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Thread: Flynn’s Latest Legal Filing Could Backfire

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    Default Flynn’s Latest Legal Filing Could Backfire

    Lawyers for retired lieutenant general and former National Security Advisor Michael Flynn filed an emergency petition for extraordinary relief with a federal appeals court on Tuesday that could result in exactly the opposite outcome that’s currently being sought.

    Styled as a writ for mandamus, Flynn attorney Sidney Powell requested that the U.S. Court of Appeals for the D.C. Circuit effectively bypass U.S. District Judge Emmet Sullivan and direct the lower court to “grant the Justice Department’s Motion to Dismiss” long-controversial charges of lying to federal investigators.

    Flynn previously pleaded guilty to those charges twice over but eventually moved to withdraw his plea (even deleting a tweet in which he admitted guilt). Although it remains true that Flynn pleaded guilty, arguably exculpatory material has come to light in recent weeks. There was even a suggestion that the Federal Bureau of Investigation (FBI) had some misgivings about going after Flynn in the first place–but continued on doing so after infamous former FBI agent and all-purpose Trumpworld bogeyman Peter Strzok insisted the case remain open.

    Powell also sought various other forms of relief in the 44-page filing that attempts to make the case for a modern times miscarriage of justice directed by the highest levels of the national security state.

    “The Government, which has sole authority to dismiss this prosecution, has presented a well-documented motion explaining its reasons,” the petition argued. “The Government misconduct and Brady violations provide a more-than-sufficient basis for dismissal. An innocent man has been the target of a vendetta by politically motivated officials at the highest level of the FBI. The egregious Government misconduct, and the three-year abuse of General Flynn and his family, cry out for ending this ordeal immediately and permanently.

    “The district judge’s latest actions–failing to grant the Government’s Motion to Dismiss, appointing a biased and highly-political amicus who has expressed hostility and disdain towards the Justice Department’s decision to dismiss the prosecution, and the promise to set a briefing schedule for widespread amicus participation in further proceedings–bespeaks a judge who is not only biased against [Flynn], but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny,” the petition accused later on. “This is an umpire who has decided to steal public attention from the players and focus it on himself. He wants to pitch, bat, run bases, and play shortstop. In truth, he is way out in left field.”
    Last edited by anatta; 05-20-2020 at 04:13 AM.

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    While some supporters of the White House predictably hailed the filing and its suggestions of untoward administration of the legal system against an aggrieved ally, many lawyers noted significant issues with the basic thrust of Powell’s legal argument and even the broader machinations at work.

    “This is a risky move by Flynn’s legal team, as it was likely Judge Sullivan was going to ultimately still sign off on the dismissal,” national security attorney Bradley P. Moss told Law&Crime via email. “Now, however, they risk a conservative D.C. Circuit upholding Sullivan’s discretionary authority to impose a punishment on his own. If that happens, all bets are off.”

    And while that would clearly be the worst case scenario for Flynn and his legal team, the general consensus is that the D.C. appeals court is exceedingly unlikely to give the accused what he’s asking for here.

    George Washington University law professor Jonathan Turley, who has consistently sounded the alarm about the circumstances surrounding the FBI’s interview of Flynn, also said the appeal presented legal questions that the court is “unlikely to reach on appeal.”

    Obama administration alum and Citizens for Responsibility and Ethics in Washington (CREW) co-founder Norm Eisen mocked the filing and predicted the legal maneuvering would not pay off.

    “Does not meet steep mandamus standard [and] will be tossed,” he tweeted late Tuesday aftenoon.

    Despite initial condemnations, however, Powell’s petition is not especially fantastical.

    Rather, it is generally well-cited and relies upon some not entirely unconvincing precedential authority viz. two cases that may, eventually, augur well for her client: (1) the recently-decided Supreme Court case of United States v. Sineneng-Smith (wherein the nation’s high court hypocritically upbraided a lower court for hijacking a case via calls for amici); and (2) United States v. Fokker Servs. B.V. (wherein the D.C. Circuit began by observing: “The Constitution allocates primacy in criminal charging decisions to the Executive Branch.”)
    https://lawandcrime.com/high-profile...ore-authority/

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    The assumption that Judge Sullivan likely will become extra abusive if a higher court indicates that he is allowed to be might not be wrong.

