Prosecution Responds to Flynn Discovery Motion – Government Refuses to Provide Any Additional Evidence…

The DOJ responds today to the Flynn motion for additional evidence; ie. Brady material requested by Flynn’s defense.   In the governments’ response filing (full pdf below), the DOJ rejects any additional efforts to provide evidence, and requests Judge Emmet Sullivan proceed directly to sentencing:

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Additionally, the government filed a weird appendix, intended to highlight the amount of Brady material the prosecution has turned over to the defense team.  However, it is notable the appendix is full of “summaries of” instead of the raw underlying evidence.

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I will have more on these filings later.  Please add your input. I’m currently doing a rather detailed review of background schedules for Pelosi staff in order to outline an impeachment plan update.  /SD

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This entry was posted in AG Bill Barr, Big Government, Big Stupid Government, Deep State, Dept Of Justice, Donald Trump, Donald Trump Transition, Election 2016, FBI, IG Report Comey, IG Report FISA Abuse, IG Report McCabe, Notorious Liars, Professional Idiots, propaganda, Spygate, Spying, THE BIG UGLY, Typical Prog Behavior, Uncategorized. Bookmark the permalink.

319 Responses to Prosecution Responds to Flynn Discovery Motion – Government Refuses to Provide Any Additional Evidence…

  1. Genie says:

    Prosecutor Van Grack lists 40 numbered responses. Defense attorney Powell listed 34 numbered requests. Did I miss an addendum somewhere along the trail?

    Liked by 2 people

    • ristvan says:

      Yes Powell’s request pleading had two parts. 34 was the first part; there were another 6 concerning a related line of reasoning.

      Liked by 5 people

      • Meagara says:

        Prior to his guilty plea, the government provided to the defendant information that could arguably be construed as exculpatory to that offense.

        They have exculpatory evidence regarding the other defenses charged. They don’t want to turn it over. But certain Flynn made calculation to plea guilty to one charge based on weighing the evidence over all the charges?

        Why trust the govt any ways to say what’s exculpatory to what offense?

        The rest of arguments are “we gave them so much already” and “the f…K Flynn” sounds so stupid! It prolly is stupid, first reported by, or invented by, twitter personality“True Pundit”.

        Liked by 2 people

        • Kintbury says:

          I have not stayed at a Holiday Inn lately but I believe that his new attorney is entitled to see this information especially as his previous ones appear to have done a piss poor job of representing him, in my opinion. I would demand a refund.

          Liked by 5 people

        • Hoop says:

          And of course the volume or number of times or total pages of materials given over from the government/prosecution to the defense is not as important as the single page of information that is truly exculpatory – and that is the item the government is hiding.

          The judge now knows the government is hiding information ‘critical’ to the defense. The case should be tossed out.

          Like

      • swimeasy says:

        Thanks ristvan. I was of the opinion that the prosecution was actually giving Judge Sullivan more reasons to dismiss the charges against Flynn by not providing the relevant information Sydney so expertly detailed.

        That would seem to be closer to a “justice served” opinion with the exception the civil suits I hope General Flynn is planning.

        Liked by 1 person

        • Dixie T says:

          Plus, Judge Sullivan held a “private session” with Sidney Powell, earlier in September (Sept. 5th, I believe), where the Prosecutors were NOT present, right after Powell filed her motion request more “exculpatory and impeaching evidence.” I think the Judge was “curious” after ready her 40 requests—-especially the polygraph test the FBI gave to Flynn and he PASSED!!! Mueller’s team has withheld that information from her, also! The Judge gave Prosecutors 19 days to “respond” to Powell’s filing—-and the above is what they filed.

          Liked by 4 people

          • jbrickley says:

            Judge Sullivan strikes me as a man who doesn’t like games. This shall be interesting. Pretty sure he’s admonished the prosecution repeatedly.

            Like

      • Dixie T says:

        You’re correct—Powell had 40, in total.

        Like

    • Dewey Stryve says:

      Can trump commute Flynn’s sentence using coercion and bad boy stroyk’s illegal behavior?

