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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: DOJ Refuses to Produce Brady Material Requested by Flynn Attorney Sidney Powell – Seeks to go Immediately to Sentencing
Source: The Gateway Pundit
URL Source: https://www.thegatewaypundit.com/20 ... -go-immediately-to-sentencing/
Published: Oct 1, 2019
Author: Cristina Laila
Post Date: 2019-10-01 15:48:20 by nolu chan
Keywords: None
Views: 1188
Comments: 14

DOJ Refuses to Produce Brady Material Requested by Flynn Attorney Sidney Powell – Seeks to go Immediately to Sentencing

by Cristina Laila
The Gateway Pundit
October 1, 2019

Deep State DOJ lawyers stepped up their prosecutorial misconduct on Tuesday in a court filing in response to a motion filed by Flynn’s lawyer Sidney Powell.

General Mike Flynn’s attorney Sidney Powell on Monday filed a supplement status report in response to the conclusion of the case against Flynn’s former business associate Bijan Rafiekian.

Last week, in a major blow to the DOJ National Security Division, a federal judge tossed out a conviction against General Flynn’s former lobbying partner, Bijan Rafiekian.

A federal jury in July found General Flynn’s associate Bijan Rafiekian guilty of illegally lobbying for Turkey after just 4 hours of deliberation — but Federal Judge Anthony Trenga, a George W. Bush appointee, dismissed the indictment because of ‘insufficient evidence to sustain the conviction.’

“The evidence was insufficient as a matter of law for the jury to convict Rafiekian on either count,” Judge Trenga wrote in a 39-page memorandum last Tuesday.

“There is no substantial evidence” that he agreed to cooperate subject to the direction/control of Turkey; no evidence of any implied agreement with Turkey.

“There is no evidence of discussions or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement,” Judge Trenga wrote.

Evidence is mounting that Mueller’s thugs pressured General Flynn to lie, then withheld Brady Material in order to build a case against him and used prosecutorial blackmail by threatening Michael Flynn Jr.

More on Sidney Powell’s motion via Margot Cleveland from The Federalist:

“On September 24, 2019, Judge Anthony Trenga of the Eastern District of Virginia granted Mr. Rafiekian’s motion for acquittal in its entirety,” Powell wrote. Then, while attaching Judge Trenga’s detailed opinion to her filing, Powell highlighted the key take-aways: “The Government [had not] presented sufficient evidence for a rational jury to conclude beyond a reasonable doubt that Rafiekian conspired with [co-defendant] Alptekin or anyone else” to act as an unregistered agent of Turkey.

Additionally, “[t]here [wa]s no evidence of discussion or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement,” Judge Trenga explained in dismissing the charges.

Then things got really good. Powell posited that prosecutor Brandon “Van Grack was determined that Mr. Flynn would testify in the Rafiekian case that he had knowingly signed a false FARA registration, even though Mr. Van Grack knew that was not true and Mr. Flynn had not agreed to that in the course of his plea agreement.” Yet, in a heated exchange, Powell wrote, Van Grack “claimed Mr. Flynn had agreed to plead to a knowing and intentional false FARA filing.”

Then came the boom: “In our endless document review, we now have a draft of the statement of offense that proves the contrary, showing similar language deleted,” Powell told the court. This proves extremely significant.

To explain: The Statement of Offense is the document a defendant—Flynn here—signs in pleading guilty to an offense and then later swears to the veracity of in court. The Statement of Offense summarizes the facts for the court to show they are sufficient to establish that the defendant has committed the charged offense.

Mueller’s lawyer Brandon Van Grack claimed Flynn had a agreed to plead to a knowing and intentional false FARA filing however, a draft of the Statement of Offense proves to the contrary.

The US government on Tuesday filed its response to Sidney Powell’s motion to compel production of Brady Material.

The DOJ is refusing to produce any other evidence and requested to go right to sentencing.

