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10 September 2019

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Keith Harbaugh

Thank you very much for your detailed and worthwhile review of the Flynn legal situation.

I too read the Sidney Powell 2019-08-30 brief with interest.
(BTW, printing it out with four logical pages per sheet of paper makes it easier for me to read.)
Two things stood out to me (emphasis added):

  1. Powell references the Ted Stevens situation far too often. Hitting that so often becomes counter-productive.
  2. The key sentence in her brief is in its para. 1.4:
    The prosecutors in this case have repeatedly failed to produce Brady evidence despite ...
    (iii) specific requests for documents the prosecutors know are exculpatory
    Where her case stands or falls is on the truth of two separate parts of that assertion: 1) the referenced docs are in fact exculpatory, and 2) the prosecutors should reasonably have understood that.
    A further issue, brought up by Marcy Wheeler and others, is whether revealing those docs would also reveal sources and methods ... always a conundrum in these cases which mix national security with the legal system.

A further development is described in two 2019-09-09 posts from sundance:

Finally, let me reference an extremely interesting additional legal brief:
"HPSCI Member Devin Nunes Files Lawsuit Against Fusion-GPS Claiming Racketeering and Conspiracy…", by sundance, 2019-09-04, referencing a 34-page legal brief "Devin Nunes -Vs- Fusion GPS Lawsuit - Complaint".
As I said, that really is worth reading.
On the one hand, it summarizes a lot of what sundance has been reporting for the past two years (and makes me wonder what exactly is the relation between sundance and Nunes).
On the other hand, it give an eye-opening view of how some elements on the left have used fraudulent accusations of ethics violations to harass and deter those they consider a threat.
I hope RW will devote a future post to this brief.
Anyhow, plenty of interesting developments on this intersection of national security, the legal system, and American politics.

walrus

Could it be that Flynn, through perhaps a lapse of memory, was mistaken in his belief that he lied?

Jack

It seems that Flynn’’s new attorney is making the case to Judge Sullivan that there was prosecutorial misconduct and that Flynn was railroaded into his guilty plea. Consequently the whole prosecution should be dismissed. This is not Judge Sullivan’s first rodeo in a similar situation. He was the judge in the Steven’s case where there was similar prosecutorial misconduct and the prosecutors held in contempt.

Barr should be paying close attention to this case as if Judge Sullivan throws out this prosecution then it will completely tarnish the Mueller special counsel and demonstrate that at least in the case of Flynn it was a witch hunt.

turcopolier

jack

Having seen a lot of prosecutorial, FBI and judicial misconduct I have no trouble believing it happened to Flynn.

Keith Harbaugh

Here is sundance's report on the 2019-09-10 hearing:
"Michael Flynn and Sidney Powell Return to Court –
Powell Confirms Rosenstein Authorized Targeting of Flynn Jr. for Leverage…

sundance gives a link to an 11-minute interview of attorney Sidney Powell by Hannitty;
here is a direct link to that YouTube video;
also Jeanine Pirro participates in that video.

Keith Harbaugh

A big victory for Flynn and Powell!
See the 2019-09-11 order from Judge Sullivan:

The Court has carefully considered Mr. Michael T. Flynn’s motion to show cause and to compel production of Brady material and it is hereby ORDERED that said motion is GRANTED.
The government is hereby ORDERED to show cause why it should not be held in contempt for its violations of this Court’s Standing Brady Order.
The government is hereby ordered to provide all original documents requested by the defense for which the government has only provided summaries, including raw notes supporting those documents.
The government is also ordered to take all steps necessary to preserve all forms of electronic communications, cell phones, and computers of all members of Special Counsel team and the Department of Justice or FBI who communicated with Lisa Page and/or Peter Strzok, whose devices were destroyed.
The government is also ordered to preserve all documents that mention Mr. Flynn.
Links to several versions of that order are available from, who else, sundance here.
But I (KH) note that on the next page of the order, the dates are not filled in, and Judge Sullivan's signature does not appear.
Does that mean this is a draft and not final? I don't have the legal couth to know.

Keith Harbaugh

Oops. On further reflection, the document I just mentioned and cited really is a proposed draft, per sundance's description:

the discovery motion is now unsealed by the court and available for review.
Maybe the legal experts can clarify its status.

Keith Harbaugh

Mr. Willmann: The response of DOJ to Sidney Powell's "Motion to Compel" regarding Michael Flynn was due to Judge Sullivan on Sept. 24.
I can find no record of that response, using Google.
Is there any way to locate and read the DOJ response on the Web?

Also, BTW, Powell filed a three-page amendment to her original motion,
which is discussed, by Margot Cleveland, at "What’s Inside The Latest Documents From Michael Flynn’s Court Case" Cleveland writes:

Federal prosecutors have maintained all along that they have already turned over all the evidence that matters, and their position isn’t about to change now. So, expect the government lawyers to object to producing this evidence as well.

But that’s where things get even more interesting because Powell then has a chance to lay out in her reply brief exactly why this evidence is relevant. Since Powell’s argument is that the case against Flynn should be dismissed for “egregious government misconduct,” expect that misconduct to be laid out in excruciating detail.

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