Understanding What Sidney Powell is Doing to Kill the Case Against Michael Flynn by Larry C Johnson

Sidney Powell, General Michael Flynn's magnificent lawyer, is in the process of destroying the bogus case that Robert Mueller and his gang of legal thugs tried to sneak past appropriate judicial review. To help you understand what she is doing we must first go back and review the indictment of Flynn and then look at what Ms. Powell, aka Honey Badger, has forced the prosecutors to admit.

Here are the nuts and bolts of the indictment

On or about January 24, 2017, defendant MICHAEL T. FLYNN did willfully and knowingly make materially false, fictitious, and fraudulent statements and representations . . . to agents of the Federal Bureau of Investigation that:

(i) On or about December 29, 2016, FLYNN did not ask the Government of Russia's Ambassador to the United States ("Russian Ambassador") to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia that same day; and FLYNN did not recall the Russian Ambassador subsequently telling him that Russia had chosen to moderate its response to those sanctions as a result of his request.

(ii) On or about December 22, 2016, FLYNN did not ask the Russian Ambassador to delay the vote on or defeat a pending United Nations Security Council resolution; and that the Russian Ambassador subsequently never described_to FLYNN Russia's response to his request.

Let me make a couple of observations before we dig into the notes and the 302 that FBI Agents Strzok and Pientka wrote up during and following their interview of Michael Flynn on January 24, 2017. First, Michael Flynn did nothing wrong or inappropriate in speaking to Russia's Ambassador Kislyak. He was doing his job as an incoming National Security Advisor to President Trump. Second, not "recalling" what Ambassador Kislyak said (or did not say) on 22 December is not lying. Third, even if Flynn did ask the Russian Ambassador on the 29th of December to "refrain from escalating the situation" in response to the U.S. sanctions imposed by Barack Hussein Obama, there is nothing wrong with that. In fact, that is wise counsel intended to defuse a situation.

Now, here is where the FBI, especially Agents Strzok and Pientka, are in so much trouble. The day prior to the "interview" of General Flynn the FBI plotters met to discuss strategy. According to Sidney Powell:

 

January 23, the day before the interview, the upper echelon of the FBI met to orchestrate it all. Deputy Director McCabe, General Counsel James Baker, , Lisa Page, Strzok, David Bowdich, Trish Anderson, and Jen Boone strategized to talk with Mr. Flynn in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target. (Ex.12). Knowing they had no basis for an investigation,6 they deliberately decided not to notify DOJ for fear DOJ officials would follow protocol and notify White House Counsel.

Peter Strzok was interviewed on 19 July 2017 by the FBI and, according to his affidavit, pretended that he was asked on the 24th of January 2017 to interview General Flynn. He implied this was a last minute request. But as noted in the preceding paragraph, which is based on an interview of Strzok's mistress, Lisa Page, a meeting took place the day before to orchestrate the ambush of General Flynn.

What is truly remarkable is that Peter Strzok stated the following, which exonerates Flynn of the charges in the indictment cited above:

Strzok and Pientka both had the impression at the time that Flynn was not lying or did not think he was lying. Flynn struck Strzok as "bright, but not profoundly sophisticated."

The fact that the FBI Agents Strzok and Pientka did not to show General Flynn the transcript of his calls to refresh his recollection, nor did they confront him directly if he did not remember, exposes this plot as a contrived scenario to entrap Michael Flynn rather than a legitimate, legally founded investigation.

In fact, as noted by Sidney Powell, "the FBI and DOJ wrote an internal memo dated January 30, 2017, exonerating Mr. Flynn of acting as an “agent of Russia;” and, they all knew there was no Logan Act violation."

But the malfeasance and misconduct of the FBI continued with the manipulation of the 302. "A FD-302 form is used by FBI agents to "report or summarize the interviews that they conduct"[3][4] and contains information from the notes taken during the interview by the non-primary agent."

The notes taken by Agents Strzok and Pientka during their interview of Michael Flynn are damning for the FBI. These notes are Exhibits 9 and 10 in the sur sureply filed by Sidney Powell on 1 November 2019. (I wrote recently on the fact that the FBI/DOJ mislabeled the notes from this interview--see here). Neither Strzok nor Pientka recorded any observation that Flynn lied about his contacts with Kislyak. Neither wrote down anything supporting the indictment by the Mueller crowd that "Flynn lied." To the contrary, Strzok swore under oath that he did not believe Flynn was lying.

