DOJ Files Surreply Response to Flynn Brady Motion – (With a valuable little nugget of a mistake)….

Today the DOJ files their surreply to the game-changing Flynn motion to compel Brady material filed by defense attorney Sidney Powell (full pdf below).  Within the DOJ filing the prosecution generally makes four arguments:

  1. The government had no legal obligation to provide exculpatory Brady material prior to the plea agreement (Nov 30th, 2017).
  2. After the plea agreement the government had no legal obligation to provide exculpatory Brady material that was not directly related to the evidence about the charge of Flynn lying to investigators during the January 24th, 2017, interview.
  3. The government uses odd language to claim a draft of the Flynn interview report (FD-302) does not exist prior to their Feb 10th construct: “Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes.  Sounds sketchy, like they know an earlier draft does likely exist.
  4. The government severely understates the conflict of interest created by the DOJ using the leverage of an incorrectly completed FARA submission to pressure the Flynn plea.

Flynn’s attorney Sidney Powell will now be allowed to file a sur-surreply to the position of the DOJ prosecutors.

♦Taking the #4 bullet-point first, the DOJ is being profoundly obtuse.  Flynn’s original defense lawyers (firm: Covington, Kelner, Anthony, and Langton Inc.) were the attorneys who advised Flynn on how to complete the FARA paperwork/filing.  When the DOJ threatened to use the FARA filing as evidence against Flynn, in essence the DOJ was accusing Covington of manufacturing false documentation.
The Covington lawyers held a material interest in the DOJ dropping the FARA aspect to their prosecution; and by extension the Covington lawyers recommending that Flynn accept a plea agreement to remove that legal issue is a profound conflict. The DOJ downplays this conflict despite the DOJ taking copious and careful notes about it during the time they were using the FARA violation to compel the plea deal.
♦On the issues of there not being a pre-Feb 10th 302 report: on its face that seems absurd.  The interview was January 24th, the FBI standard dictates a 302 report to be written as soon as possible (within 24 hours) upon completion of the interview.  The prosecution hides the Page/Strzok texts showing a narrative process under construction:
page strzok texts - feb 10th 302 edits
The 302 was edited, shaped, approved and entered into the system on Feb 11th and Feb 14th.  This was a deliberative process, Andrew McCabe was approving (per “launch 302”) and Lisa Page did some of the edits.
We know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok: See above/below (note the dates):

The text message conversation above is February 14th, 2017.  The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per this version of the FBI FD-302 report released June 6th, 2019:

Oddly, in the reply today which included the DOJ providing the FD-302 as “Exhibit 3“, the DOJ provides another FD-302 report with the entry date February 14th, 2017?   WTF?

In a letter from prosecutor Van Grack to Judge Sullivan last year he said there was only one edit after the date of entry; and that edit took place in May 2017.
Whoopsie, based on what we just outlined above, it would appear Mr. Van Grack was previously lacking candor with Judge Sullivan. I shall digress….

Here is today’s filing from the DOJ:

[scribd id=433008269 key=key-xVJgNJR7fI7D604wbiGW mode=scroll]
.

Enjoy your weekend….

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415 Responses to DOJ Files Surreply Response to Flynn Brady Motion – (With a valuable little nugget of a mistake)….

  1. Jay Currie says:

    The problem with lying is keeping the fake story straight. The DOJ/FBI story is falling apart because of the internally inconsistent lies it is premised upon. The more they file the deeper the grave they are digging for themselves.

    • Zy says:

      And each day Schiff is also digging a deeper grave.

    • Issy says:

      The problem as I see it is I’m not at all sure the judge will pick up on it or it could be he’s not inclined to do so. I keep going back to the FARA filing. I find the conflict of the firm representing Flynn a pretty big thing. Am I wrong to think that?

      • BoreMole says:

        All judges will give pretty wide latitude and benefit of the doubt to the government. Not deserved just about across the board these days, but it is what it is.

      • murphy300 says:

        If the law firm was involved in filling out and filing the form, and the form was the basis for a criminal charge against Flynn, the law firm should have immediately recused itself and Flynn should have had new counsel. A lawyer cannot represent a client and act as a witness in the same case, particularly if the testimony they’re giving is, or might be, adverse to their client. So if the law firm was not going to recuse itself, it had to get rid of the FARA charge as quickly as possible, meaning a plea. Sundance is right about that. I’ve been a lawyer for well over thirty years and this is not a close call, if the law firm really was involved as claimed. I haven’t personally seen the testimony about that.

    • Oh what a tangled web we weave when first we practice to deceive.

    • BoreMole says:

      I would posit that keeping a true story straight is difficult when you have these cretins trying to trip you up. No one should ever say a GD word to a government official about anything, innocent or not, PERIOD. If there is one good thing that comes from all this, my former libertarian brain hopes that the conservative side will finally wise up: no government entity is your friend, and you should NEVER cooperate with any of them. No matter how innocuous you think it is. they are not there to protect you.

      • RobInPA says:

        This video titled “Don’t Talk to the Police” is well worth the 45 minute investment of your time –
        https://m.youtube.com/watch?v=d-7o9xYp7eE
        It has 3.9 million views and made its way around a lot of respected firearm forums when it was first posted on the inter-webs.

      • ann says:

        I haven’t trusted anything involving the DoJ for many years.
        Under Mueller & Holder’s regime, institutional authority was diverted from legitimate protection of our surveillance capabilities to consildation of illicit power & providing special protection for malfeasant chums,
        national security collapsed, hence we suffer face saving farces, “pseudoinvestigations”.
        The walls need to tumble down.
        shoulda crumbled when Obama admin ADMITTED surveillance violations of Congress. Recall the violation was framed as an exception, for their precious trophy deal w Iran?
        Oh yeah?
        Collyer’s Compliance Review are found findings,of a pattern.
        Clapper, Brennan: Lurch & Uncle Fester. Plus the DoJ’s luminarie, of course.
        The modus operandi of DoJ appears to be eradicate any threat to their power by ensuring all occupants of authority are unfit.
        It is weak, arrogant & petty regimes which potentate destruction; it is despots who cannot tolerate strength in others.

      • Parker Longbaugh says:

        I have not engaged in behaviour which would prompt an interview with the FBI or been privy to acts necessitating a visit.
        After reading and witnessing that institutions obvious criminality I have no faith it has ever been an honorable organization.
        I would never speak to an agent without an attorney now.
        I would have assisted an agent without reservation or legal protection in the past.

        • Jeff C-C says:

          The one of the four claims by the DOJ that scares me is the first, that the government has no obligation to provide exculpatory Brady material.prior to entering a plea agreement.
          This means that you can be innocent, and the government has proof that you are innocent, but they don’t have to give that evidence to you.
          How can they call themselves a Department of Justice when they claim that they can encourage innocent people to enter a guilty plea on an indictment that the DOJ KNOWS they are innocent of?

          • Ladylou says:

            We have been misspelling it all this time. It is the Department of Just Us. I remember a few years ago when pieces of the building were falling onto the sidewalk. I knew it was symbolic . . crumbling justice.

          • Rhoda R says:

            I’m glad you brought up that point about the government not having to provide Brady material prior to a plea agreement — doesn’t that actually violate the Brady law?

          • anthonydog says:

            Not if the prosecutors hid a conflict of interest.

    • mr.piddles says:

      The Coup Crew were in CYA Turbo mode so hard that even the most diligent of schemers could forget which font to use.
      Plus: in their particular case, they just weren’t really good at it. Too much time faffing about in Andy’s Office, I guess.

    • myrightpenguin says:

      Well said Jay.

    • scrap1ron says:

      Tell the truth and you don’t have to remember anything.

    • Takes more lies to keep the initial lie going. Gets confusing, doesn’t it.

    • JC says:

      The judge overseeing this case is already been corrupted. He is going to falsely imprison LTG Flynn. This is wrong, but there is nothing that can be done.

  2. Burnt Toast says:

    You’d think Brady material would be critical is you are being squeezed for essentially a ‘no contest’ plea.

    • Aragaem says:

      All the “302s” say “DRAFT DOCUMENT/DELIBERATIVE MATERIAL” except the 2018 interview of Mr. Pienta which has no words like that.
      Can these drafts used with law to convict some one? Drafts? Or is it a trick to protect the writers if later questioned?

  3. Zorro says:

    Strzok and Page texts are a treasure trove. Did you see Sen. Johnson’s tweet referencing additional tests that talk about the FIB having Obama-HRC emails?

