The DOJ made a move today after a failed attempt to label Michael Flynn a co-conspirator in the case against his former business partner Bijan Rafiekian. [Backstory Here]
In today’s development [h/t Techno Fog] the DOJ is calling Michael Flynn Jr as a witness to replace the witness testimony of his father, Lt. Gen Gen Michael Flynn.
Given what we know about how the DOJ pressured Michael Flynn Sr. to take the plea deal based on threats against his son Flynn Jr; and against the backdrop of the DOJ losing with Judge Anthony Trenga in EDVA; the DOJ now appears to be re-leveraging the original plea to compel cooperation from Jr.
This explains why the DOJ said yesterday they would await the DC sentencing (against Flynn Sr.) pending the outcome of the EDVA case against Bijan Rafiekian.
The DOJ in DC said they anticipated Flynn Sr might be a witness for Rafiekian’s defense; so they’ve moved to put Flynn Jr. in opposition to any potentially supportive testimony from Flynn Sr. in EDVA by revisiting (re-leveraging) the threat against Flynn Jr.
If Flynn Jr. didn’t agree to testify in the Rafiekian case, the DOJ would likely have cancelled his father’s plea agreement in DC and re-initiated cases -with new charges- against both Flynns’.
This also explains why corrupt U.S. Attorney Jessie Liu added new lawyers in the DC case. Sneaky bastards. In essence, Jessie Liu is anticipating a change in plea from Flynn, per new Flynn lawyer Sidney Powell, and proactively positioning the DC case to reignite against both the father and the son if: (a) the Rafiekian case goes sideways; or, (b) Flynn Sr. changes his plea agreement.
The benefits for purposefully charging in two distinct courts now surfaces.
All of that said, it’s worth revisiting how Rod Rosenstein empowered Robert Mueller to target Michael Flynn Jr. as leverage over his father Michael Flynn Jr. Rosenstein created the leverage Mueller and Weissmann needed with the October 20th, 2017, scope memo.
The October 20th, 2017, third scope memo is what AG Bill Barr is hiding so that he can protect his friends Robert Mueller and Rod Rosenstein. In my opinion this institutional preservation objective is the primary reason why AG Barr asked President Trump to abdicate to him unilateral declassification authority.
Yes, it appears AG Bill Barr is using his complete control over declassification as a tool to protect the institution from sunlight upon the corrupt activity previously carried out. At the very least he’s using his new authority to mitigate the damage. If he wasn’t covering up for their wrongdoing; and considering the Mueller investigation is long since over; Barr would have already declassified the scope memos that showed under what legal authority the Mueller probe was operating.
This motive for AG Barr is not difficult to see. With the Muller investigation complete, there is simply no valid reason to keep the scope memos hidden; except to protect former Deputy Attorney General, Rod Rosenstein.
The original authorization for the appointment of Special Counsel Robert Mueller was May 17th, 2017. However, when Mueller released his report it showed there were two additional scope memos authorizing specific targeting by the Mueller probe.
The second scope memo was August 2nd, 2017, OUTLINED HERE, and is an important part of the puzzle that helps explain the corrupt original purpose of the special counsel.
The third scope memo was issued by Rod Rosenstein to Robert Mueller on October 20th, 2017. The transparent intent of the third scope memo was to provide Weissmann and Mueller with ammunition and authority to investigate specific targets, for specific purposes. One of those targets was General Michael Flynn’s son, Michael Flynn Jr.
As you review the highlighted portion below, found on pages 12 and 13 of the Weissmann report, read slowly and fully absorb the intent; the corruption is blood-boiling:
This third scope memo allowed Weissmann and Mueller to target tangentially related persons and entities bringing in Michael Cohen, Richard Gates, Roger Stone and Michael Flynn Jr. Additionally and strategically (you’ll see why), this memo established the authority to pursue “jointly undertaken activity“.
With Paul Manafort outlined as an investigative target in the original authorization and the second scope memo, the third scope memo authorizes expansion to his business partner Richard Gates and their joint businesses. This memo also permits the investigation of Trump’s lawyer Michael Cohen and all of his interests; and in ultimate weasel sunlight, Rosenstein authorizes an investigation of his boss, AG Jeff Sessions.
Before getting to more targets, notice the underlined passage about starting with a lot of investigative material because the special counsel was picking up a Russian interference investigation that had been ongoing for “nearly 10 months.”
The four identified targets within the original July 2016 investigation, “Operation Crossfire Hurricane”, were George Papadopoulos, Michael Flynn, Paul Manafort and Carter Page. (See HPSCI report):
General Flynn was under investigation from the outset in mid-2016. The fraudulent FBI counterintelligence operation, established by CIA Director John Brennan, had Flynn as one of the early targets when Brennan handed the originating electronic communication “EC” to FBI Director James Comey.
