Grassley Again Demands Flynn Documents: “If the facts are inconsistent with the plea agreement, that would be an entirely different kettle of fish.”…

Senator Chuck Grassley is not happy with the DOJ and FBI refusing to turn over documents and material surrounding the investigation of former National Security Advisor Michael Flynn.   After more than a year of requests, and after several weeks of current specific requests, Senator Grassley sends a pointed letter (full pdf below) to Deputy Attorney General Rod Rosenstein.  Grassley smells something suspicious:

If the facts are inconsistent with the plea agreement, that would be an entirely different kettle of fish.

The Department’s reply to my May 11, 2018 letter seeking information about the circumstances surrounding Lt. General Michael Flynn’s reported conversations with the Russian ambassador and FBI records related to those conversations is insufficient. The letter only recounts a series of publicly known facts about Lt. General Flynn’s plea agreement and relies on improper excuses in refusing to provide the requested information. The Committee requires this information to fulfill its Constitutional function and its charge under Senate Rules to conduct oversight of the Department of Justice.

First, as you know, some of that information was first requested on a bipartisan basis before your confirmation. The Committee has waited patiently for much more than a year for the criminal inquiry related to Lt. General Flynn to conclude. It has been more than five months since his guilty plea. Thus, there is no longer any legitimate reason to withhold facts from the Senate about the circumstances of his conversations with the Russian ambassador and his FBI interview.

Second, the Department’s letter erroneously suggests that complying with Congressional oversight would result in “the reality or the appearance of political interference” in a “pending criminal prosecution.” There is no pending prosecution. The guilty plea was more than five months ago.

The Department’s letter describes in detail what everyone already knows. Lt. General Flynn admitted to the Statement of Offense with the able assistance of counsel. All that remains is for Lt. General Flynn to be sentenced. Simply disclosing facts to the Committee could not possibly “interfere” with the case at this late date, assuming those facts are consistent with the representations that prosecutors arranged for Lt. General Flynn to swear to in federal court.

If the facts are inconsistent with the plea agreement, that would be an entirely different kettle of fish.  (more pdf link)

Here’s the full letter:

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This entry was posted in Big Government, Big Stupid Government, Conspiracy ?, Deep State, Dept Of Justice, FBI, IG Report FISA Abuse, media bias, President Trump, Spygate, Spying, THE BIG UGLY, Uncategorized, White House Coverup. Bookmark the permalink.

480 Responses to Grassley Again Demands Flynn Documents: “If the facts are inconsistent with the plea agreement, that would be an entirely different kettle of fish.”…

  1. AKM says:

    There may be a different dynamic here. PDT and GOP (in the generic poll) are both improving in polls. It appears therefore that despite Mueller’s SC, intransigence and delay on the part of the DoJ, conservatives are doing better. When Giuliani complained that if Mueller did not finish before September, he was really interfering with the midterms, he may well have been trolling him. PDT is also trolling when he complains that Horowitz is delaying the OIG report, and Sessions can’t do anything. Did they deliberately leave a blackhat (or at least a greyhat – Rosenstein) in charge so that this would go slow? Meanwhile frustration rises, and anger at the FBI / DoJ / Dems increases as the news trickles out via the few real journalists on the right.

    Liked by 2 people

    • G. Combs says:

      As I said on the last page a ‘rosenstink’ type who would appoint a Special Counsel was a GIVEN because the Senate has 51 Republicans and 49 Democrats (including two independents).

      Of the republicans you have Trump hating RINOS like John McCain, Jeff Flake, Tom Cotton, Marco Rubio, Richard Burr, and Lindsey Graham to guaranteeing the globalists get what they want. All it takes is McCain and Ms Lindsey or Flake or Burr to refuse to confirm and President Trump’s nommination hits the skids.

      I think President Trump picked a real sleazeball like Rosey so he could tighten a noose around his neck when he needs to. (Uranium One?)