      Like

  2. Gil Stonebarger says:

    sullivan will let the guilty plea stand….we lost a long time ago because too many people counted on sessions and “white hats”

    Liked by 5 people

  3. John Obidienzo says:

    ‘Summaries of evidence” rather than “raw evidence”??

    As pattern and practice has it:

    “Prosecutor Brandon Van Grack filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, 2017, and a delay in the official filing of the interview notes (FD-302) on February 15th, 2017, and then another edit on May 31st, 2017..” Sundance

    Changing evidence or testimony in second and third hand accounts is one of the black arts of legal manipulation. Another is changing the parameters of the rules themselves, such as was done with the whistleblower guidelines.

    Liked by 9 people

  4. Gary says:

    And the day before,Sidney gives the judge his reason for the guilty plea. Very good timing on Sidney’s part.

    Liked by 9 people

  5. dndf24 says:

    narrative hangin by a thread, if that!

    Liked by 1 person

  6. PoxOnTheDNC says:

    Barr/Trump should immediately un-redact and declassify just one single document that is damming to the prosecutions Brady violations and stonewalling to prove the Brandon Van Grack is a lying sack of puss.

    Liked by 12 people

    • Beau Geste says:

      Exactly, Pox. Assuming jusge Sullivan does not order production, will either Barr or President Trump do it?

      Bar, of course is responsible for his “Justice” department’s filing here, refusing any records. AG Barr is acting as part of the stonewall protection of the swamp.

      So, will President Trump order declassification of even “one single document”?

      If not, there is something very, very wrong.

      Liked by 4 people

      • WVPatriot says:

        Has anyone considered that a great number of the DC government traitorous employees/lawyers are making this play hoping that our brilliant President Trump will make a move that can be used in the “BROADEST” — LAWFARE — interpretation for obstruction of justice? Think un-Constitutional interpretation.

        Our President Donald John Trump is a planner; he does not react.

        By-the-way…how about a wee bit of optimism. Smile, and be very thankful that we are AMERICANS!!!!!

        Liked by 5 people

      • The Third Man says:

        Great, often overlooked, point Beau Geste.

        Like

  7. I guess this is one last throw of the dice by Govt , throw something/anything against wall and see if sticks, worse case they lose case /ruling by Sullivan , but maybe he gives them a bone anyway ? Better than having to ADMIT something way way off on this mess. The Govt lawyers are “never wrong” they just move on to the next case without missing a step. Working in Govt has its advantages- no consequences as long keep marching in step

    Liked by 5 people

  8. OldParatrooper says:

    Every time the FBI or DOJ has been forced to surrender the original documents, the documents have shown their malfeasance. Redacting things that made them look bad, hiding exculpatory evidence, and dissembling about why are their trademarks.

    The American people wont trust either organization until the corruption is cleaned up.

    Liked by 10 people

    • Orville R. Bacher says:

      All the Apparatchiks infested in U.S. government agencies, withhold and redact to cover their crimes. There is never a legitimate reason.
      And they are all counting on getting President Trump impeached so they can tell the voters that voted for Trump to go to hell, and like it.

      Liked by 3 people

      • Beau Geste says:

        Exactly – release the records, and let the public see what embarrassment and evidence of malfeasance is “classified” to protect the guilty government wrongdoers. Remember when the $75,000 cost of a conference table was redacted as classified information, release of which would destroy our national security, and all our “sources and methods”??

        ALL of the many records the crooked DOJ, State Department, etc. have tried to hide from Judicial Watch, are evidence of withholding to hide wrongdoing. It should be criminal.

        Liked by 5 people

        • Dutchman says:

          B.G.,
          Actually, using classification to hide malfeasance, wrongdoing or ’embarrasing’ info, in fact IS Criminal.

          And the Irony is, Obomination signed the law, making it criminal! Lol, cause he knew his Just-us dept. would NEVER prosecute anyone for it!