    • hocuspocus13 says:

      There’s a little story out there on OAN
      Where their (FBI) gal Lisa Page who was rolling in the hay with Strozk
      Was also in the hay with McCabe
      Then Lisa Page went home to her husband
      I do wonder what Mr Lisa Page thinks about that?

      • Zorro says:

        He thinks about everytime he takes his medication and rubs on the cream.

      • WSB says:

        He seems like a team player…for the other side.

      • jeans2nd says:

        OAN retracted that story.

      • 335blues says:

        Page must have a lot of underwear.

      • Robert Smith says:

        Wait, HOLD ON…
        Lisa Page was Blowing their Whistle?!

      • I’m not sure I believe that. I think it’s another attempt to cover the amount of time they spent together with an affair. That way they can deny access to their communications on the grounds that it’s between them and doesn’t affect the investigation. This seems to be the pattern. To hide corruption claim, they’re having an affair and make their communications off limits as a results – sort of the eeewwww factor. I think this has Lawfare written all over it.

        • Dutchman says:

          Many have questioned this, including PDJT, who, in several tweets has hung ‘these’ around lovers, indicating doubt.
          It wouldn’t be Page and Stroxz who would be doing the redacting “on account of personal info, eeewww” but people in DOJ/FBI.
          One wonders, with all the DID let out, how much more sh*t is there, and how much worse IS it?
          I don’t buy the lovers crap, myself.
          Their text read like two coworkers, involved in a very exciting project together, but not INVOLVED.

          • Judith says:

            I agree. I never bought their “nothing to see here” lovers crap. With all the stuff they left IN, I don’t want to even contemplate what was hiding in the redactions. Maybe their “insurance policy” was far more sinister than we could ever imagine.

            • Dutchman says:

              I suspect they would have focused on things which showed or exposed higher ups, or that their was support for the ‘small group’, by a much larger group.
              Protecting Congressional leadership, and Obama admin?

          • anthonydog says:

            General Flynn outed the Obama Administration for their knowingly
            creating ISIS.

        • Rhoda R says:

          It might have worked except they were using govt phones and computers at the time. EVERYTHING on govt equipment belongs to the govt.

      • Your Royal Highness says:

        That story was retracted.

      • anthonydog says:

        It sounds as though Lisa Page is an operation unto herself… And perhaps she is!

    • Rachel Guess says:

      Zorro,
      As a retired LEO I have always believed the filing date for the 302 to be suspicious.
      I don’t recall ever not filing a report by the end of my shift, except for one time that I was taken to the hospital while on duty due to acute appendicitis. The WC actually brought me the paperwork, took my statement the next day, then had me sign it while in my hospital bed. They want you to fill out the reports as quickly as possible so everything that happened is still fresh in your mind which makes it more difficult to be challenged in court.
      I know that I never would have even considered finishing out an entire work week without having all my reports submitted and logged. In this case there was a THREE WEEK delay in filing the report which is a HUGE red flag.

      • Fubu says:

        And combined with the fact that PS was collaborating with someone who wasn’t even in the meeting. This should be the poster child reason why all 302 interviews should be video recorded and both sides leave with a copy.

    • Bogeyfree says:

      If true, Did Wray know this and if so for how long???
      I really wish PT read CTH.

  4. Bryan Alexander says:

    Sidney Powell: “Your Honor, at this time I would like to point out the lie that the Prosecution told you as evidenced by the paperwork they filed…..”

    • I keep thinking about General Flynn being the target of the Intelligence Community and FBI… and the White House. He’s an American hero, for chrissakes. So much for “On behalf of a grateful nation.” It’s appalling.
      If this is what “the Deep State” does to a general… what chance do any of us have to defend ourselves?
      We can’t all be fortunate enough to have Attorney Sidney Powell step in to save us.
      Makes me wonder what the judge thinks of this mess our government has made here.
      I can’t wait to see the response Sidney gives to this surreply. My God… the government prosecutors don’t appear to understand the trap they’re in. Sidney has them dead to rights…. they are caught!

      • Burnt Toast says:

        I am fairly sure it is done routinely by the ‘mean girls’ that can access the right databases.
        Example not directly relevant to the current politically charged issues –
        DHS has the ‘no fly’ list. How many times have people been flagged more no apparent reason at all other than it is claimed the have a name (or other bio) related to a real bad guy? Gov drones putting people of the ‘no fly’ list for shits and giggles.
        Another example – Cops (or other LEO personnel) snooping the files checking out the kid’s prom date…etc.
        Any other nail they want to pound down.
        Glad I do not live in the same HOA as any gov employee with ‘access’.
        The regular HOA Nazis are bad enough.

    • Dutchman says:

      Actually, every filing by an attorney to the court is considered just like testimony.
      So, that little lack of candor could actually be prosecuted as PERJURY, if it can be proven that at the time he filed those papers, the prosecutor KNEW they contained falsehoods.
      And, an attorrney convicted of perjury, loses their licence, just ask Bill Clinton.

  5. Do stop thinking about tomorrow says:

    Van Crack is toast.

  6. L4grasshopper says:

    I keep asking myself this question: **IF** the DOJ was NOT targeting Flynn and setting him up……
    ….then WTF were they concerned about the guy in the first place? That is…origins again….what had Flynn done that triggered some of the most senior FBI and DOJ officials to investigate him?
    For what, exactly? And what was the evidentiary predicate for said interest and investigation?
    And why are they holding on to their obsession with Flynn like a starving dog who just got a hold of a prime rib bone with meat still attached?

    • Zy says:

      Are you talking about Obama’s/Brennan’s obsession with Flynn for views during the O admin?

    • neal s says:

      Perhaps Flynn knows too much about deep state criminal acts and they hope to keep him silent or at least in-effective.

    • rmnewt says:

      As DIA Chief and man of integrity, Flynn had many deep state enemies. Guarantee Adm Mike Rogers is also in the cross-hairs.

    • jeans2nd says:

      It began with Gen Flynn publicly disagreeing with Obama’s middle east policy, and wanting to re-structure Intel agencies.
      After Gen Flynn became Trump NSA, Gen Flynn announced he would be auditing the Intel agencies.
      Gen Flynn became target #1 “First we f Flynn, then we f Trump” (page-Strzok text messages)
      Source – Sidney Powell and Joe Flynn

      • DesertRain says:

        Jeans2nd info above is also in the new Lee Smith book.
        Cheaper 10 Blood in the Water

        • Issy says:

          I went to Barnes & Noble to buy it today. It’s only been out two days, and they sold out the first day. They have ordered double.

        • beach lover says:

          Im reading it now.. kindle version, only way to get it. But, it starts out pretty much with Flynn and why they went after him. Interestingly in the book, I am coming away with how most of this coup was really to protect Obama and his Iran dealings to start out. Then one set up led to another.
          They used the same tactics on everyone… PapaD, Page, Manafort, Nunes and of course, the President. Smith also names the the members of the media that were used, over and over to feed the story. It is sickening.

      • RatedProduct says:

        “…wanting to re-structure Intel agencies.”
        JFK had similar interests. In that regard Gen Flynn has perhaps, been lucky.
        These are dangerous people.

        • WhiteBoard says:

          CIA was just starting and wasnt very well mapped out then…
          today is a very different story, and the Army defends the Flag (homeland)
          the rogue elements of the CIA are being taught their lane respectfully, as the knowledgeable members are embarrased of the rogue elements (cheering for their discipline).

        • ann says:

          Dangerous because they are in packs.
          Group dynamics of gangs, except because they control LE, this privileged peer group’s criminalistic code is solidarity is required for individual & collective immunity .
          .
          As individuals, they are despicable human beings.
          We must’nt back down to bullies. ???.

      • Dutchman says:

        Also, Flynn ‘stuck up for’a female who was in some conflict with Stroxz, or was it McCabe. So, their was personal animus, as icing on the cake.
        Still, this was the first prosecution, begun even before Mueller, IIRC. And, Sidneys dynamite brief exposes much of the coup attempt.
        But it DOES seem strange, how they handled it, from day one. Keeping it in a holding pattern, during sentencing phase, for instance, particularly when they didn’t end up using Flynm to testify in the case against his partner, AND his partner was found not guilty,…
        Weismann’s pattern seems to be chronicall short sighted; he goes for the immediate result, without concern for the ultimate outcome, like getting shot down on appeal.
        Would love to know who has been protecting him all these years, cause he DEFINETLY has someone powerful, shielding him from any consequences.