      Liked by 2 people

      • singular says:

        Yes, because Sessions tried to fire Rosenstink and Trump wouldn’t let him. And I think Flynn might be in on the whole thing and was from the beginning.

        Like

    • Bill Henslee says:

      Actually, Rudy may be giving a forewarning to us about his natural suspicions of Mueller’s tactics. It would not be a surprise if the ‘investigation’ came up with some phony baloney smears as an “October Surprise” before the GOP and the President could properly refute them or defend against them in the court of public opinion.

      If that tipped the election to the election of a Democrat majority in the House and led to impeachment, it would be one of the biggest political misuses of a Special Counsel’s role in history. And Rudy is also laying the predicate now for an argument that the Special Counsel and his “Rabid 13” are trying to frame the President.

      Say what you like about Rudy, I think he is following the tradition and practice of many great super-lawyers –e.g, Clarence Darrow,. the OJ team, etc– who used their bully pulpit to excoriate their opposition and mold public opinion. That’s what they are paid to do. I simply don’t think Rudy is making unguarded and off the cuff remarks. Note that they become the subject of endless debate and anti-Trump material for the Never Trump MSM.

      Like

  2. Echo says:

    The DoJ treat Congress / Senate Oversight Committees as if they are irrelevant municipal utilities.

    The amazing thing is Congress / Senate Oversight Committees have no, none, zero, nil power to enforce their demands.
    Only the President can change this.
    He chooses not to.
    It’s truly got me confused beyond endurance.

    Liked by 1 person

    • cbjoasurf says:

      I think that Potus Trump keeps giving them more rope to insure that there is more than enough rope available to hang themselves, including Mueller.

      Liked by 2 people

      • Echo says:

        More rope is rubbish.
        A justification for inaction.
        How does more rope achieve anything at law?
        The crimes have already been committed

        Like

        • If I were POTUS, would have sent SWAT teams or the 101st Airborne if necessary, into the FBI and any intelligence agency that refused to turn over documents to Congress.

          If D.Eisenhower was willing to send the 101st to Little Rock AR during segregation, it seems this is a serious enough crisis to consider again.

          Liked by 1 person

          • ATheoK says:

            I’m with you waynesteapartyworld!

            Out of four branches of military, the POTUS should be able to collect a trustworthy team; including IG, Prosecutors and Military Police officers that can:
            A) Lock down sites and computer systems where the miscreants work.
            B) Sift and collect all of the relevant evidence, including criminal actions uncovered during their investigations.
            C) Arrest, charge and imprison suspects, malignant politicians, insubordinates, etc.
            D) Properly arraign and present suspects and evidence during criminal trials.

            Which does bring us back to a proper Gitmo location for these traitors; say an island between Alaska and Siberia. Northern exposure cells would be helpful and blubber fires for cooking and heating.

            Liked by 1 person

    • Baygraver says:

      Do they have Power of the purse ? Or is that under POTUS?

      Like

  3. Dr.Jay says:

    Sen. Graham on Inspector General Probe: ‘The DOJ Was in the Tank for Clinton’
    http://insider.foxnews.com/2018/06/06/lindsey-graham-says-justice-department-tank-hillary-clinton-comey-over-donald-trump

    Both Graham and Grassley now seem to have made a full turn since 2016.

    Like

  4. fast182 says:

    But the new judge in Flynn’s case is still reviewing EVERYTHING. He may very well throw the whole thing out, since it appears that Mueller is basing a criminal prosecution on info that was gathered under a foreign intelligence operation. That right there should be reason for dismissal, under the fruit of a poison tree theory, not to mention that the intelligence operation was probably illegal too. So, am I wrong in saying that they honestly can’t release the documents now?

    Liked by 1 person

    • rocketride says:

      Not ‘probably illegal, definitely illegal. FICTITIOUS info was gathered to FRAUDULENTLY instigate said foreign intelligence operation, likely with the at least tacit connivance of the FISA judge involved.* How many times over does that make this ‘fruit of the poison tree’?