          Liked by 1 person

          • Beau Geste says:

            Dutch, if I recall correctly, this was one of obama’s first Executive Orders, directing Agencies to be more open about releasing FOIA records, and nor using classification just to hide embarrassment. Not a “law”, but perhaps violating an obama-era EO could be grounds for firing SES employees?

            Like

            • Dutchman says:

              Actually, I THINK an EO has “the force of law”, although not sure about that.
              Beyond an EO, it certainly SHOULD be a law,…oh, that would require CONgress to write and pass it,….
              Never mind!

              Like

    • Chewbarkah says:

      “The American people wont trust either organization until the corruption is cleaned up.”

      Unfortunately, we are seeing blatant corruption precisely because the CIA and FBI simply DO NOT CARE whether the public trusts them. They have the news media in their pocket and feel invulnerable. We can only hope they have a date at the corner of Hubris & Nemesis.

      Like

    • Spatch says:

      Even then, they can never be trusted…

      Like

  9. BTW this is heading for a early Pardon regardless, I believe, like Sheriff Joe case in Arizona

    Liked by 1 person

    • Beau Geste says:

      A “Pardon” without release of the requested records to protect swamp criminality, is an admission of guilt.
      PDJT needs to release the records to Congress and the public, if judge Sullivan hides them.

      Liked by 8 people

    • mike says:

      Why early pardon? Make Judge Sullivan commit himself about DoJ’s swampiness too – like throw Flynn case out and sanction DoJ lawyers personally. To me Sulivan is still weak on rights, he was way late on Senator Stevens being abused by DoJ. DoJ’s Stevens farce which also gave us that secondary school graduate, Mark Begich (D-AK, 2009-2017) in a super close election (Stevens winning by 4k at 12pm shutdown of election central, changed overnight) even after Stevens’ initial “conviction”, Begich who gave a deciding vote on Obamacare amongst other usurpations.

      Liked by 3 people

      • spoogels says:

        Remember one of the prosecutors in the Senator Stevens case committed suicide
        And then Stevens died in a plane crash–I bet the plane was tampered with
        #Wetworks

        https://www.politico.com/blogs/on-congress/2010/09/prosecutor-in-stevens-case-commits-suicide-029559

        Like

        • spoogels says:

          THEY DID THE SAME THING IN STEVENS CASE re EXCULPATORY EVIDENCE
          Quote:
          Stevens’ defense team had complained throughout the trial that prosecutors in the Public Integrity Section of DOJ, an elite office, had failed to turn over exculpatory information to them.

          And when an FBI agent later alleged that one of his colleagues had an improper relationship with the lead government witness, Bill Allen, Attorney General Eric Holder moved to have the conviction vacated.

          Marsh was transferred to a less prestigious office within DOJ in June 2009.

          “Our deepest sympathies go out to Nick’s family and friends on this sad day,” said Assistant Attorney General Lanny Breuer in a statement released by the Justice Department.“The Department of Justice is a community, and today our community is mourning the loss of this dedicated young attorney.”

          SAME DIRTY PLAYERS

          Sydney Powell wrote about that in her book
          I wonder if thats why the one prosecutor resigned? She saw the writing on the wall

          The Tragic Story Of A Lawyer Who Killed Himself After A Botched Prosecution
          https://www.businessinsider.com.au/sidney-powell-on-nicholas-marsh-and-ted-stevens-2014-5?r=US&IR=T

          Liked by 1 person

  10. iPack says:

    My question here is why AG Barr hasn’t stopped this? It’s “his DOJ” that is continuing to engage in what seems to be a prosecutorial misconduct… Again, where is AG Barr on this?

    Liked by 5 people

    • Louisiana Tea Rose says:

      At the fish fry.

      Like

    • Erik Heter says:

      Perhaps he’s giving them enough rope to hang themselves. If Sullivan throws out the plea and holds the prosecution team in contempt, it will give more weight to the idea that this whole thing was a setup. If the judge throws out the plea deal and sanctions the prosecution, that’s a huge public relations hit for the bad guys and provide another huge piece of evidence that Mueller’s team wasn’t on the level.