    SAD
    This illegal illegitimate regime that runs America is at fault...not me.... they do not represent me and I have long objected to their crimes against humanity.

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    notably that blog and pretty much all the left has said every move by Flynn and pretty much every other rpeublican is the worst move ever.

    Anyway.... I actually differ on most of my friends on the right in this. I dont want Flynn acquitted. I want the trial remanded back to the trial stage.

    The allegation is that the FBI withheld exculpatory evidence. That is a serious charge that undermines faith in the whole institution that should be proven in court. I want Flynn to tell us what documents were withheld and how they were exculpatory.

    Just as an example. If your charged with murder for instance. The FBI cant just do a DNA test on the knife or whatever weapon was used find multiple peoples DNA and not tell you about it. Worse they cant find multiple peoples DNA and then tell the judge they only found yours. That is what withholding exculpatory evidence is.
    is on twitter @realtsuke

    https://tsukesthoughts.wordpress.com/

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    How anyone can say that Flynn did NOT criminally lie is beyond me. HE ABSOLUTELY DID.

    He told the FBI one thing...and later, under oath, said that what he told them was a lie. Now he is saying under oath that he did not lie to the FBI...which means that he lied when he said he lied under oath. Either he lied to the FBI, which is criminally lying...or he lied when he claimed under oath that he did not lie, which is criminally lying.

    It is a situation of his own making.
    ON HIS WORST DAY, JOE BIDEN IS A BETTER PRESIDENT THAN TRUMP WAS ON HIS BEST DAY!

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    A defendant is allowed to change a guilty or innocent plea. It happens every day in America.

    No matter what this biased Obama appointee does, President Trump has said that the three star will be just fine.

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    Quote Originally Posted by Earl View Post
    A defendant is allowed to change a guilty or innocent plea. It happens every day in America.

    No matter what this biased Obama appointee does, President Trump has said that the three star will be just fine.
    As fine as anyone can after suffering years of abuse from the top level of law enforcement in the nation and thus losing ones home and other assets..... and their family going through that....all for trying to serve the nation.



    "BUT TRUMP!"
    This illegal illegitimate regime that runs America is at fault...not me.... they do not represent me and I have long objected to their crimes against humanity.

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    Quote Originally Posted by Frank Apisa View Post
    How anyone can say that Flynn did NOT criminally lie is beyond me. HE ABSOLUTELY DID.

    He told the FBI one thing...and later, under oath, said that what he told them was a lie. Now he is saying under oath that he did not lie to the FBI...which means that he lied when he said he lied under oath. Either he lied to the FBI, which is criminally lying...or he lied when he claimed under oath that he did not lie, which is criminally lying.

    It is a situation of his own making.
    Notably he did say exculpatory evidence was withheld from him. This is the reason why i want this remanded to trial again. That needs to be proven.

    In this case exculpatory eviidence would be evidence that the FBI did not think it was a lie or it was material enough to be a lie.
    is on twitter @realtsuke

    https://tsukesthoughts.wordpress.com/

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    Quote Originally Posted by tsuke View Post
    notably that blog and pretty much all the left has said every move by Flynn and pretty much every other rpeublican is the worst move ever.

    Anyway.... I actually differ on most of my friends on the right in this. I dont want Flynn acquitted. I want the trial remanded back to the trial stage.

    The allegation is that the FBI withheld exculpatory evidence. That is a serious charge that undermines faith in the whole institution that should be proven in court. I want Flynn to tell us what documents were withheld and how they were exculpatory.

    Just as an example. If your charged with murder for instance. The FBI cant just do a DNA test on the knife or whatever weapon was used find multiple peoples DNA and not tell you about it. Worse they cant find multiple peoples DNA and then tell the judge they only found yours. That is what withholding exculpatory evidence is.
    the Brady material was finally released -if not by Sullivan then by DNI Grenell.

    Most important for Flynn is to get this off of him - a ruling to Dismiss by the Appeals would be perfect if not likely

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    IOW removal of Sullivan and a Dismisal would still leave the post case for legal dissection

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    Quote Originally Posted by Frank Apisa View Post
    How anyone can say that Flynn did NOT criminally lie is beyond me. HE ABSOLUTELY DID.