      * Why have we not seen any contempt of court or similar citations from the bench for obtaining a warrant by fraudulent means, unless the judge had been a willing participant in the fraud

      Like

    • G. Combs says:

      “… So, am I wrong in saying that they honestly can’t release the documents now?….”

      AG Sessions has repeatedly told congress that he CAN NOT comment on on-going DOJ cases. He can not even say there is an on-going case.

      Remember Congress leaks like a sieve and is a COEQUAL branch to the Executive…

      WIKI: Executive privilege is the power of the President of the United States and other members of the executive branch of the United States Government to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information or personnel relating to the executive. The power of Congress or the federal courts to obtain such information is not mentioned explicitly in the United States Constitution, nor is there any explicit mention in the Constitution of an executive privilege to resist such requests from Congress or courts.[1] The Supreme Court of the United States has ruled this privilege may qualify as an element of the separation of powers doctrine, derived from the supremacy of the executive branch in its own area of Constitutional activity….”

      “1-7.400 – Disclosure of Information Concerning Ongoing Criminal, Civil, or Administrative Investigations

      Any communication by DOJ personnel with a member of the media relating to a pending investigation or case must be approved in advance by the appropriate United States Attorney or Assistant Attorney General, except in emergency circumstances. For administrative investigations not overseen by a U.S. Attorney or Assistant Attorney General, approval must be obtained from the Assistant Attorney General for Administration. Where the investigation is being handled by the Office of the Inspector General, approval must come from the Inspector General.

      DOJ generally will not confirm the existence of or otherwise comment about ongoing investigations. Except as provided in subparagraph C of this section, DOJ personnel shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress before charges are publicly filed.

      When the community needs to be reassured that the appropriate law enforcement agency is investigating a matter, or where release of information is necessary to protect the public safety, comments about or confirmation of an ongoing investigation may be necessary, subject to the approval requirement in subparagraph A.”
      https://www.justice.gov/usam/usam-1-7000-media-relations

      Also : https://www.heritage.org/crime-and-justice/commentary/doj-obstructing-congress-the-trump-surveillance-case

      Liked by 1 person

  5. Dr.Jay says:

    So, am I wrong in saying that they honestly can’t release the documents now?

    Not sure, but I think it is wrong.
    Officially there is already a plea, so it should be fine to release the document to congressional oversight (that does not mean the public).
    You are right that the judge still will have his final say. Issue with that is that if the judge decided to accept the plea then it becomes a conviction. Of course that conviction may be overturned at some later time but still that would be an issue.

    Issue is that this is judiciary oversight and they already know that there is a very, very big chance that this is indeed a different kettle of fish…

    since it appears that Mueller is basing a criminal prosecution on info that was gathered under a foreign intelligence operation.
    That is not the point. That there is no primary crime, never has been, is a simple fact. Yates’s idea that Flynn could have violated the Logan Act is idiotic, a mere excuse.
    It concerns me that one can be indited for (allegedly) lying about something what is not a crime.

    And there is no legal evidence that the conversation between Flynn and the ambassador was taped as part of a ‘foreign intelligence’ operation (i.e. because the ambassador was taped from his end), it may as well have been taped as part of a local intelligence operation (i.e. Flynn was taped from his end because he was calling from Trump Tower, which could/would be taped because of the illegally obtained FISA warrant against Carter Page of 2016-10-31)

    The simple point is that the allegation is that he lied to the FBI, yet the evidence so far clearly indicates that he did not.

    Yet Flynn accepted the plea, which is odd. But it seems clear he was unaware, as was his counsel, of the undisclosed evidence which indicates that he did not lie. All available evidence so far strongly indicates that this exculpatory evidence does exist and that this evidence was not known to the defendant at the time of the plea agreement yet that this was known to the prosecutor.

    In case everything is on the up & up then the DOJ should be able to comply and release the documents to the committee (they can refuse publication to the general public until sentencing).
    It seems that the DOJ is not willing to do that.

    Something smells in that kettle. Badly.