      • Linda K. says:

        Flynn should never have announced anything about intel agencies. Why warn them? He knows they are snakes.

    • lumoc1 says:

      If I remember correctly, General Flynn provided character reference to a woman which had filed a (sexual?) harassment complaint against Andrew McCabe, which terribly upset “Andy”.

    • Tom Hansen says:

      My understanding was that Flynn, as National Security Adviser was going to request that the the IC be audited, since he knew as Director of the DIA under Obama, that they were doing a lot of unauthorized surveillance and Clapper and Brennan did not like that, so they hatched a plan to take Flynn out. It worked.

    • dufrst says:

      They say it was a part of the Russia interference investigation. But my problem is exactly what Sundance said, the deception. They already had the phone conversations. There was no need to interview Flynn except to entrap him. No matter whether Flynn explicitly responded to the questions as the prosecutors in this document said he had the opportunity to do, they would have interviewed him, in my opinion, until they got him.
      The objective in entrapping Flynn is so clear now that we see the composition of the people in the National Security Counsel (NSC) that the National Security Advisor (NSA) presides over. The objective was to remove Flynn so that they can have their people still in place on the NSC to spy on Trump. And that’s what we are seeing now with this whole Ukraine situation. When Mueller failed, the objective afterward was to find anything to taint the president with in order to continue the distraction from the real wrongdoing, which hopefully Barr/Durham are getting to the bottom of.
      These people are the eyes and ears of the Swamp sitting in the NSC. And Flynn being the NSA was a direct threat because he knew the people who were loyal to the Swamp and the ones that were loyal to Trump. They could not allow Flynn to remove the eyes and ears on Trump in the NSC. So they set him up in order to force his resignation. Since then, Trump has had an NSC with Swamp loyalist. He tried to address that with Bolton, but Bolton didn’t do the job in the manner that would support Trump. Instead, he was promoting his own NeoCon agenda. Only Flynn was simpatico with Trump’s view of the world and they had him removed immediately.
      It’s a crying shame what these people have done to our country. Yet, Trump continues to work and fight on our behalf despite having subversives in his administration. I am hoping Flynn is exonerated and I hope that he’s reappointed as NSA after 2020 so that Trump can truly finish draining the Swamp!

    • Orville R. Bacher says:

      “.then WTF were they concerned about the guy in the first place?”
      The coup, as structured by the Washington Mob members, had an extensive insurance policy. One of the dirty deeds was to undermine Trump Admin appointees. That is the only reason Flynn was targeted.
      We need to get this wheel turning in the other direction, where legal costs are put onto the shoulders of the government criminals and their cohorts in the Democratic Party.
      These dirty b_stards were gloating about bowing to the “higher power” (of Satan) instead of to the Constitutional Republic that they took an oath of loyalty.

      • beach lover says:

        They went after Flynn because he was one of the few that candidate Trump had on his foreign relations team that had some experience and knowledge of the shenanigans of the Obama administration. If you remember from the transition period.. the “team” was pretty sparse because first.. no one thought he could win, so they certainly didn’t want to commit to his team, and second.. if he did win, was he really gonna turn out to be the kind of President that would be strong on foreign policy?
        The American public had more faith that the GOP deep staters.

    • lunaursus says:

      Flynn was about to audit all the intell depts and other depts. He had to be gotten rid of.

    • ichicinnabar says:

      He committed the “sin” of opposing Obama on the Iran deal. It is as simple as the petty and vendictive nature of BHO.
      I believe the same was true of PapaD. He had just finished working on a project to help Isreal develop their new found offshore oil reserves. This piqued BHO’s hatred of Isreal. Plus PapaD was young and a relative “nobody”. He looked like an easy target. The sort of target vengeful bullies like.

    • tdaly14 says:

      Read Lee Smith’s new book, The Plot Against The President. It’s all in there and much more, that no one ever talks or writes about, what Obama/admin actually did to the Trump administration. It’s the best $26 I ever spent.

  7. justlizzyp says:

    How can they possibly argue that they had no obligation to provide any kind of Brady information when, at least I thought, Judge Sullivan has ordered them more than once to produce all Brady information and that if there was any question he would decide whether something was Brady? He seems to have been quite clear in his orders for them to produce EVERYTHING even potentially responsive.
    Or have I misunderstood Sullivan’s previous rulings?

    • WES says:

      Justlizzyp: Whenever the prosecutors decline to provide Brady material he has always agreed with them. He is 100% Swamp!

      • justlizzyp says:

        Thank you – I must be confusing this case with something else.

        • MaineCoon says:

          You aren’t incorrect. SIdney “Liked” your comment.

          • justlizzyp says:

            SERIOUSLY??????!?!??!!? That made my day!
            I’ve been at an eye appointment and coping with changing out contact lenses because I’m older than I thought and couldn’t make single vision contacts work because as the saying goes ‘my arms aren’t long enough to read anything’ that way!
            Sidney, I’m a serious fangirl! But not, like, in a weird way!

            • ann says:

              Same here Lizzy, a happily married woman,
              Had a huge crush ever since her book was published,
              I love her grit, eloquence and character. Her determination to be a fixer. ♥️

              • justlizzyp says:

                Reading her briefs gives me the same feeling I get when I see WNBA players slam dunk. When I was in high school girls played half court basketball – we were too delicate and weak, I guess, to be expected to run the FULL length of the court.
                So when I see an amazing woman doing something I’ve been told women can’t do, and doing it with great aplomb, you better believe I’m fist pumping!

      • bonkti says:

        I’m withholding judgment on Sullivan. He has shown his commitment to Brady over the course of his career.

      • De Oppresso Liber says:

        I believe you are correct about Sullivan, as most federal judges are very likely compromised in some way or another (i.e. SCOTUS Chief Justice Roberts), but Ms. Powell has painted Sullivan into a corner, with her magnificent filing outlining the prosecutorial malfeasance and corruption which is currently occurring in Sullivan’s courtroom.
        Also, Sullivan would be an absolute fool not to recognize that Ms. Powell obviously has a very highly placed and reliable source within the DOJ.
        I do not believe Sullivan is a fool, but he may be having the most massive maalox moment of his life about now.
        Food for thought: Whenever you’re having a bad day, everything sucks and nothing is going right…..just remember — you could always be U.S. Prosecutor Van Grack, sitting in Sullivan’s courtroom across from Ms. Sidney Powell 😉

        • gary says:

          sullivan did display some emotional problems when he snapped on flynn and had to apologize. i hope powell has painted him into a corner. there may be forces more dangerous than sydney powell ,whispering in his ear. i have hopes though because of his cancelling of the nov 7 hearing,abruptly. even the corrupt prosecutors sensed that.

          • De Oppresso Liber says:

            You know that Van Grack wrote, reviewed, and then submitted that absurd joke of a reply, and realized that was the best he could do. He knows he’s so damn screwed, unless his betters have some really good stink on Sullivan.
            Lying to a federal judge in sworn testimony, fabricating evidence, destroying/hiding exculpatory evidence, so screwed….
            Whatever they have, and truth be told we don’t know for certain they have anything on him, but if they do, it would have to be worse than public humiliation, reputation destroyed forever, probable death threats, becoming a laughingstock and caricature, becoming a recluse from public life, etc…
            I can hardly wait until the next hearing 😉

        • WhiteBoard says:

          exactly – this whole PUBLIC display is to demonstrate IF we have a COMPROMISED system that REQUIRES external AUDIT (Public).
          look at every past action – and every present outcome
          pattern is simple – TERRIBLE – to complete DUD. then Instituition not prosecuted because of some kind of rule.
          Cold Anger – Public DEMAND outcry – Response from the Auditers – CHANGE.
          Shiff will single handedly save the Union! he is playing the HIMSELF that will sooo illustrate what the infection of this country has been. (WE DONT WORK FOR EUROPE ANYMORE)

          • De Oppresso Liber says:

            Yep, through their actions brought about by sheer panic and desperation, to try and destroy President Trump by any means necessary, Pigglosi and Schitthead are literally setting the stage to destroy the Democrat Party for generations.
            Even Ol’ Sparklefarts himself has started trying to bring them back from the abyss, because this is his friggin’ transformation in action; Bath House Barry OWNS THIS…..this is his legacy being exposed for all to see, and it’s not pretty, and nobody is liking what they see. Today’s Uniparty are liars, thieves, murderers, crooks, abusers, spies, and TRAITORS.
            ‘Nuff said —

        • Dutchman says:

          DOL,
          Most excellent post, and you are ABSOLUTELY RIGHT. Sidneys briefs are each a Masterpiece, and written is such clear, plain English that they give the Judge absolutely NO ‘wiggle room’, and NO cover. By drsign, I am sure.
          Two people I would NOT play poker with, under ANY circumstances; DJT and Sidney Powell.
          And yeah, wouldn’t want to be in van crackheads shoes, going up against Sindey in a battle of wits, where he is hopelessly out of ammo.