      Liked by 10 people

    • mg says:

      floating in a gondola dressed in mafia garb sipping pinot grigio about to have horse for a main course

      Like

    • Don McAro says:

      Too much going on…and too many lies flying…. thats why

      Like

    • SAM-TruthFreedomLiberty says:

      Asking for Barr to stop all of this is not how it works in the middle of a court case. The consequences of Barr just sending the lawyers home are far worse than any outcome possible right now.

      Obviously Flynn and Powell “enjoy” dragging this out for some reason eliciting more prosecutorial misconduct.

      Liked by 1 person

      • Dutchman says:

        Well, its not actually “in the middle of a court case”. Technically, the case is over, the defendant pled guilty,…2 YEARS AGO, and ostensibly the case has just been in limbo these last 2 years, awaiting sentencing.

        The excuse given by the Prosecution for delaying sentencing) That the defendant was being very helpful to their ongoing investigation, and another case.

        Now, the ongoing investigation has ended (Mueller) and the other case (Flynns partner) Flynn did NOT testify, and the case was dismissed, after the jury had a guilty verdict, when the Judge intervened to say the State never met its burden of proof.

        When you put all that together, there IS sufficient reason for Barr to intervene, to prevent another miscarriage of justice.

        And he,would, if he weren’t McConnells hand picked Cleaner, IMHO.

        Like

      • Coast says:

        Well, at least Barr could make HIS team play fair. Is that too much to ask of the DOJ?

        Like

      • fractionalexponent says:

        SAM, I agree with you. Flynn, Powell, and Trump are going after rats.

        The instructions on a Victor Rat Trap:
        1) Bait trap.
        2) Set Trap.
        3) Place trap where rodents travel.

        Trapping rats is much faster than any legal investigation, trial and conviction, and you don’t even have to chase them down. They place themselves into the trap.

        Better yet, bait the traps they built.

        Like

    • James Carpenter says:

      As Sundance has already pointed out, he’s on the map room. Trying to figure out a way around all of the stuff we already know.

      Like

    • Kintbury says:

      Give the attorneys enough rope to hang themselves.

      Like

  11. dayallaxeded says:

    This is the kind of petty carp that really shows Barrkys true colors and how completely metastatiasized is the Klinton Krime Kartel corruption in DOinJ.

    When Shrub didn’t clean out all Klintonistas, at first I thought it was because he was naive. Now it’s pretty clear he and Poppy were part of the same cabal, so cleaning out wasn’t on the agenda. I’m seeing too much of the same bs with Barrky. DOinJ heads need to be rolling like a landslide through a marble factory.

    Liked by 4 people

  12. montanamel says:

    Damn, those chickens with their heads cut off sure can run-around fast like, eh?….

    Smells like a “stall” tactic to me, for some unkn reason…. “SEE, we answered like you said, Judge”.. We’re OK/good guys, for doing what you said….eh? (mean while, back at the office, they just plugged in the 11th shredder needed due to the overload of 1.2 mil ILLEGAL “messages”!).

    Time for a new motion: “Plantiviff to pay ALL legal and related costs to defendant’s’ hand within 60 days of today’s date! Plantiviff’s legal officers, of any bar admission to render their law lic to this court within 10 days time from today’s date – in the original – for revocation and shredding.” and: ” Defendant’s rights are restored, the charge is denied with prejudice, and the entire Plantiviff team – thru office staff members, are hereby held in contempt until further notice”! Baliff, whack their pee’pee’s and drag them off like the lying dogs they are….WHAM….

    AND, and, this is still “2-weeks away” from what McCain’s BF buddy said was coming!… Three more business days my friends….Wonder what Friday night doc dump may bring, eh?…Check-6

    Like

  13. Sammy Hains says:

    Everytime Judge Sullivan starts showing some backbone, he turns around and folds to the prosecution’s demands and allows their refusals to comply to stand.