    He told the FBI one thing...and later, under oath, said that what he told them was a lie. Now he is saying under oath that he did not lie to the FBI...which means that he lied when he said he lied under oath. Either he lied to the FBI, which is criminally lying...or he lied when he claimed under oath that he did not lie, which is criminally lying.

    It is a situation of his own making.
    No it isn’t lol.

    Flynn was minding his own business until the FBI ‘wanted to chat’ with him. Using the laughable Logan Act as a pretext. They went against their own protocol by not alerting someone higher up in the transition team that it wasn’t a case of ‘hey, just stopping by to get to know you’ but a matter of an actual investigation.

    But the real problem in the Flynn case there’s no *material evidence* that he lied to the investigators. The material evidence is the 302. The original 302 is missing, someone lost it, dog got ahold it or whatever.

    And the only 302 the prosecution could produce was altered. Altered evidence is admissible in court? Who knew?

    Who are the real liars here, Frank? Hard to know, huh?

    It’s further compounded by the fact Flynn’s *alleged lie* wasn’t material to any investigation.

    Sullivan should have thrown the case out the minute the prosecution couldn’t produce an *unaltered* piece of evidence against the defendant.
    Coup has started. First of many steps. Impeachment will follow ultimately~WB attorney Mark Zaid, January 2017

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    Quote Originally Posted by Hawkeye10 View Post
    As fine as anyone can after suffering years of abuse from the top level of law enforcement in the nation and thus losing ones home and other assets..... and their family going through that....all for trying to serve the nation.



    "BUT TRUMP!"
    Indeed.

    I believe he can sue for lawyer fees...millions.

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    Quote Originally Posted by tsuke View Post
    Notably he did say exculpatory evidence was withheld from him. This is the reason why i want this remanded to trial again. That needs to be proven.

    In this case exculpatory eviidence would be evidence that the FBI did not think it was a lie or it was material enough to be a lie.
    Okay.

    My comment, however, goes only to the fact that he lied...not to the legal procedures or what should happen next. The courts will decide that.

    Nor am I particularly interested in why he lied.

    He lied...either to the FBI or while under oath...both of which are criminally lying.
    ON HIS WORST DAY, JOE BIDEN IS A BETTER PRESIDENT THAN TRUMP WAS ON HIS BEST DAY!

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    Quote Originally Posted by Darth Omar View Post
    No it isn’t lol.

    Flynn was minding his own business until the FBI ‘wanted to chat’ with him. Using the laughable Logan Act as a pretext. They went against their own protocol by not alerting someone higher up in the transition team that it wasn’t a case of ‘hey, just stopping by to get to know you’ but a matter of an actual investigation.

    But the real problem in the Flynn case there’s no *material evidence* that he lied to the investigators. The material evidence is the 302. The original 302 is missing, someone lost it, dog got ahold it or whatever.

    And the only 302 the prosecution could produce was altered. Altered evidence is admissible in court? Who knew?

    Who are the real liars here, Frank? Hard to know, huh?

    It’s further compounded by the fact Flynn’s *alleged lie* wasn’t material to any investigation.

    Sullivan should have thrown the case out the minute the prosecution couldn’t produce an *unaltered* piece of evidence against the defendant.
    He lied, Darth...plain and simple. HE LIED under oath or to the FBI.

    But once again, it is becoming abundantly clear to me how the German people of the 1930's helped Adolf Hitler become the monster he did.
    ON HIS WORST DAY, JOE BIDEN IS A BETTER PRESIDENT THAN TRUMP WAS ON HIS BEST DAY!

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    Quote Originally Posted by Frank Apisa View Post
    He lied, Darth...plain and simple. HE LIED under oath or to the FBI.

    But once again, it is becoming abundantly clear to me how the German people of the 1930's helped Adolf Hitler become the monster he did.
    Frank, you were doing so good lol.

    How do you know Flynn lied? Do you have *an unaltered* copy of the conversation between Flynn and the investigators?
    Coup has started. First of many steps. Impeachment will follow ultimately~WB attorney Mark Zaid, January 2017

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