On Friday, Judge Emmet Sullivan issued an order in United States v. Flynn that, while widely unnoticed, reveals something fascinating
: A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works.
With a protective order in place, Flynn’s attorneys should start receiving the required disclosures from the special counsel’s office. There is reason to believe these will include some bombshells.
First, we know from the recently released GOP House Intelligence Committee memo and the Grassley-Graham criminal referral of Christopher Steele, the FBI and DOJ withheld significant (and material, in my view) information in seeking a Foreign Intelligence Surveillance Act (FISA) warrant to conduct surveillance on Trump campaign volunteer Carter Page. There is cause to believe the FISA court was connected to the criminal charge filed against Flynn because Contreras, who recused less than a week after accepting Flynn’s guilty plea, “is one of just three FISA court judges who sits in the District of Columbia, where it is likely the Trump-Russia FISA warrants were sought.”
Was other evidence withheld, either from the FISA court or from Flynn’s attorneys in negotiating a plea? Again, there is reason to believe so, given the players involved and the facts already uncovered.
Mueller must now provide Flynn all exculpatory evidence: Significantly, if the information is favorable to Flynn but the special counsel’s office believes it is immaterial, government attorneys must nonetheless provide the evidence to Sullivan to allow him to make the call. In other words, Mueller’s team cannot unilaterally decide what evidence matters, as the Department of Justice did in applying to the FISA court for a surveillance warrant on Page while withholding the key fact that Hillary Clinton and the Democratic National Committee paid for information crucial to the application.
However, there are enough shady characters involved to believe there will be something of significance. Then what?
Sidney Powell, a former federal prosecutor and author of “Licensed to Lie: Exposing Corruption in the Department of Justice,” writes that Flynn should withdraw his guilty plea and suggests that Sullivan, as “the country’s premier jurist experienced in the abuses of our Department of Justice, . . . is the best person to confront the egregious government misconduct that has led to and been perpetrated by the Mueller-Weissmann ‘investigation’ and to right the injustices that have arisen from it.”
Flynn’s attorneys now know what to do should Mueller’s team disclose such evidence.
After the spanking Sullivan gave the prosecutors in the Stevens case, (Alaska sen. Ted Stevens case) Mueller is on notice as well.
Read more:
http://thefederalist.com/2018/02/19/...al-corruption/
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