    Like

  14. meadowlarkspring says:

    Judge needed to hear about Comey’s “I sent them” plan. Who knows what was under the redactions. McCabe and Comey needed to be interviewed to see if they pressured the interviewing agents. After all, one of them didn’t like a person they were supposed to interview. Perhaps the bosses knew that already.

    https://apps.npr.org/documents/document.html?id=5635283-Mueller-Flynn-Filing-Dec-14

    Federal Judge Delays Michael Flynn Sentencing After Plea Of Lying To Feds
    December 18, 2018

    https://www.npr.org/2018/12/18/677558000/federal-judge-delays-michael-flynn-sentencing-in-case-of-lying-to-feds

    -snip-

    Comey defends the FBI’s handling of Flynn

    Former FBI Director James Comey was asked Monday about the decisions made at the top level of the bureau at the time of the Flynn interview.

    Why, for example, as court documents describe, did Comey not tell then-acting Attorney General Sally Yates before the Flynn interview that it was happening?

    He meant to, but Yates phoned Comey about something else, and it was during that conversation that the director told her about the Flynn situation.

    “When he told her the FBI was interviewing Flynn she was not happy,” reads the account released on Friday.

    -snip-

    Like

    • meadowlarkspring says:

      “After all, one of them didn’t like a person they were supposed to interview. Perhaps the bosses knew that already.”

      I misspoke there. I was thinking about Strzok not liking President Trump. I have no idea how Strzok or the other agent felt about Flynn.

      Liked by 2 people

    • dayallaxeded says:

      Any statement from unfunny Comedy and/or YacketYates presumably is a lie. Unworthy of repeating in any context other than to impeach either when they’re on the witness stand as a defendant under prosecution for seditious conspiracy, malfeasance, fraud, etc., et al., ad nauseum.

      Like

  15. jus wundrin says:

    Didnt read too much of the prosecutions pap, but I did notice the first name at the bottom:

    JESSIE K. LIU

    The same loo who is going to throw the mccabe case:

    https://thehill.com/policy/national-security/fbi/463870-judge-tells-justice-dept-to-charge-mccabe-or-drop-investigation

    ….and thats being pushed by a far left lawya group Citizens for Responsibility and Ethics in Washington (CREW), a soros construct.

    EVIL

    Liked by 4 people

    • Beau Geste says:

      “Motion to tell Judge Sullivan to stop trying to tell us what to do. We’re the DOJ, so get back in your swamp cage”.

      Like

    • Beau Geste says:

      Jessie doesn’t see any thing wrong with the Head of Senate Security (Wolfe) sending the entire super-duper-secret FISA Warrant that Sidney Powell is requesting, to his concubine in exchange for sex, but refuses to give it to General Flynn. Also, Jessie apparently doesn’t think the Awans having Senate and House secret files, selling government property allegations, going to pakistan, etc. was a problem.

      Maybe instead of asking Judge Sullivan, the Flynn Defense should hire some prostitutes to get records from the US Senate’s secret files texted directly to them? That seems to be the way to go with the Justice Department.

      Liked by 3 people

    • Beau Geste says:

      “Judge Reggie B. Walton said at the FOIA hearing that if prosecutors don’t make a decision by Nov. 15” , he will release the FOIA records by the group trying to protect McCabe.

      The Judge is not clear about whether the indictment decision would be about “lack of candor under oath” and leaking confidential information, or about being part of a crossfire-hurricane-obstruction coup attempt.

      A win would be that McCabe is indicted for the same kind of 18 USC 1001 prosecution the DOJ repeatedly uses to harass people they don’t like (ie, republicans like Martha Stewart, Scooter Libby, General Flynn, ect ) but don’t have evidence to convict for other “crimes”. It would also be a “win” if the DOJ refuses current indictment, to get these records released (all evidence of phony classification to protect DOj wrongdoing and sketchy behavior is a “win”).