          • van crakhead has been out of bullets since Sidney Powell came on the scene!!!
            He’s outmanned, outgunned and outwitted by a HIGHER CALIBER ATTORNEY THAN HIM…

            • Dutchman says:

              Well, he is and always has been a hack. Sidney is and always has been a master. This is the equivalent of seeing the Harlem Globtrotters going up against a Junior Varsity High School basketball team.
              Or Muhamed Ali, in his prime, going up against an amatuer boxer.
              Its the kind of thing where you put your hand in front of your face, saying “OMG, I can’t watch!” But then spread your fingers, cause well,…as it turns out yes, you can!

      • ms doodlebug says:

        That just isn’t true.

    • Issy says:

      justlizzyp, that was my impression, but what does Sullivan do, just keeps telling them to do it.

    • Barnestormer says:

      The issue was when were they required to provide the material to Flynn. The prosecution’s position today was not during the investigation and not until he was charged.

      • WES says:

        Barnstormer: Fighting over “when” was a nice diversion in place of providing Brady material. “When” should be dead and gone by now!

        • Barnestormer says:

          ‘I was replying to justlizzyp, who seemed to be confusing Judge Sullivan’s standing order with the original obligation of Mueller’s prosecutors to provide Flynn with the Brady material.

          • Dutchman says:

            As Judge Sullivans order made clear, there is a standing requirement to provide Brady material to EVERY defendant, during discovery.
            The Judge doesn’t have to order it, for each case. After Judge Sullivan learned, during the Stevens case, that Prosecutors,HAD withheld Brady material, he began, on EVERY CASE, to specifically order the prosecutors to do so.
            So, Van Crack had an obligation to provide, and he has repeatedly failed to, and,ONLY provided when the info became public knowledge; when he HAD to, in other words.
            All layed out in Sidneys brief, written in plain language,a 5 th grader could understand.

      • Chewbarkah says:

        My guess is that the prosecutors contrived to have the “plea negotiations” be about what the charges WOULD BE, precisely so they could evade Brady disclosures. Normally a defendant is charged with something, then bargains some charges away. Why would Flynn’s attorneys fall for this procedural scam (I think we all know)? Once Flynn was coerced into pleading guilty to a very simple, narrow charge, the prosecutors thought they did not have to bother with proof and were home free. If Judge Sullivan has a working nose, he ought to realize smell the misconduct from this alone.

  8. evergreen says:

    I had not clued in to the hard conflict posed by counsel directing the client to cop a plea and simultaneously remove the counsel from risk of FARA violation.
    Is this not grounds for being dealt with both in the current court forum but also in a civil suit to come against his prior counsel?

  9. dayallaxeded says:

    It’s infuriating that these DOinJ idiots are allowed to continue their malfeasance! Also infuriating – sur-replies ad nauseum.

  10. WES says:

    What worries me is how the swamp judge is going to spin his vertict to protect the prosecutors.

  11. Ausonius says:

    We assume that S. Powell will observe the same things observed here by The Lawyer Sundance and will run them into the end zone for a home run and a slam dunk? 😉
    On another topic a Republican Congressman is quoted as saying “the Truth will defend itself.”
    Absolutely NOT!!! How would that happen exactly?
    The Truth DIES unless WE defend it!

    • jeans2nd says:

      Oh, Ausonius…smh
      How you underestimate Sundance’s reach…
      Big mistake. Big. Yuge

    • QCM says:

      In darkness, no less!!!

    • anthonydog says:

      I believe Sidney will Hammer the prosecutirs and hope Judge Sullivan has the intestinal fortitude to quash this case due to prosecutorial misconduct and that the Judge himself will not stand for letting the rule of law “falter.”
      What happened to Assistant U. S. Attorney Deborah Curtis who had been the lead prosecutor? If she was tainted the entire Flynn case was tainted, or if Curtis had a conflict of interest, then the entire prosecution team led by Curtis should be assumed to have had a conflict of interest …the guilty knowledge of the lead prosecutor infected and imputed all of the prosecution team and the Flynn should be dismissed. That the prosecution came from the Hoax Russia Collusion scheme team itself —that alone calls for justice and dismissal with prejudice. Time to slap down the the real criminals in the Department of “Just Us”who have no compunction whatsoever as they lie, lie, lie and deny, deny, deny.

  12. TradeBait says:

    Any honest judge would toss this case into the river as fast as they could get their hands on it. We will see if Judge Sullivan is who he has appeared to be in past cases of government overreach and corruption.

    • bonkti says:

      I think Sundance has earlier made the case that a quick dismissal of the Flynn case is not the optimal goal. What the prosecution is forced to reveal on a more deliberate path, with Powell and Sullivan working toward uncovering prosecutorial misconduct, is substantially more desirable.

  13. woohoowee says:

    02/14/2017
    Why is the 14 darker than 02/ and /2017? It’s also darker than any of the date on the 02/15/2017 submission.

  14. Bob Parker says:

    This prosecutor Van Hack seems intent on refusing to concede anything here despite the continued surfacing of more & more illegal conduct on DOJ’s part as they pursued General Flynn.
    I find it somewhat curious that DOJ under AG Barr is not attempting to reign in Van Hack. Maybe AG Barr is content to continue using the case to leak out docs, data, & information that also ends up helping General Flynn AND President Trump?
    Hey Van Hack, you are really just digging your own contemptible hole from which I doubt you will dig out of.
    Good luck finding future employment with a reputable firm in the future assuming of course that you are not convicted & thrown into prison yourself along with several of your cohorts.
    There’s plenty of room in Gitmo Mr Van Hack.

    • Issy says:

      They usually get promoted. Have you read Sidney Powell’s book?

    • Jaap Titulaer says:

      https://twitter.com/JohnWHuber/status/1190398594991427584
      Of course, these statements by Pientka are just about anyone being pressured to change the Flynn FD-302.
      He does not claim that neither he nor Strzok nor Page edited the FD-302.
      A curious focus for the questions asked of him, and an omission to ask the relevant one: did you or Strzok (or anyone else) do it?

    • littleanniefannie says:

      Maybe AG Barr is giving Van GrackHack enough rope to put on the hemp necklace and jump off a chair. Then again, he might be Epsteined!

      • Dutchman says:

        Or maybe Barr is riding a Unicorn, with a leprocaun, while playing bagpipes of coarse, and so is too distracted to notice.
        Barr is NOT the ‘Great White Hope’, he is Bondo Barr, a CLEANER, …..NOT a Housecleaner.
        A) McConnell allowed him to be confirmed.
        B) When even the dumbest pundit was giving long odds on Epstien surviving to trial, he allowed Epstien to be murdered while in custody.
        In fact, I know the the only reason for arresting him in the first place, was to kill him.
        Durham announcing his ‘review’is now a ‘criminal investigation’ means NOTHING.
        He’s a Federal Prosecutor; he has ALWAYS had the authority to subpoena, to enpanel a Grand Jury, etc.
        And, a “Criminal Investigation” in NO WAY means charges will be brought.
        ANNOUNCING its now a “Criminal Investigation” is a head fake, like when Sessions announced Huber. It makes it LOOK like they are doing something, but its all a distraction.
        Do NOT count on ANYTHING coming from Barr or Durham. You WILL be disappointed. No way McConnell is going to place a rope around his own neck.

        • Newhere says:

          And while we’ve all been busy worshiping him as our potential savior — without evidence — he’s busied himself preparing and rolling out a “pre-crime” detection program, modeled after post 9/11 terrorist threat detection schemes, to implement domestically to target would-be “mass shooters,” relying of course on things like surveillance, encryption back-doors, algorithms and mental health experts. What could possibly go wrong. But don’t worry, I’m sure we’ll see accountability for law enforcement excesses ANY day now. Great White Hope indeed.

          • Dutchman says:

            Minority report. Those who attempt to trade freedom for security, inevitably end up with neither.
            All we have succeeded in doing, by throwing off the tyranny of King George, is to exchange the rule of ONE, named Tyrant, for the rule of 10,000 largely unnamed tyrants.

