Does Flynn Case Go Back to Sullivan?

by Daveda Gruber

Many have been waiting for the case against General Michael Flynn to end and be resolved. It doesn’t look like that is happening at this time.

In an eight to two decision the D.C. Circuit Court of Appeals ruled D.C. District Court Judge Emmet Sullivan doesn’t have to grant prosecutors’ motion to dismiss the criminal case against the former national security adviser.

The full court, minus Gregory Katsas, who recused himself, reversed the decision in an en banc review of a three-judge panel, which had issued a writ of mandamus ordering Sullivan to throw out the case.

Flynn and his attorneys, led by Sidney Powell, had argued that Sullivan overstepped his authority by appointing a third-party amicus curiae (friend of the court) to argue against dismissal. Flynn, with his attorneys, and the Justice Department agreed to dispose of the case.

The court wrote an opinion that said, “Quite simply, the only separation-of-powers question we must answer at this juncture is whether the appointment of an amicus and the scheduling of briefing and argument is a clearly, indisputably impermissible intrusion upon Executive authority, because that is all that the District Judge has ordered at this point.”

The opinion continues, “We have no trouble answering that question in the negative, because precedent and experience have recognized the authority of courts to appoint an amicus to assist their decision-making in similar circumstances, including in criminal cases and even when the movant is the government.”

Flynn’s legal team argued that in the vast majority of cases that it is a mere formality and this case did not warrant being the rare exception where a judge needed to step in for further review.

Dismissals are, by rule, done “leave of court.”

Judge Karen Henderson stated that Sullivan should have been disqualified from the case because his “conduct patently draws his impartiality into question.”

Also, Judge Neomi Rao argued that Sullivan is acting improperly because “it is long settled that a district court cannot supervise the prosecutorial decisions of the Executive Branch.”

Federal prosecutors had moved to dismiss Flynn’s case. He had previously pleaded guilty to providing false statements to the FBI.

FBI records questioned the circumstances surrounding Flynn’s interview with investigators.

The DOJ was criticized by Democrats for giving Flynn unusual and improperly kind treatment due to his connection to President Trump.

So now the case goes back to Sullivan. He will probably hear oral arguments from the DOJ.

Thankfully, the DOJ is in favor of dismissal but then retired Judge John Gleeson, who was appointed as amicus, has already filed a brief opposing dismissal.

I’ve written many articles that pertain to Flynn but in one of the last ones that I wrote that includes the positive aspects that might help dismiss the case, I reminded my readers that Sullivan still had the last word and that people should not jump to the conclusion that Flynn was now free.

The General and his supporters are still left dangling waiting for an end to this miscarriage of justice brought about by corrupt FBI and government officials up to the highest level.

Remember my words, “We have a two tier system.”

 

Do New Strzok Notes Given to Flynn Lawyer Exonerate Flynn?

by Daveda Gruber:

Former fired FBI agent Peter Strzok penned notes and they have been turned over to Sydney Powell and the legal team of General Michael Flynn.

The former national security adviser, Flynn, is still involved and his freedom at stake in the ongoing case against him.

FOX News claims that Powell has stated that the documents further exonerate Flynn.

A notice of discovery correspondence between acting U.S. Attorney Michael Sherwin and the U.S. District Court for the District of Columbia on Tuesday, along with a letter from Sherwin to Powell and Flynn attorney Jesse Binnall was obtained by FOX News.

According to FOX News, Sherwin and assistant U.S. Attorney Jocelyn Ballantine wrote, “As we have previously disclosed, beginning in January 2020, the United States Attorney for the Eastern District of Missouri [EDMO] has been conducting a review of the Michael T. Flynn investigation. The enclosed document was obtained and analyzed by USA EDMO during the course of its review.”

They went on to write, “This page of notes was taken by former Deputy Assistant Director Peter Strzok. While the page itself is undated; we believe that the notes were taken in early January 2017, possibly between January 3 and January 5. These materials are covered by the Protective Order entered by the Court on February 21, 2018; additional documents may be forthcoming.”

The contents of the documents could not be disclosed because of a protective order but there are two hand written pages and they are heavily redacted.