The real problem for the Government's fraudulent case against Flynn are the 302s. There should only be one 302. Not at least four versions. The FBI protocol is to enter the 302 into the FBI Sentinel system within five days of the interview. In other words, the original 302 should have been put on the record on the 29th of January. But that original 302 is MISSING. The prosecutors claim they cannot find it.

But the prosecutors finally did provide the defense, after repeated requests, multiple copies of 302s. They  dated as follows--10 February 2017, 11 February 2017. 14 February 2017 and 15 February 2017. WTF??? This alone is prima facie evidence that something crooked was afoot.

The final 302--dated 15 February 2017--painted General Flynn in the worst possible light. The "facts" of this 302 are not supported by the notes taken by Agents Strzok and Pientka. The conclusion is simple--the FBI fabricated a case against General Flynn. We now wait to see if Judge Sullivan will acknowledge this crooked conduct and exonerate the good General. Justice demands it.

These are not my facts. They are the facts based on documents submitted on the record to Judge Sullivan. I find it shocking that no journalist has had the energy or interest to cover this. Just one more reminder of the putrid state of journalism and investigative reporting. The charges levied against General Flynn by the Mueller prosecutors are without foundation. That is the stark conclusion facing any honest reader of the documents/exhibits uncovered by the Honey Badger. This kind of conduct by the FBI is just one more proof to support Colonel Lang's wise observation that this institution, along with the CIA, should be burned to the ground and new institutions erected in their stead that are committed to upholding the Constitution and preserving the rights of the individual.

 

Comments

[Flavius]

General Flynn was the National Security Advisor to the President. Among his duties he would be expected to talk with foreign officials, including Russians, perhaps especially Russians. My question is what was the predicating evidence that gave rise to opening a criminal case with Flynn as the subject at all. What was the substantive violation; and why was there a need to convene a meeting of high level Bureau official to discuss an ambush interview. What was there to talk about in this meeting? My suspicion is that they expected, or hoped, at the outset to leverage Flynn against Trump which makes the scheme worse, much worse

[Don Schmeling]

Poor George Popadopoulos, also "bright, but not profoundly sophisticated.", also had lawyers who rolled over to the FBI.

If you read George's book, "Deep State Target: How I Got Caught in the Crosshairs of the Plot to Bring Down President Trump", the methods used on Flynn sound familiar.

Since George only served two weeks, I wonder if it would be worth while for him to tackle the FBI again?

PS When the FBI says you are not "sophisticated", does that mean that they view you as easy to trick?

Thank you Mr. Johnson for your work.

[Factotum]

Papadopolis signed "confession" equally odd: string of disconnected facts topped off with what appears almost to be an added "conclusion" allegedly based on these irrelevant string of factual statements that damn him into eternity as well.

Was the conclusionary" confession" added later, or was it shoved in front of him to sign as a unwitting last minute alteration to a previously agreed set of facts is pror statements he had already agreed were true? Just me, but when I read this "confession some time ago, it simply did not pass the smell test.

The signed "confession: basically appeared to be accusing Papadopolus and by extension the Trump campaign of violating the Logan Act - violating Obama's exclusive right to conduct foreign policy.

(A SCHIFF PARAPHRAse)
Yes I was in Russia
Yes, I ate pork chops for dinner
Yes. I endeavored to meet with Russian individuals
Etc - benign
Etc - benign
Confession - al of the above are true
Kicker: Final Statement I INTENTIONALLY MET WITH TOP LEVEL RUSSIAN GOVERNMENT AGENTS TO DISCUSS US FOREIGN POLICY

[jjc]

Papadopoulos' "lies" rest on subjective interpretation. For instance, one of the "lies" consist of a referral to Mifsud as "a nobody". A second "lie" is based on when he officially joined the Trump campaign: George P says it was when he first went to Washington and attended a campaign meeting, while the indictment says no it was when he participated in the phone call which invited him on board (a difference of a couple of weeks). It is very very thin gruel.

[akaPatience]

Re: predicate - IIRC, this is where the work of the FBI/CIA "ratfucker" Stefan Halper was instrumental, having propagated the bogus claim that scholar Svetlana Lokhova was a Russian agent with whom Gen. Flynn was having a sexual relationship.

[walrus]

I wonder if SST is missing the bigger picture.

If the evidence provided by the defence in the Flynn case is even only a partial example of the capabilities and proclivities of the FBI, then how many other poor schmucks have been convicted and jailed unjustly at the hands of this organisation?

The answer, given the size of the organisation must be : “thousands”. The remedy is obvious and compelling if you want to remain something like a first world democracy.

[turcopolier]

walrus

I have said repeatedly that I saw both the FBI and DoJ prosecutors railroad defendants. That is why I stopped consulting for the courts.

[Dr. George W Oprisko]

In my experience in the US armed forces.... having a top secret crypto clearance...

And later.... as a federal investigator...

I distinctly remember that conversations between the White house, particularly the president and his national security chief are "top secret -- eyes only for the president"

So.....

Why did FLynn not have the Secret Service Detail arrest Sztrok and company on the spot for violating US security CFRs by knowing such conversations took place and knowing the contents thereof with out appropriate security clearances??

And......

Why does'nt Trump have the AG charge them?

INDY

[Factotum]

What set Brennan's hair on fire that instigated Brennan's secret memo to Obama who in turn created and authorized this multi-nation, IC secret surveillance and entrapment operation?

When will we learn why Samantha Powers demanded hundreds of FISA unmasking requests during the final hours of the Obama administration, after the election but before before the inauguration of Donald J Trump as the 45th President of the United States of America.

Why have Joseph Mifsud and Crowdstrike, yet again, disappeared from media interest.

[Factotum]

Dennis Prager has a taped interview with Svetlana Lokhova linked on Red State.

[Hindsight Observer]

How many others have there been? The genesis of the USA v Flynn, was a CIA-FBI hybrid. An international Co-Intel operation, aimed at targeting Donald Trump. As such "the Case" was initiated from the top down, under the secrecy of a T/S Counter-Intelligence operation.

These are not the normal beginnings of a Criminal matter. Which originates with a filed criminal Complaint, from the ground-up.

In short all of the checks and balances our federal statutes mandate. Steps where AUSA's, Bureau ASAC's and District Judges must review and approve. Even before convening a GJ. Were intentionally overridden or perjured by a select society of the highest officials inside DoJ. As such there were no higher authorities nor any of the Higher Loyalty for Jim Comey to seek his resolution from.

That is not the normal investigative process. This was a deliberate criminal act to target an innocent man (actually several innocent men). As such IMO, the associated political pressure, all of which was self-inflicted. Was the force which brought about the criminality on the part of Comey, McCabe, et al.

So, FWIW, you don't see those levels of personal involvement in criminal investigations. The classic, where the murder victim's brother is the town Sheriff. Hence you don't see cases of innocent people being dragged off to the Dungeons. Certainly not intentionally and not in the thousands, anyway.

[Fred]

Walrus,

Lots of them (not all or most politicians), which has been a generations long complaint of African Americans.

[blue peacock]

"Why did FLynn not have the Secret Service Detail arrest Sztrok and company on the spot for violating US security CFRs.."

Many things about Spygate have puzzled me. The response by Trump after becoming POTUS to all the machinations by Brennan, Clapper, Comey, Rosenstein, et al has been baffling. It is like he does not understand the powers of his office. And after he learned about the covert action action against his campaign and him, to then staff his administration with folks who were in cahoots with the putschists is frankly bizarre.

Does anyone have any explanation for the actions or inactions of Trump & Flynn?

[Factotum]

On another blog, a commenter claimed Flynn was going to program audit the entire IC - money spent and results obtained.

So instead of Flynn burning the agency down, they did just the opposite and got to him first. Just like Sen Schumer warned Trump: don't take on the IC, because they have six ways against Sunday to take you down.

Maybe Flynn' s alleged post-inauguration audit plans is what triggered Brennan to get Obama to secretly keep his eyes on Flynn - maybe that was the second tier secret access they wanted, not necessarily Trump himself?