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#1. To: All (#0)

https://www.scribd.com/document/428313622/United-States-v-Flynn-DCDC-17-cr-232-Doc-121-30-Sep-2019-Supplemental-Status-Report

nolu chan  posted on  2019-10-01   16:02:41 ET  Reply   Trace   Private Reply  


#2. To: nolu chan (#0)

DoJ should produce the Brady material or dismiss the charges.

If they don't, the judge should dismiss the entire case against Flynn with prejudice.

Surprising that the DoJ is willing to take these chances with a judge who is clearly not impressed with their case or their conduct as prosecutors.

I'd prefer the judge dismiss with prejudice. Flynn isn't guilty of anything significant. No one needs to find him guilty or innocent of anything and he doesn't need to get a plea deal or time in a Club Fed. He's already been punished a lot more than people who committed serious national security breaches. Like Hitlery. Like 0bama. Like Brennan and Clapper.

Tooconservative  posted on  2019-10-01   16:14:22 ET  Reply   Trace   Private Reply  


#3. To: Tooconservative (#2)

DoJ should produce the Brady material or dismiss the charges.

https://www.scribd.com/document/428314056/United-States-v-Flynn-DCDC-17-cr-232-Doc-122-01-Oct-2019-GOVERNMENT-S-RESPONSE-TO-DEFENDANT-S-MOTION-TO-COMPEL-PRODUCTION-OF-BRADY-MATERIAL

nolu chan  posted on  2019-10-01   16:15:33 ET  Reply   Trace   Private Reply  


#4. To: nolu chan (#3)

Flynn's current legal team seems competent. His initial team seemed mostly interested in shoveling him into a plea deal with a rather long term in a Club Fed, all because the prosecutors were threatening to gin up a case to put his dumbass son in jail too.

The judge has been the saving grace in this case. The prosecutors and the first Flynn legal team have been just awful, embarrassing really.

Tooconservative  posted on  2019-10-01   16:18:12 ET  Reply   Trace   Private Reply  


#5. To: Tooconservative (#4)

Flynn's current legal team seems competent. His initial team seemed mostly interested in shoveling him into a plea deal with a rather long term in a Club Fed, all because the prosecutors were threatening to gin up a case to put his dumbass son in jail too.

His initial attorneys were competent attorneys. Competence was not the problem, conflict was. His lead attorney (Lanny Davis) played for the other team. I just wonder how Sydney Powell was retained.

nolu chan  posted on  2019-10-01   16:51:39 ET  Reply   Trace   Private Reply  


#6. To: Tooconservative (#4)

https://www.scribd.com/document/428318866/United-States-v-Bagley-473-US-667-2-Jul-1985-Brady-Material

The government citation in Doc 122 at 5 to page 667 of Bagley is to the Syllabus, not the Opinion of the Court. The probably meant 674.

nolu chan  posted on  2019-10-01   16:56:40 ET  Reply   Trace   Private Reply  


#7. To: All (#3)

Flynn, Doc 122 at 21:

CONCLUSION

The defendant’s motion is not a search for Brady material. It is a fishing expedition in hopes of advancing conspiracy theories related to the U.S. government’s investigation into Russian interference in the 2016 presidential election. The government has already provided any evidence that could reasonably be construed as favorable and material for the defendant at sentencing. Accordingly, the motion should be denied.

nolu chan  posted on  2019-10-01   17:20:17 ET  Reply   Trace   Private Reply  


#8. To: nolu chan (#5)

I just wonder how Sydney Powell was retained.

How maybe not, why maybe...

https://drrichswier.com/2019/06/21/lieutenant-general-flynn-hires-firebrand- attorney-sidney-powell/

Vegetarians eat vegetables. Beware of humanitarians!

CZ82  posted on  2019-10-01   19:26:31 ET  Reply   Trace   Private Reply  


#9. To: CZ82 (#8)

How maybe not, why maybe...

How. Flynn was financially drained. Sydney Powell is among the legal elite. Is it pro bono? Did a benefactor put up the money?

