Hold the Phone on Flynn Sentencing – Judge Emmet Sullivan Has Questions…

Interesting, very interesting.  As noted in the Flynn sentencing memo last night there were some curiously framed explanations of events surrounding his FBI inquisition.

Now Judge Emmet Sullivan wants expanded information, and wishes to see the actual notes (FD-302) that were mentioned by Flynn; and Judge Sullivan is directing the special counsel to provide all documents created by the FBI surrounding the Flynn interview:

(Source Link)

(Link to Defense Version of Flynn Sentencing Memo)

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593 Responses to Hold the Phone on Flynn Sentencing – Judge Emmet Sullivan Has Questions…

  1. Convert says:

    https://mobile.twitter.com/seanmdav/status/1073226734969995264
    Just in case you guys haven’t seen this this is huge! Sean Davis points out that Comey evidently testified under oath? That he had seen the Flynn 302s while he was director. Either he’s lying or this is documented proof there was an earlier 302

    Liked by 3 people

    • mr.piddles says:

      What the Hell am I missing here… Where does this August 2017 302 come from?!?!?

      I seriously missed a critical step. Here’s what I know:
      * Flynn is interviewed in Jan 2017
      * McCabe has Strzok doctor a 302 for him in Feb 2017

      “February 14th, 2017, text messages – here is a note about the FBI reports filed from the Flynn interview. Peter Strzok asks Lisa Page if FBI Deputy Director Andrew McCabe is OK with his report: “Also, is Andy good with F-302?””

      https://theconservativetreehouse.com/2018/12/11/flynn-sentencing-memo-outlines-the-set-up-created-by-andrew-mccabe

      Now there’s a August 2017 302 as well? Since when?

      Thought I was paying attention…

      Liked by 3 people

      • Lefty says:

        I’m assuming that someone in the FBI, perhaps even Mueller’s team, rewrote the F-302’s to lessen stzrok’s involvement. Remember, the Strzok/Page texts hit the news and Strzok was removed from the SC team due to his ‘perceived’ bias. He was not removed because of his actual bias, which the entire SC team holds, but he was removed because his bias had become public via the release of the texts. At that point, the SC would want to downplay his earlier involvment in things such as the Flynn interview, his subsequent F302’s etc… My guess is that the SC team decided to rewrite the earlier F302 to lessen Strzok’s involvement and probably had the other agent in the interview (agent Pientka) rewrite the F302 to lessen reliance on Strzok.

        Liked by 2 people

        • mr.piddles says:

          OK, I think I see how the timeline might line up. And after reading earlier comments I see this Aug 2017 thing is only coming up now per the Footnote 23 reference.

          So Strzok/McCabe produce a fake 302 in Feb 2017. Strzok subsequently goes on SC team, SC goes after Flynn… now what, Strzok creates a DIFFERENT fake 302?

          Two possibilities, I think:
          1.) The Feb 2017 was a DRAFT on a cocktail napkin that was never entered into the system, and it would only be entered when/if needed. The draft is massaged however they please, the final result of which is the Aug 2017 302; or
          2.) The Feb 2017 302 was not a draft and it was entered into the system at the time. However, as of Aug 2017 Strzok knows the IG has all of his texts, including the ones about the fake 302 — uh oh! Need another fake 302! Don’t forget to delete and burn all those earlier copies, Pete…

          So then you get into who on the SC team knew the whole thing was a sham… probably everybody. Strzok was probably only dismissed after significant pressure from IG, Internal Affairs, whatever. Mueller pushed back for a couple weeks, IIRC.

          The bigger question I have is… when did Team Flynn find out about this Aug 2017 302 and when did they find out about the Feb 2017 texts? All you have to do is add 1+1 and see that you’re not coming up with the expected “2”… so why is all this happening now at the very end stages of this process? Should have happened months ago. Right?

          Liked by 2 people

          • Sugarhillhardrock says:

            Mr.P,
            I can’t explain it all either. I think your logic is likely largely correct.

            I can say that if the notes are not produced, or an earlier 302 is uncovered with information at variance with the later 302, August or any other dates, Brady has been abrogated, and Judge Sullivan is going to let Flynn withdraw the plea at a minimum as it was not knowingly offered based upon the State’s lack of candor.

            Tomorrow close of business in the Sullivan court clerks office will be interesting, and his court room will be must see on the 18th of December.

