Senator Ted Stevens. Within weeks of Mr. Holder becoming Attorney General, he moved to dismiss the Stevens prosecution in the interest of justice for the same reasons the Justice Department did against General Flynn—egregious misconduct by prosecutors who hid exculpatory evidence and concocted purported crimes.

As horrifying as the facts of the Stevens case were, they pale in comparison to the targeted setup, framing, and prosecution of a newly elected President's National Security Advisor and the shocking facts that surround it. This case was an assault on the heart of liberty— our cherished system of self-government, the right of citizens to choose their President, and the hallowed peaceful transition of power.

Third, the inability of anyone in your alumni association to find "anybody who has been charged [with anything] just getting off scot-free" would be laughable were it not so pathetic.

Many of your alum feature prominently in the non-fiction legal thriller published in 2014: Licensed to Lie: Exposing Corruption in the Department of Justice. A national best- seller, it focusses on the egregious prosecutorial misconduct of your longest serving White House Counsel, Kathryn Ruemmler; your counter-terrorism advisor Lisa Monaco; Loretta Lynch's DAG for the Criminal Division Leslie Caldwell; and Mueller protégé Andrew Weissmann. While they worked as federal prosecutors on the Enron Task Force—under the purported supervision of Christopher Wray—they destroyed Arthur Andersen LLP and its 85,000 jobs; sent four Merrill Lynch executives to prison on an indictment that criminalized an innocent business transaction while they hid the evidence that showed those defendants were innocent for six years. Both cases were reversed on appeal for their over-criminalization and misconduct. Indeed, Andersen was reversed by a unanimous Supreme Court.



____________________

1 As a "constitutional lawyer," surely you recall that perjury (or false statements) also requires intent to deceive. In Bronston v. United States, 409 U.S. 352 (1973), the Supreme Court reversed a conviction of perjury. In Bronston, the defendant's answer was a truthful statement, but not directly responsive to the question and ultimately misled federal authorities. The Court determined: "A jury should not be permitted to engage in conjecture whether an unresponsive answer, true and complete on its face, was intended to mislead or divert the examiner; the state of mind of the witness is relevant only to the extent that it bears on whether "he does not believe [his answer] to be true." To hold otherwise would be to inject a new and confusing element into the adversary testimonial system we know." Id. at 359. The FBI agents who interviewed General Flynn specifically noted that his answers were true or he believed his answers to be true—completely defeating criminal intent. Furthermore, General Flynn knew and remarked they had transcripts of his conversations.




more to follow ...
 
Mar 23, 2016
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#30
... continued from above (Sidney Powell memorandum to Barack Obama)



Fourth, even if your many alumni don't remember multiple cases that had to be reversed or dismissed for their own misconduct, Judge Emmet Sullivan should remember dismissing the corrupted case against Ted Stevens. Judge Sullivan is the judicial hero of Licensed to Lie. It is that case that caused Judge Sullivan to enter the strong Brady order the Mueller and D.C. career prosecutors violated repeatedly in the Flynn prosecution.

Fifth, there is precedent for guilty pleas being vacated. Your alumni Weissmann and Ruemmler are no strangers to such reversals. At least two guilty pleas they coerced by threats against defendants in Houston had to be thrown out—again for reasons like those here. The defendants "got off scot-free" because—like General Flynn—your alumni had concocted the charges and terrorized the defendants into pleading guilty to "offenses" that were not crimes. Andersen partner David Duncan even testified for the government against Andersen in its trial, but his plea had to be vacated. Enron Broadband defendant Christopher Calger had his plea vacated. There are many others across the country.

Sixth, should further edification be necessary, see Why Innocent People Plead Guilty, written in 2014 by federal Judge Jed Rakoff (a Clinton appointee). Abusive prosecutors force innocent people to plead guilty with painful frequency. The Mueller special counsel operation led by Andrew Weissmann and Weissmann "wannabes" specializes in prosecutorial terrorist tactics repulsive to everything "justice" is supposed to mean. These tactics are designed to intimidate their targets into pleading guilty—while punishing them and their families with the process itself and financial ruin.

Most important, General Flynn was honest with the FBI agents. They knew he was—and briefed that to McCabe and others three different times. At McCabe's directions, Agent Strzok and McCabe's "Special Counsel" Lisa Page, altered the 302 to create statements Weissmann, Mueller, Van Grack, and Zainab Ahmad could assert were false. Only the FBI agents lied—and falsified documents. The crimes are theirs alone.

Seventh, the D.C. circuit in which you reside vacated a Section 1001 case for a legal failure much less egregious than those in General Flynn's case. United States v. Safavian, 528 F.3d 957 (D.C. Cir. 2008). Safavian sought advice from his agency's ethics board and did not give them all the relevant info. The jury convicted him on the theory it was a 1001 violation to conceal the information from the government ethics board. The court disagreed: "As Safavian argues and as the government agrees, there must be a legal duty to disclose in order for there to be a concealment offense in violation of § 1001(a)(1), yet the government failed to identify a legal disclosure duty except by reference to vague standards of conduct for government employees." General Flynn did not even know he was the subject of an investigation—and in truth, he was not. The only crimes here were by your alumni in the FBI, White House, intelligence community, and Justice Department.

These are just a few obvious and well-known examples to those paying any attention to criminal justice issues.

Finally, the "leaked" comments from your alumni call further evinces your obsession with destroying a distinguished veteran of the United States Army who has defended the Constitution and this country "from all enemies, foreign and domestic," with the highest honor for thirty-three years. He and many others will continue to do so.


 
May 29, 2020
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#32
https://www.texasmonthly.com/news/dallas-salon-arrest-gofundme/
Apparently she started a GoFundMe page the day before she reopened
Publicity stunt much?
Probably, certainly came out of wealthy if that gofundme money gets to her:


Shelley Luther’s out of jail. The governor changed his order shortly after she protested in court. She’s got more than half a million bucks in crowdfunded cash coming in. She’s got a government loan coming her way that she won’t have to repay if she follows the rules. She got to cut Ted Cruz’s hair, and a lot of people are calling her a hero.

I need to read The Wealthy Barber book again. :rolleyes: