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:
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.
Draining the Swamp can't be accomplished by hiring within the beltway or hiring any long-term Democrat or Republican operative including members of Congress.
Trump should have recognized when he learned that his transition team was being spied on that he had to hire people who believed in his agenda and had no ties to the Swamp.
By hiring folks like Haley, Pompeo, Bolton, Coats, Rosenstein, Wray, etc and not cleaning house by firing entire swathes of the bureaucracy and then not using the powers of his office to declassify but instead passing the buck on to Rosenstein, Sessions and Barr and only tweeting witch hunt he has enabled the Swamp to run circles around him.
IMO, he is where he is because of his inability to put together a coherent team that believes in his agenda and is willing to fight the Swamp with everything thy've got.
Posted by: blue peacock | 10 November 2019 at 03:45 PM
I prefer thinking of Donald Trump as a World Wrestling Entertainment Hall of Famer as it fits the context of what we are seeing more precise. Staged drama, personality pitted against personality, all a great spectacle.
If it makes the denizens of DC fall on their fainting couches with the image all the better.
Isn't Donald Trump suffering the same problem Jimmy Carter had that as a DC outsider he isn't able hire talent and the establishment has made it clear that a position in the Trump administration is a career killer?
Posted by: SAC Brat | 10 November 2019 at 07:34 PM
There are two separate issues: The Russian-Flynn Spying connection was established in London back in 2015. IMO using Halper as an echo-chamber for Brennan's collusion fabrications. LTG Flynn at that time was being set-up, for a retaliatory career strike(TS Clearance issues, I submit).
The Flynn Perjury case was made in Jan 17 in DC, by the Secret Society, Comey, McCabe, Yates, Strozk and the unwitting, SA Joe Pientka (hopefully). This trap was drafted by Comey, specifically to take advantage of the newly elected President's inexperienced Cabinet, the WH in-chaos. Chaos reportedly generated by a well timed Leak to the media. Which suggested that LTG Flynn had Lied to VP Pence.
This FBI leak, now had the WH in a tail spin. Given the collusion beliefs at that time, had VP Pence admitted that acting NSA Flynn, did in fact speak with the Russian Kislyak re: Sanctions. The media would've screamed, the call demonstrated Russian Collusion.
Since VP Pence stated, he did not know that NSA Flynn had discussed the Sanctions with Kislyak. The media created the image that Flynn had lied to the VP...
This was the "Pretext" which Defense Council Powell referred to. This is the opportune moment, at which Comey sprang and later bragged about. Stating publicly that he took advantage of a inexperienced Trump oval office in turmoil. Claiming he decided "Screw IT" I'll send two agents in to question Flynn.
Without going through FBI-WH protocols. Because Comey knew that protocols would alert the entire WH Staff. Making the FBI's hopes for a Perjury Trap against NSA Flynn, impossible.
Accordingly, AAG Yates and McCabe then both set the stage, with calls to WH Counsel McGahn. Where they threatened charges against Flynn under the nonexistent "1799" Logan Act. As well as suggesting that Flynn was now vulnerable to Extortion by Russian agents. Since the Russians knew he had lied to the VP.
As Powell points out, by 24JAN17, the date of the Flynn interview. The entire world, knew Flynn had Lied. Making the extortion threat rather bogus. In fact reports stated, at that time even WHC McGahn had asked either Yates or McCabe (don't recall which). Why would the FBI give a damn, what the NSA had told the VP? However the Bureau persisted and they won out. McGahn is reported to have told Flynn, that he should sit down with these two FBI agents...
Once Flynn sat down and gave a statement. FWIW, I think Andy McCabe was going to find a Flynn misstatement or create one. Sufficient to justify the 1001 charge. It appears as though McCabe took the later option and simply Created one.
Posted by: Hindsight Observer | 10 November 2019 at 11:18 PM
@joekovalski98: Pres. Trump came into office being very familiar with the intelligence operation against him.
Enter Admiral (ret) Mike Rogers who travelled secretly without approval by Clapper to brief the president of the spy operation.
Trump immediately move his administration to NJ.
Rogers and Flynn go back many years as Rogers was a protégé of Flynn. They both extensively informed president Trump.
"Drain the swamp" is en-route carried out partially by our military and Flynn's former DIA.
The stage was set and president Trump kept the left distracted via twitter while the operation is underway between our military, white hats and their allies abroad.
Mifsud was arrested by the Italian intelligence agents 3 days ago and brought back to Rome.
Trump is a long way from stupid - he has so far managed via twitter and his orthodox ways for the deep state to unmask themselves. Hiring enemies at times is a way to confuse those that try to destroy you.
"The Art of War" by Sun Tzu is Trump's methods.
Posted by: cali | 11 November 2019 at 07:42 AM
Mifsud's arrest could be key to unraveling or should I say, the Unmasking of. Rather large amounts of fraudulent intelligence that was laundered through the FISA Warrant Application process.
The AG reportedly now has Mifsud's Cellphones (2), which coupled with Mifsud's interview statements, if not his direct cooperation. Should reveal the CIA and/or SA Strozk, were responsible for providing Mifsud with the false Intelligence. Which he then fed into their Warrant Apps, through the person of George Papadopoulos.
Which in turn, could establish that Mifsud was never the alleged Russian Agent linked to Putin. But rather a western intelligence asset, linked to Brennan. Thus destroying the obvious Defensive strategy of Brennan, Comey and McCabe. Specifically the vaunted, "Hey who knew the intelligence was bad? I was just doing my JOB!
Certainly hope the reports are accurate...
Posted by: Hindsight Observer | 11 November 2019 at 10:30 AM
Excellent summation.
My question is does some combination of incompetence and bubblethink naivete explain how at the outset they could have gone all in on the Brennan/Halper information or did they just cynically exploit the opportunity that had been manufactured in order to take it to the next level -Trump. Taking it to the next level appears to be what drove the Papadopolis case where similar procedural abuses occurred.
Posted by: Flavius | 11 November 2019 at 11:04 AM
As an atty with 35+ years experience, I have been doubtful as to the probability of Flynn being allowed to withdraw a voluntary plea, regardless of the extraordinary work of Ms. Powell (pbuh). However, when the material was recently releases showing that he had made the plea under the advice of counsel who had a serious conflict of interest, I changed my mind.
Mark my words: Flynn will be allowed to withdraw the plea not because of the obvious prosecutorial chicanery but because of this conflict. The misconduct may allow the recovery of his defense costs from the government. The conflict of interest will be grounds for a massive malpractice claim against the prior counsel.
Posted by: Strelnikov | 12 November 2019 at 02:23 PM