            Liked by 2 people

            • OmegaManBlue says:

              Flynn won’t withdraw plea. Mueller will just go after him for other stuff. He best option, if given your option, is to say your honor I have to plea to this or Mueller drains me of more money and goes after my family. I can’t continue. Of course doing that will cause Muller to charge him with new stuff.

              Liked by 1 person

              • Dr.Jay says:

                Flynn does not need to withdraw plea. In case the 302 ar doctored then you may assume that the judge rules tosses plea and rules no further prosecution. When he does so then it’s based upon doctoring of evidence, not Brady violations, so he will also refer the involved parties to the DOJ for false statements to the courts, witness and evidence tampering, etc. Also makes it impossible to prosecute & retry on any other stuff covered by the plea.

                Liked by 2 people

          • Mr. P- agree completely with your analysis and conclusion. Something is very rotten here and stinks to high heaven.

            Like

        • mr.piddles says:

          “My guess is that the SC team decided to rewrite the earlier F302 to lessen Strzok’s involvement and probably had the other agent in the interview (agent Pientka) rewrite the F302 to lessen reliance on Strzok.”

          And yes, that would make sense too. I just like the image of Strzok scurrying around his office at 1:30AM with his hair on fire, emptying out all his file cabinets looking for the cocktail napkin… Oops! Left it on Lisa’s nightstand!

          Liked by 1 person

          • WILLIAM COR says:

            Hey, speaking of these judges, can anybody tell me what has gotten into Judge Napolitono on Fox in recent months? I used to love the guy, but lately everything he says turns my stomach. I remember he got into some kind of trouble for something he reported about the Brits, was taken off the air for a while, and ever since he sounds like an apologist for the deep state.

            Liked by 4 people

            • Patsy says:

              He told the truth about Brit spying on Trump. Went to reindoctrination camp. There…

              Liked by 3 people

              • MGBSE says:

                What about obama spying on May and Merkle?

                Liked by 1 person

              • WILLIAM COR says:

                Very disheartening to me in any case – we lose too many good minds to the dark side like this. Sad and worrisome. Reminds me of the Felllowship of the Ring and Saruman, Boromir, others. Life imitating fiction. Rush Limbaugh today also noted how Judge Nap is getting things wrong, so people have noticed.

                Liked by 1 person

                • Bill Hollinger says:

                  “Noticed”? He has become rabidly anti-Trump for some time now. He had a couple of pieces in the Washington Times today. They, Varney and others at Fox need to quit giving him a platform to spew this garbage.

                  Like

    • Dr.Jay says:

      Nice one, as is this interaction on twitter:

      Margot Cleveland
      @ProfMJCleveland
      39m
      Great. Then you can realize that this article includes entirely new information.

      Bradley P. Moss
      @BradMossEsq
      37m
      But again it assumes Fynn’s qualified lawyers dropped the ball on this. I don’t believe that

      Margot Cleveland
      @ProfMJCleveland
      34m
      Oh, not at all. In fact in reading Flynn’s sentencing memorandum, I realized how wise his attorneys are! A plea reversal would have risked more charges and a sentence. Instead, knowing Sullivan’s background, Flynn’s attorneys dropped footnote, noted how Flynn stuck to plea 1/

      Margot Cleveland
      @ProfMJCleveland
      33m
      2/ even when others suggested he shouldn’t (myself included). Dropped note of McCabe’s memo dated same day as interview, contrasting with 302 from ~7 months later. Drop footnote that 302/McCabe’s memo were shared per Court’s order. Setting Flynn up for 0 prison time & Sullivan

      Margot Cleveland
      @ProfMJCleveland
      30m
      3/ can take it from there while Flynn stays above the fray. And it worked. And we also now know there were at least two 302s related to Flynn’s interview. And heaven help Mueller’s team if they didn’t turn everything over to Flynn’s attorneys re those 302 etc. You should see

      Liked by 2 people

  2. shirley49 says:

    Congress requested these same documents and never got them. Apparently Congress has no power and are totally irrelevant. If the Judge does not get them he should find Flynn innocent and make Mueller and his tribe of treasonous lawyers repay every penny he lost.

    Liked by 6 people

    • Sherri Young says:

      Lack of evidence if incomplete 302 file? Works for me.

      Liked by 1 person

    • Beau Geste says:

      The Court should not be an enabler of the political entrapment gestapo to admittedly “get Flynn to get Trump”. The crooked mueller, weissman team wants the Federal Court to be an evil British Star Chamber secret torture-and-prosecution court that our Founders fought to prevent. Permitting such a fiasco would irreparably damage public belief in the court system. General Flynn should be awarded attorney’s fees, so he can buy his house back. The Court has the power to fine individual attorneys, so taxpayers are not footing the bill for gestapo politics. The mueller crew has a history of unethical practice. They should be disbarred from practice in the federal court, and referred to their respective state bar associations for full disbarment.