Justice Department (DOJ) and Flynn’s lawyers continue to fight to try to get the case against him dismissed before a judge who is considering it.

Last month the Justice Department made a move to drop its case against Flynn. that decision was made after a considered review of all the facts and circumstances of this case. That included newly discovered and disclosed information pertaining to the case.

DOJ officials have said that they concluded that Flynn’s interview by the FBI was not tethered to, and unjustified by, the FBI’s counterintelligence investigation into Flynn.

It is also alleged that the interview was conducted without any legitimate investigative basis.

On January 22, 2017, Flynn was sworn in as the National Security Advisor.

On February 13, 2017, he resigned after information surfaced that he had misled the FBI and Vice President Mike Pence about the nature and content of his communications with Russian Ambassador to the U.S. Sergey Kislyak.

On May 22, 2017, Flynn rejects an order to hand over documents.

Invoking his right against self-incrimination, Flynn declined to comply with a Senate subpoena of emails and other records related to any dealings with Russians, as part of the Senate Intelligence Committee’s investigation into Russian interference in the 2016 election

Flynn enters a plea deal with Special Counsel Robert Mueller.

Then between December 1, 2017 and December 4, 2018, Flynn participates in nineteen interviews with lawyers from the special counsel’s office or the Department of Justice.

That leads to injustice at its peak in the prosecution of Flynn.

U.S. Attorney for the Eastern District of Missouri Jeff Jensen said in a statement last month, “Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed.”

The case still rests with the federal judge who is overseeing the case. That judge would have to make the final determination to dismiss it.

The wheels of justice move rather slowly.

Through investigating on my own, I’ve come to determine that Flynn was set up by the FBI.

It is difficult to imagine what Flynn and his family have gone through since certain people within the FBI sunk their viscous teeth into the General  who had a distinguished 33-year Army career that included top-level intelligence posts and promotion to the rank of three-star general.

I pray this new evidence, now fully reviewed by Powell, has some information that will lead to the exoneration of Flynn once and for all.

Will Flynn be Exonerated?

by Daveda Gruber:

General Michael Flynn’s legal team have documents that were finally turned over to them has led to rumors that Flynn may be exonerated.

Supposedly, exculpatory evidence had not been disclosed before the new documents were released.

Flynn had pleaded guilty to providing false statements to investigators regarding his contact with a Russian ambassador. He now claims that he is innocent.

The sixty-one year old Flynn had not been on Twitter recently but tweeted out some very interesting information on April 24th.

Flynn tweeted:

The tweet showed a court filing that confirms that he has claimed that he did not lie. It also claims that FBI agents stated that they believed him during an interview which was conducted when James Comey was still at the helm of the Federal Bureau of Investigation.

In the sworn declaration, Flynn said, “I am innocent of this crime.”

He explains in the declaration that he was under pressure from the possibility that his son could face charges. Flynn also claims that he received advice from his previous counsel, which led him to plead guilty.

Maria Bartiromo from FOX News tweeted Sunday evening that according to sources, Flynn “will be completely exonerated this week.”

Bartiromo tweeted:

Flynn’s attorney,  tweeted this:

It was reported by The Federalist that, according to an FBI source, that material does include exculpatory evidence.

It was also reported by The Daily Caller that they had a source who allegedly reported that current FBI Director Chris Wray had tried to keep the information from getting out. Wray’s office and the Justice Department have categorically rejected that claim.

DOJ Spokeswoman Kerri Kupec said in a statement, “The assertion that Director Wray pushed to withhold exculpatory evidence in the Michael Flynn case is 100% false. To the contrary, the Director has been nothing but cooperative throughout this process.”

The guilty plea from Flynn was one of the first convictions that resulted from the Russian investigation by former Special Counsel Robert Mueller.

Barbara Flynn, who is the Sister Of General Mike Flynn, tweeted this:

I cannot judge what went down because I was not there to witness it happen first hand but I do know that Flynn supported the Trump Presidency and it is quite apparent that those who did were targeted by the previous administration.

The fact that the Mueller investigation was allowed to go on for so long without any Russian collusion being found shows me that we all witnessed a witch-hunt that ruined the lives of a number of people who supported Trump and that includes Flynn.