Why? The other case fell apart and Flynn does not want to go to prison.

nolu chan  posted on  2019-10-01   20:09:13 ET  Reply   Trace   Private Reply  


#10. To: All (#3)

https://www.scribd.com/document/428314360/United-States-v-Flynn-DCDC-17-cr-232-Doc-123-01-Oct-2019-NOTICE-OF-DISCOVERY-CORRESPONDENCE

nolu chan  posted on  2019-10-01   20:11:43 ET  Reply   Trace   Private Reply  


#11. To: nolu chan, A K A Stone (#9)

How. Flynn was financially drained. Sydney Powell is among the legal elite. Is it pro bono? Did a benefactor put up the money?

There is a defense fund set up in his name so maybe that is why. I guess time will tell but since she has first hand experience with the corruption in the DOJ I imagine she would like to take some of the down, she wrote a book all about her experiences with them.

Since my link didn't work as usual:

Lieutenant General Flynn Hires Firebrand Attorney Sidney Powell

June 21, 2019/in Courts & Law, Must Read, Policy, Politics, Waste, Fraud and Abuse /by Kelleigh Nelson

When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it. Frederic Bastiat

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice. Montesquieu

The fight for justice against corruption is never easy. It never has been and never will be. It exacts a toll on our self, our families, our friends, and especially our children. In the end, I believe, as in my case, the price we pay is well worth holding on to our dignity. Frank Serpico

A huge hallelujah and a big sigh of relief went up across the country when those who love justice and the “rule of law” heard who General Michael T. Flynn had hired to represent him. My phone rang off the hook for two days…the General’s supporters are thrilled!

Attorney Sidney Powell

General Flynn has hired a brilliant powerhouse attorney who knows and understands the corruption in DC. Sidney Powell served in the Department of Justice (DOJ) for ten years in both Texas and Virginia and for the past twenty years has devoted her private practice to federal appeals where she was lead counsel in more than 500 appellate cases.

Ms. Powell has been an outspoken critic of the Enron Task Force prosecutions and accused prosecutor Andrew Weissmann in particular of overreach. Weissmann was a prominent member of Special Counsel Robert Mueller’s team investigating the bogus Russia interference in the 2016 presidential election and any obstruction of the probe by President Donald Trump. Here is the full transcript of Powell’s interview with Mark Levin, but watch the following twelve minutes on Weissmann.



In Powell’s book, Licensed to Lie, William Hodes, Professor of Law Emeritus, Indiana University stated, “that a coterie of vicious and unethical prosecutors who are unfit to practice law has been harbored within and enabled by the now ironically named Department of Justice.” Ms. Powell had to self-publish her first edition because houses feared the content. The second edition is stunning and frightening.

Powell documents the prosecutorial misconduct of the U.S. Attorneys in the Enron trials. All of the convictions except for three were overturned. Unfortunately, none of the attorneys mentioned in Ms. Powell’s amazing tome were ever disbarred, and they went on to continue their nefarious activities.

Many innocent people were ruined because the justice department lawyers apparently valued their own upward career mobility over the very reason for their existence in their positions…Justice.

Some of the same lawyers involved in the Enron miscarriage of justice were on the Mueller team going after President Trump and his supporters. Do Americans want anyone being targeted by attorneys so unethical their convictions are overturned because of their blatant disregard for the rule of law and the U.S. Constitution? Well, it happened, and General Michael T. Flynn is a prime example.

In a recent interview with The Epoch Times Sidney Powell blasted the appalling two-tiered judicial system in America today where General Michael Flynn can get set up and prosecuted by deep state operatives while Peter Strzok can leak and lie and get off scot free.

In December 2018 Powell accused the Mueller team of destroying evidence and obstructing justice in the Flynn case. Mueller’s team wiped all of the data off of Peter Strzok’s and Lisa Page’s iPhones after determining “they contained no substantive text messages.” Powell said until the Mueller investigation is probed, no one can have faith or trust in the Department of Justice or the FBI.