      Liked by 5 people

    • OmegaManBlue says:

      The DOJ doesn’t need anything right now from congress. The democrats are also taking over in the house so even less incentive for them to give them what they want. Mueller on the other hand wants Flynn convicted and sentenced. To get that he has to turn over what the judge wants.

      Liked by 2 people

  3. mr.piddles says:

    Another important tidbit with respect to which 302 was a draft, how many drafts existed, which was the “official” 302, etc… Strzok texts Page in Feb 2017: “Launch on f 302”. That to me means they’re going forward with the Feb 2017 version… i.e., it’s not a draft. If that’s the case then the August 2017 version was either: a.) a major rewrite of an existing non-draft, or b.) a totally new version (and the Feb version destroyed). These 302’s are recorded and entered into a system, correct?

    Liked by 2 people

    • MILupper says:

      Judge Sullivan in his order also requires that the government( Meuller’s Team) to turn over “any” 302’s pertaining to Gen. Flynn. If the prosecutors claim that the contemporaneous(12/24-25/16) 302’s written after the interview are lost the whole case can be tossed.

      Liked by 2 people

      • MILupper says:

        Another point is if the prosecutors turn over 302’s that were not provided to the defense team then the charges can also be dropped for failure to provide the defense with all relevant documents.

        Liked by 1 person

  4. rocketride says:

    It looks from here like they tricked him into this interview under the pretense that he wasn’t being investigated. So, they didn’t Mirandize him, which would have spoiled the ruse. Given that he never was Mirandized, that alone makes the interrogation’s results subject to the Exclusionary Rule and everything downstream ‘Fruit of the Poison Tree’.

    My understanding is that the Judge could vacate Flynn’s guilty plea and hand down a summary judgement of ‘Not Guilty’. Other sanctions against the Persecution are possible.

    Liked by 3 people

    • rocketride says:

      All of this s–t-show already being downstream of the initial fradulently obtained surveilllance order(s) against Carter Page. So, it’s poisonous (at least) squared.

      Liked by 3 people

      • nimrodman says:

        “It looks from here like they tricked him into this interview under the pretense that he wasn’t being investigated.”

        More than that, I think.

        I won’t go back and look at the early reports on this topic but I pretty strongly recall at the time that this was represented to Gen Flynn as FBI requesting a “meeting”, not an interview or potential questioning of Flynn.

        You know – like an interagency meeting of gummint officials.

        The early reporting mentioned that Gen Flynn was “used to working with other agencies” in this fashion.

        I think Flynn thought he was going to a “meeting” – not being “questioned” by FBI agents.

        So his guard was entirely down and he didn’t involve White House counsel in the “meeting”.

        Like

    • mr.piddles says:

      “sanctions against the Persecution”

      Indeed!

      Liked by 1 person

    • T man says:

      This would be a great scenario. Vacate his pleas and find him not guilty would be another dagger to the heart of the witch hunt.

      Liked by 4 people

    • bonami says:

      From what I have read the FBI is not required to Mirandize someone who is interviewed but not charged with a crime, a rather nasty loophole.
      And McCabe said in a press interview the day prior to Flynn’s interview that Flynn was not under scrutiny thereby creating the assumption that the FBI visit was just a friendly chat. If the Judge is aware of all that happened to crush Flynn, this tale may have a happy ending, for Flynn at least

      Liked by 2 people

  5. Beau Geste says:

    General Flynn was “unguarded” and clearly “saw the FBI as allies”. He foolishly thought he was on the USA Team, not the treason team. The FBI had a written full transcript of a phone conversation they did not tell him about. What is the purpose of asking questions of someone when all the entire phone conversation is fully known? While tricking him into thinking they were “allies” he might be able to help in some way. There is no legitimate purpose whatsoever. Evil trickery, intentional entrapment plan for a scam fake “process crime” to support a purely corrupt political charge to bankrupt General Flynn because obama didn’t like him, to “get Trump”.
    These people are evil slime. The Court system has an obligation to purge them from and prevent them from harming anyone else in their political conspiracies. The Court should release all the records as a demonstration of judicial integrity. There is no reason for secrecy – everyone knows the NSA can tap phones, and that the FBI refuses video because form 302s are made up afterwards to fit a narrative rather than the facts. If the court condones and accepts this behavior, it had forfeited its Constitutional responsibility, and is complicit in gestapo Star Chamber behavior.

