The Return of Mike Flynn
Updated: Dec 1, 2019
Respectfully dedicated to
Judge Emmet Sullivan has agreed to a request by the prosecutors to "abate" (suspend) schedule of the trial pending release of the IG report on December 9th.
Here is a definition of a "motion to abate", and some excerpts from the document filed by the prosecutors.
So I took advantage of the pause in this fast-moving subject to make yet another update - and tell you why I think the Good General is about to come back in a spectacular fashion.
I also want to tell you why I think bad players fired from FBI/DOJ are about to suffer a tremendous blow.
Let's begin with the latest, blistering court document filed from
"MR. FLYNN’S SUR-SURREPLY IN SUPPORT OF HIS MOTION TO COMPEL PRODUCTION OF BRADY MATERIAL AND FOR AN ORDER TO SHOW CAUSE."
At the center of the prosecutorial misdeeds highlighted by Ms. Powell is the withholding of 'Brady material' a.k.a. exculpatory evidence.
"According to the government, it had no obligation to produce (...) Brady evidence before Mr. Flynn pleaded guilty—because he was not a defendant (...). And, no obligation to produce its cache after he pleaded guilty—well . . . because his guilty plea erased its obligation."
"Mr. Van Grack told counsel that he didn't have an ethical or legal obligation to produce anything pre-plea, and then post-plea he's maintained that he has no obligation to produce it because he pled guilty."
Powell has a way of expressing her indignation with a touch of humor.
"So I'm trying to figure out how the government conceives of its Brady obligation in this case, because it seems to be that it doesn't have one.”
There is a real danger that this misconduct may be becoming the norm.
"If accepted, the government’s approach would allow endless manipulation (...): target individuals, run search warrants, seize devices, interrogate for days, threaten family members, cajole, but never charge until the clock strikes midnight once a plea is extracted."
"Perhaps even more significantly, the government’s position wholly ignores this Court’s Standing Order, which not only has no such timing requirements, but is issued for the precise purpose of eliminating the games the government played here."
This is the reason why Ms. Powell has requested that Judge Sullivan rule on the apparent contempt of court by the prosecutors.
"Mr. Van Grack finally admits he recognized a serious conflict of interest between Mr. Flynn and the counsel who prepared his FARA filing."
"[T]he conflict was non-consentable, which meant that even if former counsel had fully disclosed and explained the risks associated with the conflict, Flynn could not agree to waive it."
"The government has stonewalled against producing so much as a single document the government itself identified as exculpatory but provided only heavily redacted or in meager “summary.”
"It is all this conduct [of the prosecution] that demonstrates contempt for this Court’s Order."
This excerpt is a most damning account of just how badly framed General Flynn was.
"Nor was there “an extraordinary reversal” pursuant to which Mr. Flynn claims he is innocent. At no time did new, conflict-free counsel affirm the validity of Mr. Flynn’s guilty plea", continues Ms Powell.
"Rather, as a matter of procedure, counsel advised the Court that we anticipated seeking dismissal rather than withdrawal. Nothing we have found in the law requires a defendant to withdraw his guilty plea rather than seek dismissal for egregious government misconduct."
Former Deputy Director Andrew McCabe "admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go".
"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.”
"The 'poor start'", continues Powell's court document, "further reveals Mr. McCabe’s determination to create a case despite the agents’ belief Mr. Flynn was telling the truth."
"Having such concrete evidence as to the prosecution’s thinking processes is rare; having it in text messages and sworn congressional testimony is priceless."
This late October document raises the question of the FD302's that would explode soon after.
"The government attempts to gloss over the existence of at least one earlier draft of the Flynn 302, then asks this Court to leap blindly to the conclusion that if it did exist, it contained the same information as the government has already deigned to produce."
There's the question of the notes of the agents who first interviewed Flynn. That was ALSO about to explode.
"The Notes Do Not Support the Factual Basis for the Plea".
"Ironically, neither the Court nor defense counsel even knows what differences exist between what Mr. Flynn told the agents and the actual recordings of the calls to Ambassador Kislyak, (…) as neither defense counsel nor the Court has ever heard the calls".
"As the agents themselves realized when they spoke to him, he may have been wrong, but he was honest to the best of his recollection at the time."
"The notes do not say that he made any false statement at all".
Comey at House Select Committee on Intelligence: “the agents . . . discerned no physical indications of deception. They didn’t see any change in posture, in tone, in inflection, in eye contact. They saw nothing that indicated to them that he knew he was lying to them.”
One of the most shocking discoveries by Defense is: "There Were Material Changes Made in the 302 Overnight on February 10, 2017."