  15. hokkoda says:

    One of the interesting insights Kash Patel (Nunes’ investigator, former DOJ) provides in the Lee Smith book is that DOJ never, ever, admits error. Even when it is obvious error. Even when they provide evidence of their error (such as new dates on documents…). It’s their culture. So what you do is not argue about the law, but find what they did wrong and hammer, hammer, hammer away at it. Once you find the thing they did wrong, you’ve got them because they’ll get so obsessed with not admitting they are wrong, they’ll start making even more mistakes.
    That’s what is going on here. Powell comes from that world too, and she knows this too, and she is exploiting the DOJ’s biggest weakness too.
    If Sullivan is anything like a logical person, he can look at the dates, see the obvious and almost tragically hilarious inconsistency in the dates, and throw out the entire surreply just on the grounds that if they made a mistake that stupid, which also contradicts their prior assertions, he can basically just ignore the rest of what they said.
    idk, but I think Flynn has a pretty good case to take to Trump and get a pardon. In fact, I think pardoning Flynn after the IG Report comes out would be a good strategic move for Trump to deal with the phony “impeachment”. Basically just put what Powell has done together with the IG Report and issue the full pardon. It would be like giving the finger to the Democrats in Congress by putting a fork in the tattered remains of the Mueller attempted-coup.
    Then, work with CIA Director Haspel to re-hire Flynn into a key post with direct impact on how the IC is reorganized and all the traitors are rooted out and terminated (by which I mean “fired” of course, haha). I would turn Flynn loose on those bastards and let him find them all and get rid of them. Trump needs a highly motivated hatchet-man at this point to clean house.

  16. at what point does Van Grack and his team become complicit in covering up bad behavior? And why are they willing to put themselves at risk?

    • WES says:

      CommodoreBTC:. My guess is they know the deep state will protect and reward them.

      • G. Alistar says:

        My guess, arrogance always produces a blind spot. Cocky, corrupt and tricky, in their hubris they think they are untouchable. They can’t see that this is a big trap waiting to close in on them. Even if they stop, fess up….they are toast. Toast of a burned flavor meaning disbarment, charges, trials, prison! The only get outta jail free card is IF these arrogant swamp creatures were smart enough to implicate Obama. Crooked Hillary…..not so much.

    • hokkoda says:

      They will never admit error. They cannot put themselves at risk for bad behavior because they can always claim there was some sort of administrative foul up or whatever. It’ll never be their fault, and short of text messages and emails stating “Let’s screw over Gen. Flynn and here’s how we’re gonna do it…”, they’ll never be accused or or punished for misconduct. The only punishment these people really are subjected to is having their case thrown out. But they get remembered for the convictions (like Mueller nailing Anderson Consulting), not those convictions getting tossed. DOJ has really nothing to lose here.
      Worst case, Flynn walks, and they claim it was a “technicality” but that he’s still guilty as hell and they’ll take that to their graves.

      • WES says:

        Hokkoda: Yes Van Grack is not the least bit worried. He wins no matter how the verdict goes. He successfully ran Flynn through the process for 3 years. He will be rewarded and promoted no doubt for his efforts!

        • hokkoda says:

          Exactly. Ben Wittes at Lawfare has a job waiting on “Team F Innocent People Over“. Van Grack is now a member in good standing with the Official Government Party.

        • littleanniefannie says:

          Would be nice if the entire Special Counsel crew was disbarred. Buh-bye all of you crooked bass-turds!!

          • WhiteBoard says:

            or arrested for seditious conspiracy… aiding a global pact that has yet to be provided to the american public. something they felt was taking the place of the constitution.
            Pay Attention to the Army role. Army personell that become close to the President. Their job is to protect the Flag.
            each branch has its mission.

          • DesertMoon says:

            Disbarred and their pensions removed!

            • Dutchman says:

              That would be nice, bit at this point I personally think they have moved into the territory of lead poisoning, or severe anaphalactic shock (allergic reaction) to hemp rope, resulting in death by asphyxiation.
              Let them take their law licences to their graves, and try their court room theatrics with St. PETER.

    • dayallaxeded says:

      About a 1000 points ago.

  17. johnnyfandango says:

    Powell knows even more than what she is letting on. She said so in several recent interviews. She has an inside Whistleblower. She’s stringing the Weissman hit team out. Giving them enough rope to hang themselves. Keep going Super Sid, first you’ll fck Page, then Strzok me Strzok me, then McCabe then the rest of the DOJ crooks.

  18. howardrichman says:

    So the Department of Justice just inadvertently revealed that they had been lying earlier. As Sir Walter Scott once wrote:
    Oh what a tangled web we weave
    When first we practice to deceive.

  19. Richie says:

    If that was Obamas DOJ he wouldnt have to fight them. Come On Bondo Barr!

  20. ristvan says:

    Let me predict what Ms. Powell will undoubtedly reply on Monday. Points one and two are legal nonsense. Point three ADMITS FBI did not follow their own official 302 process. Point 4 is the legal equivalent of extortion.
    Further prediction: Judge Sullivan is going to be furious with this DoJ brushoff. Ted Stevens deja vue. He will severely sanction Van Grack. Next week is going to be supercalifragilistic expialidocious, to paraphrase a certain Mary Poppins.

    • meow4me2 says:

      Ristvan, I believe that is just one word, per the excellent Ms. Andrews.

      • meow4me2 says:

        P.S. I actually don’t get Point 4 at all. Are they blaming Flynn’s lawyers for the plea deal?

        • Issy says:

          That is the inference. They were conflicted since they assisted in filing the FARA. The inference is they had to get that off the table and the way to do that was to have Flynn plead guilty to lying to the fbi and that charge dropped.

    • Jaap Titulaer says:

      “supercalifragilistic expialidocious”
      LOL I had to look that up.
      https://www.youtube.com/watch?v=vZ9Mh0yOj6k

      • Battleship Wisconsin says:

        For those of us who grew up in the 1960’s, supercalifragilistic expialidocious is burned permanently into our memories. And, someone somewhere must have kept a tally of just how many times the tune was sung on the Lawrence Welk Show.

    • I hope Judge Sullivan gives the entire Van Grack team an oral colonoscopy when he dismisses the case with prejudice.

    • Bird Watcher says:

      From your keyboard to G-d’s ears.

    • David Mitchell says:

      Mahatma Ghandi never wore shoes in his life and as a result the bottoms of his feet were like rocks. He also adhered to a strictly vegan diet and as a result was diminutive in stature. His ability to read others thoughts and feelings was legendary and his vegan diet coupled with a lifelong lack of dental hygiene and care gave him extremely bad breath. You could say he was:
      A super calloused fragile mystic plagued by halitosis.
      Thanks for the clear, concise and comprehensive analysis in all this Ristvan.

    • cthulhu says:

      Reminds me of something I heard about a biography of Gandhi. As part of his resistance to British rule, he would make reference to ahimsa, the doctrine of not harming other living beings. Accordingly, he would walk barefoot, so as to be able to relieve his weight if he were to inadvertently tread upon an ant. He would also strictly practice Veganism, and not partake of animal foods.
      Unfortunately, but inevitably, this took a toll upon his health. He became generally sickly and developed a horrible case of bad breath from the vegan diet, and his feet got pretty beat-up from all those miles on India’s road system. Though also revered as the Father of the Nation of India, he was known during his life as a super-callused fragile mystic who reeked of halitosis.

    • anthonydog says:

      THE REAL WHISTLEBLOWER STORY: DENNIS MONTGOMERY, THE HAMMER, THE HARD DRIVES, THE WIRETAPPING OF TRUMP, AND THE PROSECUTION OF GENERAL FLYNN – The American Report –
      https://theamericanreport.org/2019/09/27/the-real-whistleblower-story-dennis-montgomery-the-hammer-the-hard-drives-the-wiretapping-of-trump-and-the-prosecution-of-general-flynn/

  21. billybob says:

    Well it was Valentine’s Day , looks like the lovebirds were also loving screwing General Flynn as well as each other . Hell hath no fury …………… Let’s hope General Flynn is the one doing the screwing come Valentines Day 2020 .

  22. Zy says:

    Undercover Huber has a marvelous Twitter thread today on this subject. There’s a little issue on who took interview notes and who wrote the 302(s). Strzok or the MIA and always redacted Agent Pientka. It would be interesting to see if their stories match or conflict. Also why Strzok very publicly known and fired but Pientka is thought to still be at FBI laying low.