    Liked by 1 person

  6. rocketride says:

    Actually, the longer this festers, the worse it is for the democrooks. Even now, the way various races in Californication’s ‘jungle primaries’ turned out can’t be giving Dems much comfort. If the boil popped in about late August/early September, it would probably assure maximum ‘kill’.

    Like

  7. TigerBear says:

    Oh boy, how many strongly worded letters have been sent, and how many more will be sent? These people have no intention of complying and are playing beat the clock. If they drag this out long enough they’ll have impeded this president through his whole first term and I imagine this will be continuing through his second term as well.

    What I want to know is what we the people can do about this coup happening right before our eyes?? 😳

    Like

  8. Mike diamond says:

    Hillary gets away with all kinds of crimes,she even bleach Bit her computers!!! Debbie shultz gets by with her side kick anwan ,yet they go after Michael flynn! How unjust is that!!!

    Like

  9. Mike diamond says:

    I bet Chuck the schummmmmmeeerr,and Nancy Pelosi have already had the r phones bleach bit!!!!

    Like

  10. It has become apparent to me that Rod Rosenstein is guilty of treason among other things. And I think he needs to be. Dealt with in a treasonous manner. Cease his assets, deport him, or hang him. While we are at it less do the same to, McCabe, Comey, Clapper, Brennam, Rice, and at least 20 more

    Like

  11. Zippy says:

    The only proof that’s needed to show that Framegate was entirely improper, likely illegal, and that the Mueller investigation is being used as a political millstone around the Trump administration’s neck is the extreme foot dragging on the providing of documents from the DOJ and FBI. As Rep. Devin Nunes has said, we could end this in short order and exonerate everyone if they’d just provide the documents we’ve been asking for since last August.

    Like

  12. G. Combs says:

    The judge in the Admiral Flynn case maybe looking at things we are not aware of…

    “[…]Prosecutor Friedman argued that the ends justified the means and that there was no other way to prosecute corrupt attorneys.

    d. The Court rejected that argument stating, “The integrity of the courtroom is so vital to the health of our legal system that no violation of that integrity, no matter what its motivation, can be condoned or ignored.”[…]” — from:

    Lies, Deceit and the Ethical Rules, Can Prosecutors Lie for the Public Good?

    A. A prosecutor is held to a higher standard of ethical conduct because of his role in the administration of justice.

    1. The tenor of the case law discussing the role of prosecutors makes clear that prosecutors are held to the highest standard because of their unique powers and responsibilities. A prosecutor has responsibilities beyond that of an advocate, and has a higher duty to assure that justice is served.[…]”

    11 pages going through finding on cases against crooked government prosecutors.

    “[…]When a Government lawyer, with enormous resources at his or her disposal, abuses this power and ignores ethical standards, he or she not only undermines the public trust, but inflicts damage beyond calculation to our system of justice. This alone compels the responsible and ethical exercise of this power. In re Doe, 801 F.Supp. 478, 480 (D.N.M.1992).[…]”

    Like

  13. pnj01 says:

    Although firing Mueller might lead to impeachment and Trump therfore should not fire Mueller on the basis of the present record, POTUS could and should investigate Rosenstein’s activities over the past year to determine whether to fire both Rosenstein and his clearly derelict “supervisor” (one J. Sessions, the erstwhile AG of the US for less than a day) for Rosenstein’s clear interference in the process of justice.

    Not just in his relations with Congress but also for his interference with the IG’s Process. If the IG Report comes out and it shows evidence of having been watered down, Trump’s White House Counsel, in the exercise of the President’s duties as Chief Executive Officer of the Executive Branch, should demand both the original draft report shared with commenters and any responses given by anyone who received the report.

    If POTUS does fire Rosenstein he should make a very clear written showing of how Rosenstein has acted in contempt of Congress and how he tried to interfere with the IG’s process. Both Trump and Sarah Sanders should refer all questions about the reasons for the firing to White House Counsel.

    Like

  14. Zippy says:

    “Delay! Delay! Midterms only five months away!”

    Like

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