As for the bogus Russia investigation, what Mueller pulled in his eight-minute press conference was subterfuge. Powell commented that if Mueller couldn’t decide whether or not President Trump obstructed justice in a two-year investigation, then it is evident there is no violation. She said, “the entire Russia collusion narrative was made up by anti-Trump political partisans in the FBI and DOJ.”

“It couldn’t have been more divisive,” Powell said of Mueller’s press conference. “What we’ve witnessed in the last, I don’t know, 15, 20 years, is an extraordinary rise of double standards where people who are Democrats are given passes on clear offenses, and Republicans are literally targeted and prosecuted and their lives destroyed on things that are even made up.” Powell said Mueller knew there was no conspiracy even before he started to investigate.

Please help General Flynn and Sidney Powell by donating to the Michael Flynn Legal Defense Fund. Attorney Powell asked for 90 days to review the massive Flynn case, and Judge Emmet Sullivan gave her 60 days.

General Michael T. Flynn

President Donald Trump told Fox News that Vice President Mike Pence doesn’t automatically have his backing should he mount his own run for the White House in 2024. Perhaps the President has gleaned some awareness of the real Mike Pence.

By now, many of General Flynn’s supporters understand that VP Pence was involved in his removal as National Security Adviser. Allegedly, the February meeting between Pence and McCabe about General Flynn was set up by Peter Strzok using an unofficial backchannel, a Pence staffer’s wife who worked for Strzok. VP Pence’s Chief of Staff, Joshua Pitcock’s wife, was working as an analyst for Peter Strzok on the FBI’s investigation into Hillary Clinton’s use of a private server.

There are many more Deep State players, all of whom were not only terror- stricken but were absolutely frantic to be rid of the man they feared knew too much about them.

To this day, many of their ilk are still in charge, including the new Trump appointed FBI Director Christopher Wray who was most likely suggested by former Governor and transition head, Chris Christie who many called Abu Christie because he had appointed a Muslim to the New Jersey Supreme Court. Wray was Christie’s lawyer during Bridgegate. Wray’s corrupt FBI actually lost the notes from the meeting where crooked cop, Peter Strzok was told that China was hacking Hillary’s email in real time.

Back in December of 2018, Special Counsel Robert Mueller’s team released key documents relating to the FBI’s questioning of former national security adviser Michael Flynn, confirming agents did not believe at the time Flynn intentionally lied to them — though he was later charged with making false statements in that interview. These were the heavily redacted FD-302 reports of FBI Agents, Strzok and Pientka who interviewed the General. The documents also included disgraced and fired former FBI Deputy Director Andrew McCabe’s notes after talking with Flynn to arrange his interview with the FBI. Many sources believe McCabe edited the FD-302s to target the General.

Deputy AG Rod Rosenstein refused to allow Agent Pientka to testify despite his reported willingness to defend Michael Flynn. Mueller redacted Joe Pientka’s name in the 302 reports.

Judge Emmet Sullivan

In May 2019, Judge Emmet Sullivan ordered the release of the transcripts of General Flynn’s conversations with Russian Ambassador Sergei Kislyak along with the transcript of a voicemail recording by Trump’s personal attorney, John Dowd, left with Robert Kelner, defense lawyer for Flynn.

The Feds did release the transcript of a voice mail left in November 2017 by John Dowd to Kelner, but the DOJ refused to comply with the court order to release the transcript of the General’s conversation with Ambassador Kislyak. Sources close to the General tell me that he wanted these documents released to the public.

Judge Sullivan, a Clinton appointee, in a two-sentence order said he’d decided not to require the public release of transcripts after considering prosecutors’ response. Prosecutors claimed they were not relying on that conversation to establish his guilt or to determine his sentence. Then why not release it? Perhaps they haven’t had time to properly edit it for weaponization against the General, when we know those transcripts would prove General Flynn’s complete innocence.