    • Issy says:

      ZY, why do they keep redacting his name when everybody knows he was one of the interviewers?

      • Zy says:

        IMO, they are trying to hide him because his truthful testimony would blow things up. He’s involved in both the Flynn case and with Bruce Ohr/Fushion GPS.

        • BitterC says:

          I thought they were redacting Pientka’s name because he is not SES. Have seen it claimed that they only expose SES level people in public disclosures
          I like your opinion better.

  23. JIM COMEY IS A WEASEL_DOUG says:

    So let me get this straight, the FBI 302 wasn’t “completed” until 2/14-15 but Sally Yates goes to the WH 2 days after Stroke and Pientnka interview Flynn to tell the WH Flynn is compromised by the Russians?
    On Jan. 26, acting Attorney General Sally Yates meets with White House counsel Don McGahn to warn him the Justice Department has evidence, via the FBI surveillance, that what Pence was saying publicly was inaccurate.
    “We told him we felt like the vice president and others were entitled to know that the information that they were conveying to the American people wasn’t true,” Yates said in testimony to a Senate Judiciary panel in May.
    She adds that because Russian diplomatic and intelligence officials also knew about the content of the conversations — and probably had their own proof of them — Flynn was vulnerable to blackmail.
    VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
    “We believed that Gen. Flynn was compromised with respect to the Russians,” she said. “To state the obvious, you don’t want your national security adviser compromised by the Russians.”
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    https://www.npr.org/2017/12/05/568319589/the-10-events-you-need-to-know-to-understand-the-michael-flynn-story

    • CopperTop says:

      Yes. I call this 1000 points of S$HT they are piling on POTUS.

    • todayistheday99 says:

      Is Sally Yates’ neck too thin to hang just like pencil neck?

      • todayistheday99 says:

        Actually I misspoke:
        Is Sally Yates’ neck too small to hang? I think she has her fingerprints all over this coup.

        • Dutchman says:

          No, the hangman is more concerned about body weight, than the narrowness of the neck.
          The rope has to be just the right length, or else when the rope snaps taught, instead of snapping the neck, as its supposed to, it pops the head right off.
          Not a ‘good’hanging, when that happens. Of coarse the head still has its EYES, so you can’t bowl with it!
          If the rope is too short, it doesn’t snap the neck at all, and they die slowly from asphyxiation. A curious side effect of asphyxiation is,….well, the same effect when men take that little blue pill.
          Considered especially ignominious way to die.
          Two matrons were walking past the gallows, after a public hanging (in the old west).
          The first said “Well, Black barts hung, thats certain!”
          The othrr, glancing up briefly at the gallows replied “Yes, and certainly WELL hung!”
          Hence the expression “Hang em high!”

    • bonkti says:

      JCIAWD, that is a most useful observation!

  24. hawkins6 says:

    “Mr. Van Grack was previously lacking candor” but lucky for him he is not a Trump associate so his career in the DOJ will not be adversely affected. It might even lead to a significant promotion like others in the DOJ. He can also write a book with a $5 million advance and take advantage of other special opportunities bestowed upon those before him that prosecuted, spied on, harassed or bankrupted Trump related people.

    • meow4me2 says:

      P.S. I actually don’t get Point 4 at all. Are they blaming Flynn’s lawyers for the plea deal?

      • meow4me2 says:

        Ugh, WordPress. Sorry, that doesn’t belong here. For some reason, WP reposted my previous comment from above.
        What I really want to know is – who are these publishers who aid and abet these scoundrels with big book advances? Is this really good for business? Or just another form of deep state hush money?

  25. hawkeye13 says:

    Trump needs Powell on his legal team perhaps

    • myrightpenguin says:

      I’ve heard she is working pro bono for Flynn, and this is more than a full-time job. Would prefer her and Flynn to work on a book after this, perhaps even a dramatized product, via. someone like Phelim McAleer or Dinesh D’Souza. Added to that even if/when case is dismissed there is a lot to pursue for real justice against the perpetrators (disbarments being the start of it).

      • todayistheday99 says:

        A documentary released right before the 2020 election, maybe Steve Bannon could help out.

      • MaineCoon says:

        I don’t believe she is working pro bono as she repeatedly retweets some ones posting of Flynn’s GoFundMe page, last one I saw was Mark Levine’s. I stand corrected if you have a link though. For many reasons she should be billing her time, and is. Whether she gets paid is another story.

        • myrightpenguin says:

          Even if she is not taking personal pay (i.e. pro bono), she still has support to pay, as well as all ongoing expenses.

          • Dutchman says:

            There are some things you just can’t put a monetary price on. What this has cost Gen. Flynn, for instance.
            Sidneys filings are PRICELESS, and should be used to teach a coarse at law,school.
            As for Sidney Powell, she is a National Treasure, and also,…PRICELESS!

      • BobinNJ says:

        Footnote 19 in the “bombshell” filing cites “Sidney Powell and Harvey Silverstone, Conviction Machine (Encounter Books 2020). Haven’t seen this mentioned elsewhere–did I miss it? A brilliant strategic move (in my opinion), one I can’t recall having seen before in a court filing. Similar to putting a king (the judge) in check, with the other chess pieces strongly arrayed for a checkmate. The judge must realize his decisions, including those he has not yet made, will be widely publicized in an upcoming book. Clever pressure.

  26. CopperTop says:

    Don’t forget that Sidney already filed that DOJ procedure is FBI 302 must be completed (submitted, edited) in FIVE DAYS. (SD rightly points out should be sent to system …old days we would have meant the “steno” stenographer should type it up…within 24 hours).
    So she addressed that and Govt ingnored her point.
    PS: (302s where names are in all CAPS indicated that person has a FBI 302 on the already. So when you think about Bruce Ohr 302s…you can see who had a 302 (i.e.) was interviewed by the FBI and approx when. In the old days we’d say ‘you can try and fake it but good luck getting it past the steno pool’. That meant the transcription pool has their own dating system SEPARATE from the Agent to double check revisions etc. FBI is falling all overthemselves because what has been already testified on…doesn’t match the record keeping system (Sentinel, Inc).

  27. Whitehouse Clown says:

    Tell one lie today and you will tell five tomorrow to cover up the one today.

  28. All Too Much says:

    ““Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes. ”
    When a lawyer says “no reason to believe”, dig deeper. Its a lie,

    • Do stop thinking about tomorrow says:

      Van Crack is saying we know there is an original that exonerates Flynn and we are not sure if Sidney possesses it.

      • WhiteBoard says:

        YES brillllliant. in simple language you nailed it!
        lets hope its not different (sarc) well i hope its different!

  29. Doppler says:

    Can anyone who spent time at DOJ comment on what review and involvement occurs, when a prosecutor gets accused of actions warranting criminal contempt and is briefing the issue? I would assume that person’s entire chain of command would receive notice, but I never worked there myself. Since this was a Mueller case, I assume that chain would include Weissman, Mueller (except he’s gone), the Deputy AG (Jeffrey Rosen) and Barr. How does that work, and aren’t the supervisors responsible for what gets filed by those who report to them? If so, aren’t Rosen and Barr getting their hands dirty now? Also, when does a prosecutor who’s accused of criminal contempt need to recuse himself and have someone else represent him or her?

    • CopperTop says:

      There isn’t much more to tell you other than looking carefully at the Stevens case and noting that as recently as 2014…the best the ‘experts’ have come up with is telling the DOJ they can “do better”
      It’s really lousy. These guys aren’t supposed to be seditious against the country. The misconduct procedure is framed against self-enrichment. Not political ideology…
      Here’s the go to article on the current process which you can get your own outline of how this will go down for Van Gack (if at all)
      https://www.gao.gov/products/GAO-15-156

      • Issy says:

        In other words, discipline can be ordered, but the doj doesn’t have to show it was administered. No wonder these prosecutors do what they do.

  30. Another Scott says:

    Can they just argue that the 14th one was a copy of what would be entered as the official record on the 15th? They needed to get the material to the court quickly so they didn’t take the time to get the official one they just sent over one from a file folder or something? It would almost add to their argument that the 302 hasn’t changed. I’m not taking their side, just wondering how they will explain that discrepancy.