Survival in DC is existential - my own in-house observation during the Watergate years.

[Hindsight Observer]

Under the caption, "Nobody does it better" this explanation from Defense Counsel Powell's 04NOV19 Filing, pg 3 para 2

"The government has known since prior to January 24, 2017, that it intended to target Mr. Flynn for federal prosecution. That is why the entire investigation” of him was created at least as early as summer 2016 and pursued despite the absence of a legitimate basis. That is why Peter Strzok texted Lisa Page on January 10, 2017: “Sitting with Bill watching CNN. A TON more out. .
. We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.” 3 The word “pretext” is key. Thinking he was communicating secretly only with his paramour before their illicit relationship and extreme bias were revealed to the world, Strzok let the cat out of the bag as to what the FBI was up to. Try as he might, Mr. Van Grack cannot stuff that cat back into that bag.4

Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go. On Dec. 19, 2017, McCabe told the House Intelligence Committee in sworn testimony: “[T]he conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements that he made in the interview . . . the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.”

McCabe proceeded to admit to the Committee that “the two people who interviewed [Flynn] didn’t think he was lying, [which] was not [a] great beginning of a false statement case.” Ex. 1.
_____________
What's the saying? "Not much ambiguity there?"

[Hindsight Observer]

I believe it was because the FBI was intentionally lying about their authority to monitor the Flynn-Kysliak conversation. Claiming they were not monitoring the WH, rather they were monitoring the Russian Ambassador and LTG Flynn was merely, Caught-up in that conversation. Which at the time, was a good-enough-story. But recent disclosures seem to prove the 2 Agents along with Comey, McCabe as well as AAG Sally Yates. All knew at the time of their "Pretext" was establishing a Perjury Trap for the new NSA.

[fanto]

Why oh why, certain persons disappear from media interest? Why for example, did Ghislaine Maxwell disappear from media? Is she not involved in lawsuits? Do courts not know where she is now? The all-knowing Wikipedia English - does not know (as of today, I checked). The answer to all these troubling questions is in the comments to the Colonels piece on John Hannah. Am I becoming paranoid perhaps.?

[Factotum]

If the media continues endlessly about the Ukraine phone call, the quid pro quo yet fails to mention Crowdstrike "favor" in the same article, something is fishy. The phone call story did not drop out of sight; just a very salient detail. In fact the substance of the phone call is the story- and what Democrats are calling grounds for impeachment. Yet NO mention of the Crowdstrike favor. I find this odd. Don't you?

[Hindsight Observer]

The reports I've read tell of a long and sorted history between LTG Flynn, John Brennan, DNI Clapper and Obama. Some of the stories did remind me of the SST suggestion to, "Burn it all down". The General also supported this idea that DoD, should be the lead agency in the IC and CA. Since must of their modern day activity, does tend to be kinetic...

So LTG Flynn has made enemies in the Obama administration, CIA and DNI.

However, IMO the far more telling issue of the depths of IC's Coup effort. Are the exploits of Halper, Mifsud, MI6-CIA link. Which began back in 2015. This gives the impression, Flynn was being targeted for career destruction. Solely as retaliation for his departure from the Obama Administration, coupled with Flynn's open opposition to policies of Obama-Brennan (Iran-Syria-Libya). This took place way before he agreed to the NSA post with President Trump.

Then there's also LTG Flynn's direct rebuttal of DDFBI Andy McCabe. Seems McCabe was involved in a Bureau OPR dust-up over sexual harassment allegations. The female SA worked CT and was an acquaintance of Gen Flynn's. Flynn then made a public statement of support for the Agent. Which was reported to have angered Andy. Sydney Powell, suggests that McCabe was overhead to have said words to the effect or, First we F--- Flynn, then we F--- Trump. During one of his 7th floor, Secret Society meetings.

Again all of this happened, before General Flynn was Candidate Trump's NSA Designee. So the Six ways to Sunday, warning does resonate re: LTG Flynn as well.

