More on the Flynn case

[Conager]

He copied it from Lawfare. A "clubhouse" for prosecutors.

Yeah, but he did not get there by being a reader of Lawfare. Cenk Uygur told him which parts to quote.

 

[HisArpy]

Judge Sullivan Can Reject the Government’s Motion to Drop Flynn’s Case
By Andrew Crespo, Laura Londoño Pardo, Kristy Parker, Nathaniel Sobel Monday, May 18, 2020, 4:52 PM

Opinion piece.

It's crap by the way. Not because I don't agree with it, but because it's littered with false premises from the very first sentence. From there it attempts to turn "with leave of the court" to a proactive or affirmative obligation for the court to actively insert itself into the litigation. A duty which isn't supported ANYWHERE in FRCP or Rule 48 AND which goes against legal precedent.

It's crap.

 

[Rightguide]

In a way, I agree with it.

If Obama is subjected to scrutiny and/or prosecution AFTER he leaves office, then all the following Presidents will be held to the same standard. Especially so if those President's are disliked as much as Trump is disliked.

There must be a limit to that sort of thing.

Further, if Trump executed the "standard" pardon for the prior President for all crimes known and unknown, then Obama is shielded. What would be the point of going there in that situation?

I think it puts the AG in the position of defending the idea the President is above the law or that he can commit a felony while in office and be shielded from prosecution, thus supporting the appearance of a two tiered system of justice for elected officials.

We have never seen this kind of lawlessness in the White House in the history of the country. The Obama administration attacked the Constitution and the people of the United States. Technically there was no treason but there was sedition and conspiracy to defraud the United States. There would never be a question of legal accountability if Trump commits a felony while in office. Today's Democrats would put him prison without batting an eye. Somehow people have to be held accountable.

 

[enigma3]

What exactly did he say that was in error?

How to Have Closer Friendships (and Why You Need Them)

 

[enigma3]

cut and paste.

 

[BoyNextDoor]

You old pricks get awfully testy when your narrative is derailed.

If I were Sidney Powell and the Justice Department told me in late 2018 that they were going to drop the case then I would also have spoken at a fundraiser for Flynn’s legal defense fund, taken Flynn as a client, started disparaging the previous law team and advised my client to try and withdraw his plea as well. After all - they were going to drop the case and she knew it. As she said herself:

“I don’t know how, but I can read the way these particular government lawyers say things to know that they are lying and hiding things,” she explained, referring to the prosecutors in the Flynn case. “And I knew as soon as I started hearing and seeing what was going on with General Flynn that he had been set up.” - Politico (enough of a citation for you )

Which is bullshit - it is a fucking deep state conspiracy to get Flynn off and thereby try and unwind Trump's trail of corruption. THIS is the real deep state corruption.

Looking forward to Sullivan's determination on the matter. I hope Gleeson gets a chance to weigh in.


PS - Looking forward to charges being filed for Flynn's "Turkey First" foreign policy.

 

[Conager]

You derail nothing with your drop and run, wild-eyed conspiracy theories and ill-formed legal theories.

The difference between your conspiracy theories together with FakeSpyPilot and others and "ours" is we have receipts for ours. Actual documents showing that what we say happened, actually happened. There was an actual conspiracy to spy on and set up Flynn. This is indisputable.

Your current talking points legal heory doesn't dispute that Flynn was set-up and did not actually lie in any deliberate way or about anything actually material to an actually valid investigation- your idiotic legal theory is that he should be charged with perjury for elocution of a guilty plea where he, under oath, swore that he was guilty (twice!!!!) and that his guilty plea* was not coerced.

You can't have it both ways.

Never mind that his plea was based on a set of "facts" proffered by the government that turned out to be fabrications. Flynn, and the public has no idea how, or if his phone call varies from his recall of the phone call as recounted in what he was led to believe was a casual conversation amongst colleagues because the government has still refused to produce the recording of the call and has "lost" the original FD-302 as well as the Strozyk/Page fabricated one.

 

[phrodeau]

For an undocumented foreign worker, Flynn sure gets sympathy from Republicans.

 

[knottu]

https://hotair.com/archives/ed-morr...fake-judge-appellate-intervention-flynn-case/

 

[Rightguide]

Opinion piece.

It's crap by the way. Not because I don't agree with it, but because it's littered with false premises from the very first sentence. From there it attempts to turn "with leave of the court" to a proactive or affirmative obligation for the court to actively insert itself into the litigation. A duty which isn't supported ANYWHERE in FRCP or Rule 48 AND which goes against legal precedent.