    • WhiteBoard says:

      there is an audit trail for all agency drafting, submission, and finalizing reports.
      how many people want to go down with this ship? my guess would be no more than the few that know there is NO WAY OUT for them (dual operators)

    • Sun Yat Sen says:

      They’ve had plenty of time to “get it right.” They keep screwing up. Hopefully Sullivan says to them that they are done and need to hand everything over for a pending civil case and toss this one with prejudice. Monetary penalties per day would be nice if it goes to the individual lawyers.

  31. Shyster says:

    Sidney was on Hannity about a week ago and stated the obvious, the FBI and the Courts should not allow 1001 (lying to the FBI) charges to ever be based on an F-302 account of what may or may not have been said given the possibility of errors in understanding, memory, context and the like. Her point was that ALL FBI agents have cell phones and all statements given can simply be recorded completely doing away with any chance of intentional or inadvertent error. Given the Flynn case discrepancies, Judge Sullivan should tell the prosecutor/DOJ, No recording, no case – Dismissed!

  32. Bogeyfree says:

    I’m sure Sidney knows the points Sundance makes but it might be helpful if a tweeter would tweet this over to Sidney as I love this line……..
    In a letter from prosecutor Van Grack to Judge Sullivan last year he said there was only one edit after the date of entry; and that edit took place in May 2017.
    Whoopsie, based on what we just outlined above, it would appear Mr. Van Grack was previously lacking candor with Judge Sullivan. I shall digress….

  33. Ellis says:

    Writing this had to be humiliating for Mr. Van Grack.

  34. lgstarr says:

    Who is “Techno Fog”???

  35. T2020 says:

    Hey FBI/DOJ….lie much?

  36. montanamel says:

    It must be a FRIDAY NIGHT….
    SIR:
    May I please have another helping of documents? Sir!

  37. susanphd says:

    my understanding is that Van Graack is now in charge of FARA filings at the DOJ. Someone with his sketchy reputation regarding this Flynn case – should not hold that kind of position in our government.

  38. spoogels says:

    HUGE! Suspected ‘Whistleblower’ CIAramella May Be CIA Spy Planted in Trump White House Identified as “Charlie” in Strzok and Page Texts!
    https://www.thegatewaypundit.com/2019/11/huge-suspected-whistleblower-ciaramella-may-be-cia-spy-planted-in-trump-white-house-identified-as-charlie-in-strzok-and-page-texts/

    • Republicanvet91 says:

      If “Charlie” is Ciaramella, things just got much more interesting for many people. It makes clear the FBI was running spies in the WH since the day Trump moved in.
      It makes clear this spy was “handled” by many and known to many.
      How much of what Ciaramella did with his leaking was at the direction of those running the coup who intended to undermine Trump in any manner possible? It has been reported he was fired and sent back to the CIA for this leaking. Why not fired and prosecuted? What exactly did he leak? If it were known what he leaked, it would provide a better understanding of the intentions behind the leak.
      When exactly did Ciaramella leave the WH?
      Finally. Did Schiffhead know this guy was a spy planted in the WH when he met with him on Ukraine? Were they so brazen to think they would get away with using the same soy boy without getting caught? Or did they just not care knowing it would be just him taking the fall?

      • Republicanvet91 says:

        I see in the RealClearInvestigations article, Ciaramella was fired in “mid-2017”.
        Which made me wonder how he could blow the whistle with Schiff…until I read further into the GatewayPundit article, and see that he was brought back to the WH by McMaster. It does not say in what capacity he was brought, and when he may have left.
        McMaster is another snake that seriously needs to face consequences.

      • beach lover says:

        He was fired in May of 17 for leaking (remember all the nonsense from Sessions about leaking going on around that time), but there was much much more going on during that time. The small group was just getting their scheme going on all cylinders.
        If Ciaramella was fired, yet was transferred to the CIA as reported, then he just was hid back into the swamp. He is part of those whose main goal was to undermine the Trump administration. He is Brennan’s boy along with a whole host of many.

  39. Even prior to the time when agents were required to preserve their handwritten notes, the fact that there is a 15+ day lapse between the time of interview and the “final” approved report of that interview ALONE would raise suspicion and be cause for suspicion.
    The rule of thumb for interviews that aren’t audio or video taped is for the investigating / interviewing agent to submit his written Memorandum of Interview the following day….at the latest.
    This stinks BIGLY.

  40. The only reason that the FBI would continue to use written notes during an interview, is to achieve the outcome they hope to achieve.
    Videoed interviews do not lie!!!
    Unless you want the advantage to mull over the interview and write your recollection of the interview and change the answers, leave out pertinent information possibly helpful to the person you are interviewing…a logical person would think these interviews would be recorded.
    Video recorders don’t lie— people do.
    This is the first thing that needs to be changed unless entrapment is still the name of the game for the FBI.

    • bofh says:

      Anything can be faked if time and facilities are available. About the only safe thing would be to allow the interviewed person to record and keep their own copy of the interview. But just about anything has to be fairer than allowing the FIB to write up their “impressions” and treat it as if it’s worth something.

  41. V says:

    The firm is not “Covington, Kelner, Anthony, and Langton Inc.”
    It’s Covington & Burling, LLP.

  42. susanphd says:

    “Can they just argue that the 14th one was a copy of what would be entered as the official record on the 15th? They needed to get the material to the court quickly so they didn’t take the time to get the official one they just sent over one from a file folder or something? It would almost add to their argument that the 302 hasn’t changed. I’m not taking their side, just wondering how they will explain that discrepancy.”
    probably what may have happened.

    • 1 Observer says:

      Wow, so the DOJ states they “don’t have the phones”, yet know that “the evidence they likely contain is neither material nor favourable to Flynn’s defence…”
      Didn’t realize they were Jedi…

      • leon0112 says:

        Just a guess. But Barr (and Durham) could be feeding Powell with information, so that Sullivan is forced to find Lieu and Van Grack in contempt. This gives Barr the excuse to fire his prosecutors and have a fig leaf against charges of playing politics. It also gives him the excuse to declassify all of the documents that Powell is requesting to satisfy the Brady request. Once again, the Flynn case provides the fig leaf against charges of political gamesmanship. Finally, Barr can start draining the swamp.

        • Truth seeker says:

          It sure looks that way, doesn’t it?
          That would certainly be some chess. Barr wasn’t born yesterday. He is very intelligent and he knows his way around that place better than anyone. He’s aware of all the political games and I’m sure he has a few tricks of his own up his sleeve. Your point of contention would certainly be a good one.

      • leon0112 says:

        Just a guess. But Barr (and Durham) could be feeding Powell with information, so that Sullivan is forced to find Lieu and Van Grack in contempt. This gives Barr the excuse to fire his prosecutors and have a fig leaf against charges of playing politics. It also gives him the excuse to declassify all of the documents that Powell is requesting to satisfy the Brady request. Once again, the Flynn case provides the fig leaf against charges of political gamesmanship. Finally, Barr can start draining the swamp.

  43. Boots says:

    He could’ve had that era’s version of Lawfare in mind.
    —–
    “The first thing we do, let’s kill all the lawyers”.
    ~ William Shakespeare’s Henry VI, Part 2, Act IV, Scene 2.

  44. What a great, unexpected nugget. Hilarious!

  45. gary says:

    any wagers that sydney powell is given even more evidence against the prosecutors, ,to use in her tuesday response?

    • Tl Howard says:

      I thought the Judge essentially said to both sides, “Enough. This is it.” No?

      • gary says:

        sydney has till tuesday to address the DOJ response from today. what i mean is maybe sydneys source in the DOJ will give her more ammo to support flynn.

  46. Ackman419 says:

    SP is toying with them, at this point. Captain Obvious thinks she has a source which will continue providing as many docs as needed to unravel this scheme. God Bless Sydney Powell and Gen Flynn.

  47. Proud American from Texas says:

    Ms. Powell, if you see this, why does the accompanying agent’s name remain redacted? Surely, Gen. Flynn knows who it was. I’d expect that he’s told you, as his attorney.
    Is it significant to Gen. Flynn’s case, that the name of the second agent remain redacted?
    A separate case?
    Just curious.

    • Erik Heter says:

      It’s really comical at this point that they keep redacting Pientka’s name, as everybody following this case on both sides knows who he is and knows he’s the name behind the redactions. It’s possible he’s flipped against his former partners in crime, and that could be their excuse for redacting his name … but it’s still ridiculous at this point.