    Judge Sullivan has seen this before, so I’m hopeful he will do his duty.

    Liked by 4 people

  6. avman1339 says:

    Here’s to hoping that General Mike Flynn gets some relief from the persecution that he has endured.
    When (or will they ever) will they indict and charge the real Constitution shredding criminals who have been exposed in this scandal?

    Liked by 1 person

    • T man says:

      If it takes to long, there is no real justice. Due process requires that things be done timely. Otherwise, evidence is lost, memories fade, “facts” change. To go back and ask Hillary or Cheryl Mills or Huma Abedin or Comey or Strzoc etc to recall what they did or said 2 years ago is ridiculous. All they have to do is exactly what Comey did. He doesn’t recall. I would hope they have interrogated all of these people months ago. With the way things have been going, I doubt it. That means they all skate and the attempted coup is a success. Even without removing Trump, they damaged him and won a midterm elections.

      Liked by 2 people

  7. avman1339 says:

    Here’s to hoping that General Mike Flynn gets some relief from the persecution that he has endured.
    When (or will they ever) will they indict and charge the real Constitution shredding criminals who have been exposed in this scandal?

    Liked by 2 people

  8. Palmettoman says:

    Mueller knew he was in trouble with Flynn from the get-go which is why he waited so long before sentencing. Then wanted it to be a slap on the wrist to make it all go away.

    Sounds like this Judge wants to get it all out in the open. Hopefully, he holds the SC in contempt for using this garbage to destroy a good man. I would love to see the US Marshals arrest Mueller and every one of his team.

    Liked by 2 people

    • Beau Geste says:

      Palmettoman, Lets add comey to those who you think should be arrested:
      Judge Sullivan should now know Comey just admitted he personally ordered the agents to interview General Flynn behind the back of White House Counsel. It is unethical to directly and knowingly entrap people being investigated, when they are known to have counsel. comey and his agents should be disbarred for this. Comey also admitted he wouldn’t have “gotten away with” this unethical entrapment behavior, except it was early in the administration’s organization.

      Liked by 1 person

    • mr.piddles says:

      From a couple days ago, if you missed it. Opinion piece from a Mueller ally (former assistant director)…

      https://thehill.com/opinion/white-house/420443-muellers-real-challenge

      “His real challenge lies with the American people and our right to expect that justice in the United States is, always and everywhere, delivered with sterile impartiality. […]

      Yet, out in Normaltown, USA, that is exactly what things look like right now. Robert Mueller, former FBI director, was asked to be a special counsel and handed a steaming pile of weak fact patterns that, under normal circumstances, would have been handled quite differently.”

      Oopsy! Exit Stage Left… and let the spin begin…

      Liked by 1 person

      • Beau Geste says:

        Mr. Piddles, good find.
        According to your link, Kevin R. Brock, muller’s syncophant, claims that authority to investigate “Russian efforts to interfere with the 2016 presidential election” prohibits mueller from investigating hillary and DNC work with russians, based on russian allegations, to use the russian “pee pee” dossier to influence the election. Brock bizarrely claims that “links and coordination engineered by the Clinton campaign with Russian intelligence operatives to get dirt on Donald Trump” (with a crooked FBI/DOJ) are prohibited from mueller’s investigation, which mueller can use as an “excuse if his final report appears one-sided”.

        This presages LOTS of BS and excuses from mueller, for again excusing and protecting the clintons, as he has done thrpughout his career.

        Liked by 2 people

      • mr.piddles says:

        Boo on me… My quote of the article was misleading. Sorry! Should be more like:

        “His real challenge lies with the American people and our right to expect that justice in the United States is, always and everywhere, delivered with sterile impartiality. […] And, while politics is necessary for governance in a country such as ours, a supreme value is that the justice system will not be manipulated and used by one political party against another to gain political advantage.

        Yet, out in Normaltown, USA, that is exactly what things look like right now. [insert spin here, etc.]”

        Liked by 1 person

        • Beau Geste says:

          Yup, mueller’s pre-apologist Brock claims that “federal crimes arising from the investigation of these matters” does not include hillary/DNC fabrication of the “pee-pee .dossier” with russian operatives, but it does justify armed raids on hillary’s “enemies” A raid on PT’s lawyer Cohen is OK, but not on hillary’s or DNC’s counsel perkins-coie, that covered up the russian=collusion dossier as non-reportable “legal fees” A raid on manafort is OK, but not on hillary/DNC’s podesta. A raid on a clinton foundation/FBI whistleblower id OK, but not on the clinton foundation or its officers. Investigation and bugging of Trump Tower and a 20 minute meeting with a russian lawyer are OK, but not Fusion GPS that paid for the russian dossier and hired crooked FBI agent’s wife who uses Ham radio for communication.