It's crap.

Interestingly the Circuit Court directed the Judge to address the motion in consideration of United States v. Fokker Services B.V. which that court found the decision to dismiss charges “lie squarely within the ken of prosecutorial discretion,” and that judges may not substitute their judgement to further prosecute a defendant with that of the Justice Department’s determination that a case should be dropped. Looks like Sullivan will have a working weekend.

 

[knottu]

https://hotair.com/archives/ed-morr...fake-judge-appellate-intervention-flynn-case/

DUMZ attacked one of teh Judges

 

[HisArpy]

I think it puts the AG in the position of defending the idea the President is above the law or that he can commit a felony while in office and be shielded from prosecution, thus supporting the appearance of a two tiered system of justice for elected officials.

We have never seen this kind of lawlessness in the White House in the history of the country. The Obama administration attacked the Constitution and the people of the United States. Technically there was no treason but there was sedition and conspiracy to defraud the United States. There would never be a question of legal accountability if Trump commits a felony while in office. Today's Democrats would put him prison without batting an eye. Somehow people have to be held accountable.

It's quite a conundrum.

Since Obama was the ultimate classifier at the time, he could easily have ordered the unmasking to take place because of national security concerns and it would have been within his authority. No illegal offense.

Also, since he was the ultimate decision maker at the time regarding who gets classified materials, he could order certain documents to be withheld from the transition team until after the transition was completed. Again, no illegal offense.

He could order an investigation into a member of the incoming administration IF he has sufficiently legal reason to suspect them. Once again, nothing illegal to see here.

The problem is that that narrative doesn't fit that. It's not the "crime" it's the coverup. Coverups aren't illegal if there's no underlying crime and you don't commit one creating the coverup.

 

[Rightguide]

DUMZ attacked one of teh Judges

One of them was appointed by Bush, one By Reagan, one by Obama.

 

[HisArpy]

Interestingly the Circuit Court directed the Judge to address the motion in consideration of United States v. Fokker Services B.V. which that court found the decision to dismiss charges “lie squarely within the ken of prosecutorial discretion,” and that judges may not substitute their judgement to further prosecute a defendant with that of the Justice Department’s determination that a case should be dropped. Looks like Sullivan will have a working weekend.

He's in trouble that's for sure. That's not the issue.

The issue is what is the appeals court going to do about it.

 

[Conager]

https://hotair.com/archives/ed-morr...fake-judge-appellate-intervention-flynn-case/

But, but, but BoreNextDoor has "derailed" that with the August opinion of Lawfare that has been wrong, consistently, throughout the entirety of the Russia Collusion / Obstruction of Justice / Impeachment (and now Flynn) debacle.

 

[knottu]

But, but, but BoreNextDoor has "derailed" that with the August opinion of Lawfare that has been wrong, consistently, throughout the entirety of the Russia Collusion / Obstruction of Justice / Impeachment (and now Flynn) debacle.

 

[Rightguide]

It's quite a conundrum.

Since Obama was the ultimate classifier at the time, he could easily have ordered the unmasking to take place because of national security concerns and it would have been within his authority. No illegal offense.

Also, since he was the ultimate decision maker at the time regarding who gets classified materials, he could order certain documents to be withheld from the transition team until after the transition was completed. Again, no illegal offense.

He could order an investigation into a member of the incoming administration IF he has sufficiently legal reason to suspect them. Once again, nothing illegal to see here.

The problem is that that narrative doesn't fit that. It's not the "crime" it's the coverup. Coverups aren't illegal if there's no underlying crime and you don't commit one creating the coverup.

Yes, but a concerted effort to leak classified information to the press could land somebody in prison for a long time.

 

[HisArpy]

Yes, but a concerted effort to leak classified information to the press could land somebody in prison for a long time.

ONLY if it isn't "authorized" by someone with the authority and power to do that authorization.

And the person who has that power does nothing illegal by exercising it.

 

[Rightguide]

This is a great article by one of America's great remaining investigative reporters. It's well worth the time for those interested in the why and how the Flynn take down was initiated:


How Russiagate Began With Obama’s Iran Deal Domestic Spying Campaign
Michael Flynn posed a threat to the former president’s legacy and was made to pay for it
by
Lee Smith
May 20, 2020

https://www.tabletmag.com/sections/news/articles/russiagate-obama-iran

 

[Rightguide]

ONLY if it isn't "authorized" by someone with the authority and power to do that authorization.

And the person who has that power does nothing illegal by exercising it.