Flynn’s phone calls with Ambassador Kislyak during the Trump Transition were perfectly legal and only portions of his calls have been selectively leaked to the media. One has to wonder how many of those leaked portions were edited. Every time there’s a leak, AG Barr needs to release the truth to the public.

The Joint Defense Agreement

Republicans allege that a separate court-ordered transcript release in the case showed that Special Counsel Robert Mueller‘s report contained a conspicuously — and allegedly deceptive — edited version of the voicemail message from former Trump lawyer John Dowd to Flynn’s lawyer, Rob Kelner.

Here is the edited version of Dowd’s phone call:

I understand your situation, but let me see if I can’t state it in starker terms. . . [I]t wouldn’t surprise me if you’ve gone on to make a deal with … the government. … [I]f… there’s information that implicates the President, then we’ve got a national security issue, . . . so, you know, . . . we need some kind of heads up. Um, just for the sake of protecting all our interests if we can …. Remember what we’ve always said about the ‘President and his feelings toward Flynn and, that still remains ….

And here is the full text of the message, which Mueller’s gang did not want seen:

Hey, Rob, uhm, this is John again. Uh, maybe, I-I-I‘m-I’m sympathetic; I understand your situation, but let me see if I can’t … state it in … starker terms. If you have … and it wouldn’t surprise me if you’ve gone on to make a deal with, and, uh, work with the government, uh … I understand that you can’t join the joint defense; so that’s one thing. If, on the other hand, we have, there’s information that … implicates the President, then we’ve got a national security issue, or maybe a national security issue, I don’t know … some issue, we got to-we got to deal with, not only for the President, but for the country. So … uh … you know, then-then, you know, we need some kind of heads up. Um, just for the sake of … protecting all our interests, if we can, without you having to give up any … confidential information. So, uhm, and if it’s the former, then, you know, remember what we’ve always said about the President and his feelings toward Flynn and, that still remains, but — Well, in any event, uhm, let me know, and, uh, I appreciate your listening and taking the time. Thanks, Pal.

Do you see? If you look at the full transcript, Dowd is very specific about not wanting any information he should not have, not wanting any “confidential information.” Mueller left out that one very important exculpatory evidence in his edited transcript… “without you having to give up any … confidential information.” There was only one reason for Mueller to remove it…to further his attempt to frame Trump via manufactured evidence or by hiding exculpatory evidence.

Mr. Dowd left the voice mail not long after Mr. Flynn left the joint defense agreement with Mr. Trump to cooperate with the Special Counsel. (Remember Mueller’s 30-year modus operandi. Link and Link) Of course, the Mueller report cites the voice mail as scrutiny into possible obstruction by the President even thought Mr. Kelner had already told Dowd “that Flynn could no longer have confidential communications with the White House or the President.”

Dowd told Sean Hannity, “Well, I had an obligation as counsel to the president to find out what was going on. And I’m so glad Judge Sullivan ordered the transcript because they now know the truth. And we also know that this entire report by Mueller is a fraud, and we’re going to find more of these things. Isn’t it ironic that this man who kept indicting and prosecuting people for process crimes committed a false statement in his own report? By taking out half my words, they changed the tenor and the contents of that conversation with Robert Kelner. And it’s an outrage. And there’s probably more of it.”

Conclusion

George Washington said, “Truth will ultimately prevail where there are pains to bring it to light.” Sidney Powell, knows all about the lies and the pervasive decay in our intelligence community, and she is the finest legal mind General Flynn could have chosen, and yes, she will bring the truth to light.

Please help this great patriot, General Michael T. Flynn and Sidney Powell by donating to the Michael Flynn Legal Defense Fund. Truth is our cause!

Vegetarians eat vegetables. Beware of humanitarians!