      An indictment could also be put together by Durham as a holding pattern for later amendment for coup-plotter team behavior, as Durham’s work proceeds.

      orcing DOJ to stop stalling and hiding is a “win” for the public and rule of law. McCabe, like every other US Citizen, deserves honest and prompt resolution, not stalling and hiding of wrongdoing, which are characteristic behaviors of crooked government.

      Like

  16. Perot Conservative says:

    Just think, his original lawyers charged General Michael Flynn $8 Million to take a plea deal?

    Talk about crooks!

    They should face some digging and legal action after things progress.

    Liked by 2 people

    • Matthew LeBlanc says:

      Just when i think the lawyer profession couldn’t possibly get an even worse reputation then I read about a group of them charging 8 million for a fake defense against another group of corrupt lawyers who were maintaining and forwarding a coup. Lord have mercy.

      Liked by 2 people

    • dayallaxeded says:

      SMH! I’ve seen the worst, most underfunded, overworked indigent defenders do better. Those guys should absotively lose their licenses and return every cent they charged Flynn. He didn’t get a defense, he got sold down the river! Thank God for Sidney Powell!

      Liked by 1 person

  17. Superman says:

    Impeachment is background noise at this point. Sounds like Barr has been doing the right thing after all.

    Liked by 1 person

  18. Just saw Sidney on Judicial Watch today. IIRC she stated the prosecuters sent an FBI agent to speak directly to Flynn while he was represented by council.

    Liked by 1 person

  19. Donzo says:

    With the prosecution refusing to provide any more information required by the order, what choice does Sullivan have but to find the prosecution in contempt?

    Liked by 1 person

  20. chojun says:

    Looks like the Government is trying to keep Sullivan focused on the charge – lying to the FBI – and hopefully fend off Flynn’s asymmetric defense.

    I guess it’s up to Sullivan now to decide if the Government can get out of Brady requirements if the material Powell is requesting is outside of the scope of the charge.

    Liked by 1 person

    • ristvan says:

      With respect to one specific example noted in my long comment upthread, at least one item is NOT outside the scope of the charge.
      Sidney asked for the original 302 on the Flynn interview. That is clearly relevant to the plea deal, and has not yet been provided. It only takes one such item to undo the whole shebang under Brady, which requires ALL potentially exculpatory evidence be provided.

      There are only two possibilities:
      1. It does not exist, in which case the case must be dismissed for improper process.
      2. It does exist, in which case the case must be dismissed for prosecutorial misconduct.

      The only thing Sidney Powell has not yet said is “Checkmate!”. Bet she will tho.

      Liked by 16 people

      • Beau Geste says:

        Hope you are right, but Sullivan may be deep swamp. Sentencing and appeal leave General Flynn “twisting slowly in the wind”.
        “Summaries” are also inadequate for admittedly relevant records.

        The only thing to keep Sullivan from siding with the swamp, is the prospect for ultimate release of the records he would attempt to hide.

        Would you bet President Trump would order. release of the original notes, and 302? I wouldn’t, based on his failed promises so far.

        Like

        • ristvan says:

          BG, don’t think so. And PDJT has far bigger fish to fry than an original Flynn 302. Sidney will take care of that for him without him even asking. Maybe he got Flynn to hire Sidney; that would have been sufficient involvement. CEO’s should delegate as much as possible, given how much they always have on their plate.

          If Judge Sullivan ever was was deep state, he got red pilled out in the Senator Stevens scandal that happened in his courtroom on his watch. And he knows Sidney Powell laid it all out in her book Licensed to Lie.

          He has literally no choice but to be an honest judge here. Else impeachment after 45 wins 2020 and the House back.

          Liked by 13 people

      • Genie says:

        It would be surprising if the original 302 is produced. Van Grack will likely triple-down with some excuse, “we provided the original, however its mistaken ‘draft’ classification was merely a bureaucratic oversight that was immediately corrected upon its discovery.”

        Like

      • swimeasy says:

        Ah thanks ristvan. This adds to my hope that Judge Sullivan will dismiss and I believe Sidney was interested in your #2- “It does exist, in which case the case must be dismissed for prosecutorial misconduct.”