I understand your meaning and reasoning, but I'm not sure the President has the arbitrary power to violate the constitutional rights of an American citizen. Which it seems this would involve, notwithstanding the seemingly supportive language in 50 USC 1802.

 

[icanhelp1]

ONLY if it isn't "authorized" by someone with the authority and power to do that authorization.

And the person who has that power does nothing illegal by exercising it.

And just how do you prove a declassification. I was looking into that aspect of the unmasking and it dawned on me that if Obama declassified then the leak is not a leak and every one is safe and a run is scored.

 

[BoyNextDoor]

Yeah - Lee Smith is the author of The Plot Against the President. Of course he would never color his reporting.

Still no response to the Justice Department telling Powell that they were going to drop the charges in 2018 before she took the case?

Figures.

 

[HisArpy]

I understand your meaning and reasoning, but I'm not sure the President has the arbitrary power to violate the constitutional rights of an American citizen. Which it seems this would involve, notwithstanding the seemingly supportive language in 50 USC 1802.

National security can get you tossed into jail and held indefinitely without recourse to an attorney or court.

Square that with "Constitutional Rights".

And just how do you prove a declassification. I was looking into that aspect of the unmasking and it dawned on me that if Obama declassified then the leak is not a leak and every one is safe and a run is scored.

Thus the question of whether Obama will go to bat for Comey. If yes, they're all golden. If not...

If you are a long serving Congressman who will eventually come up for reelection, do you want to go down that path and ask those questions knowing that either answer will alienate half of the voters against you?

 

[Conager]

Yeah - Lee Smith is the author of The Plot Against the President. Of course he would never color his reporting.

Still no response to the Justice Department telling Powell that they were going to drop the charges in 2018 before she took the case?

Figures.

You can't "figure" 2 and 2 and get 4.

There is no reason that her as a former DOJ prosecutor and DOJ prosecutors observing just the publicised facts in the case together with the suspiciously absent evidence would not have come to the same conclusions.

I already explained that your conspiracy theories have absolutely no basis other than your speculation and our onspiracy theories or not theories since we have documentary evidence of how the conspiracy was planned and executed, who iwas involved, and what they wrote down about it.

For your theory of Trump getting Barr to just dismiss a valid case requires a time machine for him to go back and plant the evidence that actually shows what actually happened.

The only reason the actual conspiracy is just now seeing the light of day was that the actual conspiracy was multilayered and designed to defeat discovery. They managed to sideline the actual attorney General, Jeff Sessions, with planted news stories and then another planted news stories got a Special Councel appointed for a bogus obstruction of justice case specifically involving Flynn. Flynn had to go on the back burner until such time as all the other issues were resolved. That was not by accident. That was by design.

This whole thing fell apart because of Weissman's hubris. Do initial plan was just to get rid of Flynn by any means necessary so that he is was not in place to discover spygate, which he was already aware of and pledged to clean up. Getting Flynn fired and getting him to take a guilty plea was plenty of scalp. They would have been deleted to have tarnish his reputation in such a way and leave it at that with no jail time.

DOJ was always going to drop it, they knew there was no there, there. They know what the actual call sounds like, knew that the Flynn perjury trap failed because the agent's original FD-302 said they felt there was no intent to deceive.

Now you put up, asshole.

Support your ridiculous assertions with anything but the ridiculous, self defeating legal theory of some partisan hacks*. Witness statements, documents, anything?

Thought not.

*Those are the same legal eagles that kept promoting the next rabbit out of the hat salvation legal theory to each failure point of Mueller and impeachment.

 

[icanhelp1]

National security can get you tossed into jail and held indefinitely without recourse to an attorney or court.

Square that with "Constitutional Rights".



Thus the question of whether Obama will go to bat for Comey. If yes, they're all golden. If not...

If you are a long serving Congressman who will eventually come up for reelection, do you want to go down that path and ask those questions knowing that either answer will alienate half of the voters against you?

If they play that angle, then everyone is safe. I don't believe there's a pub in congress that has the balls to subpoena Obama to ask him. So I believe they have no chance in proving a leak and I think they all know that. Puba Bear is a big obstacle to this whole investigation. The very executive privileges that protected Trump from impeachment also protect Obama. Flynn's case is a done deal, the only thing left is the Comey leak that initiated the Mueller investigation and the illegal FISA warrants. I'm predicting no prosecutions with maybe the exception of the FBI attorney that changed the narrative for the FISA warrants. The MSM has been so disingenuous with coverage that the american people don't understand how corrupt it really is.