Read the original doc in this link: https://courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.129.14.pdf
"We know that on February 10, 2017, McCabe and possibly Strzok went to the White House to visit Vice President Pence. Then news broke asserting that Mr. Flynn had lied to the Vice President and others about his calls with Ambassador Kislyak."
That same night, Lisa Page texted Peter Strzok: “[Y]ou need to finalize that asap. I wouldn’t be surprised if following this evening’s events that a request comes in to see it.”
"Strzok replied: “I’m going back in tonight to do so.”
"Page then told Strzok that she “gave my edits to Bill to put on your desk.”
"The interview, by “pretext,” was purely to “start” a “false statement case” as McCabe admitted in his congressional testimony."
"Nothing the agents asked Mr. Flynn on January 24 was material to any valid investigation, and because the agents and Mr. Flynn knew they had the transcripts, recordings, and knew exactly what was said, nothing impeded their purported investigation".
"To obtain the plea, [the Government] threatened Mr. Flynn with indictment the next day, the indictment of his son who had a new baby, promised him "the Manafort treatment…”
"…and promised to pile on charges sufficient to put him in prison the rest of his life."
"By the time of the sentencing hearing before this Court in December 2018, it was simply impossible for the Court to unearth the seriousness of conflict of interest."
"The normal plea colloquy was insufficient to alert this Court to the problem, and Mr. Flynn did not know what Mr. Flynn did not know."
The motion by Powell concludes with the statement that Defense will ask the court to "dismiss the prosecution for egregious government misconduct and in the interest of justice"
Since the defense's explosive motion, the prosecution was forced to admit that ***they had confused which notes belonged to which agents***.
It's one more reason for the Government to hand over all exculpatory evidence. who knows what else they messed up?
James Gagliano, an ex-FBI agent and CNN contributor, wrote an excellent article that reflects how this new evidence affects the understanding of this case.
"FBI agents transfer handwritten interview notes onto a formal testimonial document, FD-302, within five days of conducting an interview, while recollections are still fresh."
Gagliano is clear: "It is unheard of for someone not actually on the interview itself to materially alter an FD-302."
"As an FBI agent, no one in my chain of command ever directed me to alter consequential wording. And as a longtime FBI supervisor, I never ever directed an agent to recollect something different from what they discerned during an interview."
"As in most instances in life, words matter. The change in wording was instrumental in moving Flynn from a target to a subject."
"What followed was a “tweaking” of the accounting to ensure Flynn be charged with Title 18 USC § 1001 – something I have long argued was never charged by any U.S. Attorney’s Office during my time serving in the FBI unless we wanted to threaten it and employ as leverage."
Mr. Gagliano then issues a retraction like real journalists do when they are wrong.
So, now, everything waits on the OIG report on December 9th, that should bring light into Spygate and the framing of Flynn.
And the OIG will most likely bring a TON of Brady Material for the trial.
Brian Cates reminds us that OIG will show that Flynn was targeted because of an illegal leak and unmasking of his call to Russian Ambassador.
To begin with, the whole interview was just an entrapment move.
Meanwhile, another bad player in the Flynn investigation, and SES deep-state operative embedded in the DoD is now under investigation.
The misconduct by hot-head Van Grack is also being brought to the spotlight.
This sensational @Techno_Fog thread lets us have a good idea to the extent of his misdeeds.
Here is how they used his son to force his guilty plea:
With all this evidence coming forward, it now does seem increasingly likely that Judge Emmett Sullivan will end up dismissing this ridiculous prosecution.
And THAT would unleash 'The Flynn'. 💥
(cue in heroic music)
Q drop 260 - December 5th, 2017: one of the most solemn promises ever made to Anons.
"Who knows where the bodies are buried?
Flynn is safe.
We protect our patriots."
Slowly, but surely, his exoneration is becoming inevitable. We are about to see
T H E
R E T U R N
M I K E F L Y N N
Q drop 953 - March 17th, 2018.
Here Q clearly promises he will be cleared, and hints at a position in POTUS' second administration.
"CLEARED OF ALL CHARGES.
TRUMP ADMIN v2?"
But whether or not he gets a position in the administration, our hero will be back in the public forum, with his honor restored - and his enemies tremble at the idea.
Q drop 3626 - November 24th, 2019.
Flynn was targeted and submitted to a gag court order for a reason.
So he would not talk about the subjects that terrify D traitors and their overlords - and are about to resurface.
"Who knows where the bodies are buried?"
Our hero does.
Below are links to all my previous threads on Flynn.
Contribute to the defense of our hero:
That was my #QAnon thread "The Return of Mike Flynn".