        Like

      • Greg1 says:

        Ristvan, this reduces everything quite nicely. Sydney appears to have worked everything to exactly what you are saying, and she did it remarkably quickly.

        “There are only two possibilities:
        1. It does not exist, in which case the case must be dismissed for improper process.
        2. It does exist, in which case the case must be dismissed for prosecutorial misconduct.”

        The entire prosecution is fatally flawed. And this makes it so easily visible.

        Which begs the question……….why didn’t Flynn’s previous attorneys think of this?

        Like

  21. MR52 says:

    Well there is this in their response:

    The motion’s most frequent target is the Special Counsel’s Office. For example, the defendant and his counsel allege that the Special Counsel’s Office manipulated or controlled the press.
    See Brief in Support at 4; June 6 Letter at 5-6 (“The General’s plea was heavily manipulated while Brady evidence was suppressed, and the press was complicit”). The claim is divorced from facts and reality. The motion even attacks attorneys in the Special Counsel’s Office who had no role in the criminal investigation of the defendant. See Brief in Support at 4. Similarly, the defendant spends more time citing irrelevant cases, such as Ted Stevens and Adam Lovinger, than reviewing the facts of this case

    I would like to see the Adam Lovinger matter investigated more. I really think it goes deep.

    Liked by 1 person

    • meadowlarkspring says:

      Sidney Powell retweeted the following tweet….

      Liked by 5 people

  22. 1riot1ranger says:

    Flynn is going to have to file a motion to withdraw his plea.

    Like

  23. Oldretiredguy says:

    OK, if I’m reading this correctly, the corrupt Odumbo DOJ (lawfare/Mueller/Wissmancrack) can’t really comply with the Judge’s order because it would show they were already illegally spying on Gen Flynn using the corrupt FISA applications.

    Like

    • Dutchman says:

      Yes, generally the Prosecution can not comply with S.Powells request, because in totality the requested documents,would show the truth.
      That this case,was a set up, from day one and that Flynn was coerced into doing something he did not do.

      The Judge should ask/subpoena Pientka, put him under oath, and ask him “so, exactly WTF happened?”

      Given how they have shielded Pientka from sunlight up until now, I suspect that would be interesting.

      So, what happens if the Judge rules with Sidney, and signs the order forcing the prosecution to produce documents they can, under no conditions produce?

      Seems to me the Prosecution either is taking a big gamble, or knows the Judge will side with them.

      Like

  24. jeans2nd says:

    From Page #1 – “The defendant subsequently waived any right to additional discovery, as part of his guilty plea.”

    Have we worked past this roadblock? If so, i missed it. Sidney Powell had to have powered past that already. A link to info would be appreciated, thx.

    The gubmint’s replies to Atty Powell’s 40 requests are infuriating.
    Who made DOJ/SC judge and jury to state Atty Powell’s requests are not relevant, etc?
    The hubris of these people is mind-boggling.

    And they think a CIA gossipblower will cause us all to trust the gossipblower’s lies.
    Morons

    Liked by 2 people

  25. Aintree says:

    I’m assuming A/G Barr kept his distance from this case so he can’t be credibly accused later of obstructing justice or tampering with an ongoing investigation in the WaPo or the NYT. Unfortunately, Flynn’s guilty plea also made Barr’s intervention unlikely even if he was pressured to plead guilty because of vicious prosecutory threats against Flynn Jr. who was not mentioned in the “Gov’t response.”

    “Gov’t response” being Jesse K. Liu, the lenient, serial exonerator of numerous anti Trump Leakers and liars; Brandon L. Van Grack one of the original DOJ’s National Security Division prosecutors for Mueller’s witch hunt and Jocelyn Ballantine one of the prosecutors in the case against Senate Intelligence Committee Security Director James Wolfe for lying and leaking classified documents. Wolfe’s special plea leniently required he only plead guilty to lying and not the more serious charge of leaking classified material.