The investigation of General Flynn never stopped throughout 2016 and led to the second investigative issue of his phone call with Russian Ambassador Kislyak in December 2016:
Back to the Page #12 October 20th Scope Memo:
The first redaction listed under “personal privacy” does not appear to represent an individual, rather it’s an organization. However, The second related redaction is a specific person, Michael Flynn Jr.
In combination with the October timing, the addition of Flynn Jr to the target list relates to the ongoing 2016/2017 investigation of his father, General Michael Flynn, for: (1) possible conspiracy with a foreign government; (2) unregistered lobbying; (3) materially false statements and omissions on 2017 FARA documents; and (4) lying to the FBI.
This October 20th, 2017, request from Weissmann and Mueller aligns with the time-frame were special counsel team lawyers Brandon L. Van Grack and Zainab N. Ahmad were prosecuting Michael Flynn and attempting to force him into a guilty plea.
Getting Rosenstein to authorize adding Mike Flynn Jr. to the target list (scope memo) meant the special counsel could threaten General Flynn with the indictment of his son as a co-conspirator tied to the Turkish lobbying issue (which they did) if he doesn’t agree to a plea. Remember: “jointly undertaken activity“.
The October 20th, 2017, expanded scope memo authorized Mueller to start demanding records, phones, electronic devices and other evidence from Mike Flynn Jr, and provided the leverage Weissmann wanted. After all, Mike Flynn Jr. had a four month old baby.
The amount of twisted pressure from this corrupt team of prosecutors is sickening. A month later, General Flynn was signing a plea agreement:
I suspect the DOJ-NSD knew Flynn was lobbying for clients closely related to the Turkish government. I suspect Flynn was already under Title-3 surveillance (confirmed by Mueller report) and this lobbying issue -SPECIFICALLY THE NOV 8th OP ED- likely became the legal predicate for a Flynn Title-1 FISA warrant.
This is an important element that most have missed. The Op-Ed written by General Flynn became of significant interest for the DOJ-NSD (Laufman) because it enabled investigators to jump from Title III surveillance to Title I (FISA) surveillance:
WASHINGTON—The investigation into former national security adviser Mike Flynn began soon after a Justice Department staffer noticed a Nov. 8, 2016, op-ed article by the retired Army general in the congressional publication The Hill, according to a person familiar with the matter.
In the article, Mr. Flynn championed closer U.S. ties with Turkish President Recep Tayyip Erdogan and maligned the Turkish government’s No. 1 foe, U.S.-based cleric Fethullah Gulen.
The piece didn’t disclose Mr. Flynn’s business relationship with Turkish interests.
The Justice Department staffer, who works in the office that enforces the Foreign Agents Registration Act, or FARA, checked the database of people registered to represent foreign interests. He found no entry for Mr. Flynn and sent him a letter inquiring about the article, according to this person, who said the staffer’s query triggered the FARA investigation. (read more)
[Go Deep To See] That 2016 FISA warrant, likely approved by FISA Judge Rudy Contreras, allowed the DOJ-NSD -via FBI (Strzok)- to launch a Title-One counterintelligence investigation into the people who hired Flynn as a lobbyist.
If my suspicion is correct, in addition to the larger surveillance issues upon Flynn, the DOJ-NSD knew the people who contracted with Flynn and Rafiekian were a ‘front‘ for senior Turkish officials (not withstanding possible WH coordination).
So when Flynn was confronted by DOJ-NSD head David Laufman, he was being *interviewed* by a DOJ official who knew more about the contract initiator than Flynn himself did. The DOJ-NSD and David Laufman was involved because manipulating FARA violations was their prior preferred approach to conduct political surveillance (SEE HERE).
David Laufman then pressured Flynn in January 2017 to sign a FARA submission, knowing it contained material that was false, but unbeknownst to Flynn. This later became the predicate for the FARA case against Flynn and Rafiekian.
However, there’s a twist as highlighted recently by Judge Trenga order.
The DOJ (Laufman first) knew the background of the FARA filing was false because they had conducted a FISA Title-1 investigation prior to the Flynn FARA submission; and the DOJ (Mueller team now in 2017) knew the Turkish government was behind the lobbying contract…..
….But the DOJ cannot tell the court how they knew the lobbying contract was from the Turkish government, because they didn’t want to reveal the FISA surveillance; AND the DOJ may have an additional interest… because the contract might have been somewhat coordinated by the Obama White House (pro-brotherhood, and pro-Erdogan).