CZ82  posted on  2019-10-02   7:46:43 ET  Reply   Trace   Private Reply  


#12. To: All (#0)

https://www.scribd.com/document/432016637/United-States-v-Flynn-DCDC-17-cr-232-Doc-129-2-24-Oct-2019-FLYNN-REPLY-Re-Motion-to-Compel-Brady-Material

37pp.

[Excerpt]

CONCLUSION

In its relentless pursuit of Mr. Flynn, the government became the architect of an injustice so egregious it is “repugnant to the American criminal system.” Russell, 411 U.S. at 428 (citations omitted). For these reasons and those in our original Motion and Brief in Support, this Court should compel the government to produce the evidence the defense requests in its full, unredacted form. Given the clear and convincing evidence herein, this Court should issue an order to show cause why the prosecutors should not be held in contempt; and should dismiss the entire prosecution for outrageous government misconduct.

https://dailycaller.com/2019/10/25/michael-flynn-sidney-powell-dismissed-contempt/

Michael Flynn Attorney Demands Charges Be Dismissed ‘For Outrageous Government Misconduct’

Luke Rosiak
Investigative Reporter
The Daily Caller
October 25, 2019 7:55 AM ET

[excerpt]

Changing 302s

On Feb. 10, 2017, media reports citing “senior intelligence officials” said that Flynn discussed sanctions with the Russian ambassador, contrary to what Vice President Michael Pence had said on television.

“Overnight,” the 302 was edited to add “an unequivocal statement that ‘Flynn stated he did not'” ask the ambassador to slow down a UN vote or vote in a certain way, Powell wrote. “This is a deceptive manipulation because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on this issue. He had talked to dozens of countries.”

“Second, they added: ‘or if KISLYAK described any Russian response to a request by FLYNN.’ That question and answer do not appear in the notes, yet it was made into a criminal offense. The typed version of the highly unusual ‘deliberative’ 302 by that date already included an entire section from whole cloth that also serves as a criminal charge in the Information and purported factual basis regarding ‘Russia’s response’ to any request by Flynn. The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.”

Prosecutors originally said that the 302 had been amended only to “remove a header” and then to remove the word “DRAFT,” the Powell’s filing says.

The edited versions were withheld for months, and one only came out after prompting by Flynn’s attorneys, Powell wrote. Prosecutors did not explain why they were not originally provided and “how they suddenly turned up” with “material differences.”

nolu chan  posted on  2019-10-25   11:16:25 ET  Reply   Trace   Private Reply  


#13. To: All (#12)

https://theconservativetreehouse.com/2019/10/25/stunning-potentially-game-changing-court-filing-by-flynn-defense-lawyer-sidney-powell/

Stunning, Potentially Game-Changing, Court Filing by Flynn Defense Lawyer Sidney Powell…

by sundance
Conservative Treehouse
Posted on October 25, 2019

In a lengthy court filing surrounding the issues of Brady discovery material, Mike Flynn’s lawyer, Sidney Powell, drops some serious evidentiary bombshells on the court. Ms. Powell brings Lady Justice to the courtroom, and her revelations are stunning.

We’re going to go through the primary filing and four exhibits to the evidence Attorney Sidney Powell is delivering to Judge Emmet Sullivan which contain some explosive discoveries. Toplines including:

(1) Lisa Page edited the Flynn 302’s, then forgot when questioned by DOJ officials, then re-remembered when shown her texts.

(2) The 302’s themselves were written with lies that do not match notes taken during the interview.

(3) The felony leaker of the Flynn-Kislyak phone call is named (James Baker).

(4) New texts from Page and Strzok that highlight the entrapment plan.

(5) ODNI James Clapper telling WaPo reporter Ignatius to “take the kill shot on Flynn“.

(6) The purposeful use of Judge Contreras to take the December 1st 2017 plea agreement; and much, much more.

[snip]

nolu chan  posted on  2019-10-25   12:47:38 ET  Reply   Trace   Private Reply  


#14. To: All (#13)

nolu chan  posted on  2019-11-01   18:44:53 ET  Reply   Trace   Private Reply  


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