    The Flynn prosecution team was allowed to remain egregiously stacked against him. I’ld like to hear Barr’s explanation especially when the Gov’ts response includes four mocking dismissive references to the defense’s outlandish “Conspiracy theories.” In fact Barr/Durham are presently investigating “conspiracy theories” and the political targeting and spying of Flynn could be linked to it eventually. The prosecution response is a stinking disgrace IMO and a big step backward to the bullying, arrogant, double standard glory days of Weissmann and Mueller.

    Liked by 1 person

  26. Brian L says:

    He’s going to be completely acquitted and then, hopefully, Trump brings him back as NSA.

    Like

  27. litlbit2 says:

    So the justice department is telling Sidney she must go to trial without evidence aiding her client that only they have seen and are attempting withhold. Or a group of lawyers are telling the opposing attorney to shut up shove your client in front of the firing squad! Just be a inept corrupt lawyer! Now move along we will take care of the judge and this case just becomes another, Seth Rich, Jimmy Hoffa, Las Vegas, you can keep your plan. Remember Sessions..the Honorable Jeff Sessions,

    President Trump knows these things are not going unnoticed! 2020

    Like

  28. Lulu says:

    There is not one honest person in the DOJ. They are above the law and use their endless budgets to persecute innocent people and anyone they suspect might actually be a patriot.

    The DOJ needs to be abolished because as long as it exists we have no rule of law which means no country.

    Like

  29. CNN_sucks says:

    Gasbag Barr will be a dissappointment. All our alphabet agencies are corrupt to the core.

    Like

  30. Bulldog84 says:

    I have a few thoughts, FWIW informed by my legal background:

    True, Gen. Flynn pled guilty. However, the judge issued his “standing order” after that. Either his order means something, or it means nothing.

    Evidence is either exculpatory, or it isn’t. The prosecution’s position that certain evidence need not be provided because it dates to either before or after the offense is absurd. Timing is a non-issue.

    Isn’t Ms. Powell still asking for the Kislyak transcripts or recordings? I don’t see how Gen. Flynn could knowingly enter a plea without access to those. If he did, he was not provided effective assistance by his prior counsel.

    Finally, I can’t help but observe the laziness of the government’s appendix. If you are listing your responses to specified requests, you need to repeat the request immediately before your response. Lawyers in private practice would do this for ease of reference by the court. Apparently you can be a supposed top DOJ lawyer and produce sloppy work like this without consequence.

    Like

    • OmegaManBlue says:

      “Either his order means something, or it means nothing.”

      This is what it all comes down to. The order means something or it doesn’t. And that all comes down to Sullivan. It’s on him now to enforce his order. Does it mean what it says at all times or only when not connected to Trump are being prosecuted. We will find out.

      Like

  31. Iamcat says:

    Is AG Barr actually allowing this?

    Like

  32. BitterC says:

    The utter duplicity. On Nov 30,2017. the day before the court appearance where Flynn enters his guilty plea, the DOJ notifies him of the EXISTENCE of the Strzok/Page texts. Mueller had known about them since at least July

    They get released Dec 2, the day after his plea and the day Contreras recuses. It is said Sen Ron Johnson released the 1st batch of these texts.

    Did Ron just get them Nov 30 & that’s why the DOJ told Flynn or did they get some sort of heads up that Johnson was going to release them?

    In other words, if the texts had been safe from being released, would the DOJ have mentioned the Strzok thing at all to Flynn the day before he court appearance to plea?

    Like

  33. sturmudgeon says:

    Treepers… this is one hell of a novel we have going here! Hope there are no sequels..

    Like

  34. FrogTongue says:

    I sense that prosecution’s too oft repeated reply of “not relevant” and “already provided” along with “why are we doing this . . . he’s already pled guilty?” is consistent with a pattern of willfully overlooking the obvious, that extracting a plea from Flynn under these circumstances violates all notions of fair play and substantial justice. Further analysis might be needed to hone the argument but essentially this is a correct take.

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