          So pro-mueller Brok’s article is to prepare the battlefield about how mueller’s biased misuse of federal power should be explained to Normaltown, to fool US citizens into thinking his “investigation” prevented him from investigating the actual russian effort to derail President Trump’s campaign, via conspiring with hillary/Fusion/ohr/russians/perkins-coie/steele/british government/FBI/DOJ/obama-unmaskers.

          Tough sell….

          Liked by 1 person

    • jebg46 says:

      Mueller was also hoping for a complete blue wave of the Congressional House and Senate then it would be buried in the impeachment he has set up for the spy gate coup conspirators. He was sent in to destroy the tails of evidence for many of Obama/hillary’s horrendous acts against the USA, including Uranium one, funding Isis, theft of our intellectual and defense IT property..

      Judge Sullivan has re-ignited our glimmer of hope for equal Justice under our Constitutional Republic’s laws. Trying very hard not to let it flare into a huge bonfire. Praying unceasingly.

      Liked by 4 people

  9. spren says:

    Another item rarely brought up is regarding a few years ago when Flynn went to bat as a character witness for a young woman on McCabe’s staff who had brought sexual discrimination charges against McCabe for failure to grant her a deserved promotion. Flynn said she was one of the finest intelligence experts he had worked with and backed up her suspicions she was being blocked from promotion unjustly. Did McCabe carry a grudge against Flynn that was at play in this sordid episode?

    Liked by 3 people

  10. Bendix says:

    I can’t follow all this and keep it straight.
    How does this theory (which I posted about the other day) tie into the topic at hand today?
    https://www.zerohedge.com/news/2018-12-10/not-so-fast-kunstler-warns-resistances-victory-orgasms-may-prove-premature

    “Gen. Flynn may actually have the goods on the fraud behind his own prosecution — namely, proof of exactly how he was set up by Mr. Obama”

    “…that line of reasoning suggests that Gen. Flynn will just forget about the disgrace Mr. Mueller put him through and let bygones be bygones. That’s not how warriors roll. More likely, Gen. Flynn has something more severe in mind. For all of his horse-faced gravitas in the photos of his fleeting sightings, Mr. Mueller does not look to me like a man in a comfortable situation.”

    Liked by 3 people

    • WSB says:

      Bendix, John Solomon was on Hannity tonight and has info that there is exclulpatory evidence at the DIA about General Flynn.

      Could very well be your hypothesis. This was Flynn’s department from what I remember.

      Like

  11. Bill Henslee says:

    Proper procedure would have been for the FBI to go through the WH Counsel to set up an interview of Flynn for counter intelligence purposes. That would be the alert that Flynn was being interrogated, not just a friendly conversation between counter intelligence professionals.

    And Comey is on tape saying that although that was the proper procedure, he decided to just send a couple of agents over after only a few days in the job as the nominee to head the NSC.

    Liked by 2 people

  12. Gary Lacey says:

    Judge Sullivan could find there is prosecutoroial misconduct in this case…..so who does he turn the case over to…the corrupt Dept of Justice?

    Liked by 3 people

  13. The Prosecutor discretion /immunity laws make it hard to sue prosecutors . The Police Officers in the Freddie Gray case found that out and the Judge sanction the Prosecutors 5 times in trials.

    Like

  14. Bud says:

    Several Investigative reporters I follow are predicting this case will be tossed and Flynn vindicated…….Sundance?

    Liked by 1 person

    • mr.piddles says:

      Not good enough! Mueller’s Weiner Dog needs to be disbarred. IMO. Assuming this plays out like it’s looking like, and he didn’t learn his lesson the first few times around.

      “42 strikes and you’re OUTTA HERE, PAL!!!”

      Liked by 1 person

  15. Dan Dan says:

    ICYMI 🤔🤨

    Liked by 1 person

  16. WSB says:

    John Solomon just let something drop tonight about the Flynn case.

    He believes the President does not know about this, and that one lawmaker tried to bring this up but the DIA thwarted him.

    There is a document that John Solomon says originated in May 2017 from the DIA, and that should be unearthed. Exculpatory evidence awaiting.

    Like

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