[Factotum]

Finally, on Nov 9, 2029 American Thinker in an article about Nancy Pelosi attempts at damage control, someone in the media actually mentions Crowdstrike and the alleged " DNChacking"

........ "CrowdStrike, the cyber-security company that is involved in all this over and over again, is a an American company founded by a Ukrainian, Dmitri Alperovitch, who is extremely anti-Russia and who delights in implicating Russia in the DNC hacking event that probably did not happen......"

Read more: https://www.americanthinker.com/blog/2019/11/is_pelosi_finally_sick_of_the_terrible_damage_schiff_is_doing_to_her_party.html#ixzz64r2Sctrw
Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

[jd hawkins]

Not paranoia if it's true!

[Flavius]

There was a simpler time when even the least accomplished FBI Agent would have known enough to ask Mr Halper for the circumstantial details as to how he acquired the news that Flynn had any relationship at all with Lokhova, let alone a sexual relationship, who told him, how did he know, why was he telling him, when, etc. The same questions should have been resolved with respect to Lokhova before entertaining a conclusion that she was a Russian Agent of some sort. Finally, even if the allegation against Flynn had been true, which had not been established, and the allegation against Lokhova had been true, which as far as I know had not been established, the Agents should have laid those cards before Flynn from the outset as the reason he was being interviewed. If during the course of the interview he became suspect of having done something illegal, he should have been told what it was and given all his rights, including the right to an attorney. If the Agents suspected he was lying in matters of such significant import that he would be charged for lying, they should have been given a specific warning that lying was a prosecutable offense. That would have been playing it down the middle. Since none of this appears to have been done, the question is why not. The leading suspicion is that the carefully considered intent was to take down Flynn by any means necessary to advance another purpose.

[joekowalski98]

"Does anyone have any explanation for the actions or inactions of Trump & Flynn?"

I have no comment relative to Flynn, but, in regards to Trump, IMO, Trump is stupid.

First, a little background. I did vote for Trump. I did have an hatred for national politics ever since the Cheney "presidency". In that period, I was a dissident with a very minor voice. But, I did study, as best as I could, the Bush (Cheney) and the Obama presidency. It was reasonably clear that president's. didn't count. IMO the real power lay with: a handful of Senate leaders, the CIA, the bureaucracy, and the powerful families that controlled the major multi-national corporations, such as, Exxon Mobile. The preceding constituted a powerful oligarchy that controlled the U.S. A dictatorship of sorts.

Trump had two major objectives for his presidency: MAGA and "drain the swamp". I concurred with both objectives. After six months of the Trump presidency, and after observing his choice of appointments and his actions, I concluded that he was a high school baseball player trying to compete with the major leagues. He didn't know what he was doing (and, still doesn't).

At that time, I concluded that if Trump really wanted to install MAGA and "drain the swamp" he should have concluded way before putting his hat in the ring, that the only way to accomplish his objective was to foster a coup after becoming president. Prior to his presidency, he would had to select a team which would be his appointees and develop a plan. After becoming president, he would have to ignore Congress and put his people in place including in the DOD. The team would stay in control regardless of Congress' views.

Of course, this is a dictatorship, but is this any less obnoxious to our current oligarchs dictatorship.

Does anyone have a better solution?

[Larry Johnson]

You're not wrong in criticizing Trump's personnel choices and inaction. When he entered office he was warned about the SES/SIS holdovers and the need to get his own people in place. He ignored that advice and is suffering the consequences. Trump played a character on TV of being a shrewd, tough judge of talent and ability. In reality, he is a bit of a goofball.

That said, his basic policy positions are solid with respect to putting America first, enforcing immigration laws, and disengaging from the foreign adventurism that has defined US foreign policy for the last 75 years.

My hope is that he now finally recognizes the threat.

[Factotum]

Democrat's politics of personal destruction made it virtually impossible for Trump to hire or appoint the requisite people for the task you described. RINO's wouldn't touch him and Democrats were hell bent for revenge at any costs.

Amazing he did as well as he has done so far - considering his election was so toxic to any possible insiders who could have offered the necessary experience to warn him where the third rails were located.

Give him another four years and full control of GOP House and Senate back - this country needs his energy and resoluteness to finally get the real work done. Patriots at every level need to apply for appointed positions.

BTW: I was a rabid no-Trumper up to election night. Then Trump became my President. I have not looked back.