  48. Erik Heter says:

    Every prosecutor that has touched this case needs to be held in criminal contempt, indicted under the statute of deprivation of rights under color of law, thrown in prison, and disbarred. And then Flynn should be able to sue them.
    Reading the above, it appears that Van Grack has pretty much screwed himself by lying to the judge. In his other filings, he more or less was giving the middle finger to Judge Sullivan and his Brady order. It’s really hard to see how he doesn’t get sanctioned, but it shouldn’t stop with him. As I said, every prosecutor who has touched this case needs to be hit and hit hard.
    Also, since Jesse Liu is signing off and has willingly made herself a party to this corruption, she needs to be sanctioned too, and subsequently escorted out of the DOJ forever. Part of me wonders if Barr put Liu in this position, effectively giving her the rope to hang herself with, knowing how she purposefully tanked the Awan and Wolfe cases to cover up for politicos.

  49. J says:

    And NO ONE in the doj will ever even be charged

    • anthonydog says:

      I believe those in the DOJ that perpetrated the gross prosecutorial misconduct will pay a heavy price.
      Consider that Judge Emmet G. Sullivan has seen this goat rodeo before…Hidden witnesses, altered and fabricated documents, the destruction of the rule of law— all took place under the Senator Ted Stevens criminal case. The DOJ did not even receive so much as a slap on the wrist then and I fo not believe Judge Sullivan will tolerate the same outrage once again. That there were no consequences for the DOJ under Stevens only gave rise to the corruption in the Flynn case. Sullivan had been led to believe Flynn was guilty of treason by a lying corrupt DOJ.
      Sullivan admonished the prosecution in Stevens and warned that the rule of law “falters” when the prosecution does not respect the rule of law. Imagine what Judge Sullivan is thinking now knowing the criminal malfeasance perpetrated by a prosecution that was involved in sedition and treason … excoriating the prosecution will not be nearly enough as the prosecution’s behavior was criminal. If the rule of law is to stand the judge must mete out consequences— harsh consequences, or the rule of law falters.
      Note that DOJ Assistant U.S. Attorney Deborah Curtis was recused as lead attorney from the Flynn prosecution team.
      I suggest we pray that Judge Sullivan has the will and the intestinal fortitude to do the right thing and is guided by God Almighty. Our nation, our freedom, our Constitution hang in the balance.

      • aarmad says:

        I hope you are right! The time has come to see some real justice, BUT I will believe it when I see it!

      • JiminCO says:

        As a lawyer who deals with written evidence often, the very fact (text messages) that there is legal deliberations of a summary of FBI interview (massaged by non-participants), is a grave impeachment of the evidence veracity. All of that should be shot out of the sky, and Michael Flynn be allowed to fly high in the purified air as a totally free (exonerated) man.

      • VoteOutIncumbents says:

        There was a CIA “contractor” about two years ago who came forward and admitted he was hired to wiretap federal judges because the CIA and FBI wanted “leverage”. Makes me wonder about any federal judge, including Judge Sullivan. We’ll soon see. If this case is dismissed we’ll know. And if it isn’t, we’ll know.

      • mike says:

        Stevens’ case didn’t give rise to systemic govt misbehavior, it might slightly embolden what was already happening. The Stevens case simply made some of the public aware of the gross power and abuse that was happening in DoJ. They have continued to do as they want with little evidence of constraint.

        • anthonydog says:

          Mike, according to Sidney Powell in her book “License to Lie” and Rob Carey in his book on Ted Stevens there were no consequences to the prosecutors for their illegal and egregious actions. The one prosecutor, who was led astray by the rotten lead prosecutor in Stevens, killed himself.
          Judge Sullivan excoriated the prosecution though the DOJ did not mete out consequences for the illegal actions of their prosecutors.

      • Janus says:

        anthonydog, you say, “I believe those in the DOJ that perpetrated the gross prosecutorial misconduct will pay a heavy price.”
        Out of curiosity, upon what evidence or recent prior examples do you base that opinion?
        While I appreciate your optimism, I think it’s unrealistic.

    • erp says:

      New sheriff in town and he’s taking no prisoners.

      • mike says:

        Show us the executions.

      • Janus says:

        Gosh, I must have missed the headlines. Who’s been arrested / indicted / prosecuted, of course, other than Paul Manafort and Roger Stone.

        • Do you think the DOJ teams went to Italy and the Ukraine for vacation? Do think the raid on the Vatican bank, a bank started after WWII by the CIA and Cosa Nostra to launder narcotics and child trafficking proceeds, was a joke? Do the record number of arrests of pedophiles not convince you there’s a real president in DC? Those arrests, international in scope with US involvement like the one just announced in Brazil, include that of Mosad thug Epstein, who Trump’s Cabinet official let skate when he was a DOJ US Attorney in Florida when the closeted, Indonesian Muslim, non-natural born US citizen and CIA controlled asset, Barry Sotero, was running the country into the ground, who just before he resigned from Trump’s Cabinet said Epstein was a foreign intelligence asset. Oh, and Trump gave the sexual deviant sociopath Zionist POS John Bolton the old heave hoe via Twatter on the anniversary of 9/11, a false flag op of the Bush/Cheney/Rumsfeld crew, Israel and Saudi Arabia. You’ll be stunned in the end of this term and even more stunned by what Pres. Trump does when he landslides the criminal DNC into oblivion in 2020.

    • Jack Schiraldi says:

      You’re right but because all 3 branches are involved – Remember Judge Sullivan replaced Judge Contreras after the Court recused him involuntarily. Why? Good buddies with and was having dinners with Peter Strzok.Uh Oh – Its so much more than a few crimes

    • D'Arcy says:

      God bless you Sidney Powell ! Piercing the veil, tip of the spear.
      I am a life long liberal. Ya, REALLY.
      I HATE CORRUPTION.. DRAIN THE SWAMP MR. PRESIDENT.
      To you, Gen. Flynn a salute from an old Argyll and Sutherland Highlander. UK
      Um, so where do you two want your monuments? ” My country tis of thee…”
      To America We, the rest, NEED you standing as a RIGHTIOUS NATION.
      May God be with you.

  50. j'accuse says:

    Given the MOAB Sydney Powell dropped on the govt alleging in much detail, among other heinous acts, a meeting of top FBI & DOJ officials discussing various means of entrapping or otherwise framing Gen Flynn, you’d think Van Grack would have had the common sense to not even file the brief or at most just deny the materials were required to be produced under Brady. Powell unleashed her claims of misconduct in the context of a motion to compel discovery in order to get it on the record, so the government had no duty to respond to respond to them. Any sane prosecutor would have dropped that brief on the AG’s desk and let him or her deal with it, which in a normal world means using govt resources (like the FBI) to investigate to determine if the allegations have merit. If they do then you better run not walk to notify the court and put the case on hold while you figure out how you are going to proceed and to what extent you are required to disclose to the court any false statements made by the government and whether circumstances exist to warrant a dismissal with prejudice.
    Yet Van Grack does the worst thing possible, which is to make numerous statements that can be read as taking an affirmative position by the government such as this: “Without citation or explanation, the defendant intimates that such words were edited out of an earlier draft of the interview report….There is no evidence that that occurred.” He better hope it *didn’t* occur because he not an island of his own but speaks on behalf of the entire government, and by signing the pleading he is personally responsible as a lawyer and officer of the court for the their veracity. He can’t just blithely claim he isn’t himself aware of such evidence, if that what he means by ‘there is not evidence that occurred’ statement means.
    Next he repeatedly. accuses Gen Flynn of lying, not just about the false statements he is being prosecuted for, but regarding numerous other matters not related to the charges and to other people such as the Vice President. That is unprofessional and uncalled for in any criminal case and reveals anger and prejudice against the defendant by the government, which the defense will surely make use of in the future.
    I didn’t know previously that rather than have his agents testify before a grand jury to get an indictment, Van Grack got Gen Flynn to sign the plea agreement first and then filed a criminal information setting forth the charges, presumably at Mueller’s direction but he signed it. In such a high profile case, to not have a grand jury hear evidence and certify the charges is something most prosecutors wouldn’t do because of the possibility of exactly what has happened here — an effort to withdraw the plea which opens up a can of worms if the court grants it and your witnesses have to testify. It’s self preservation because no prosecutor wants to become the target if witnesses change their stories and inevitably claim they always told the truth and it was the prosecutor who perpetrated the fraud.
    For all I know Powell is just spinning more ‘conspiracy theories’ with no basis in fact but I can’t understand why a lawyer representing the US govt could be so casual and at times flippant when a man’s career, livelihood and freedom is at stake. This isn’t some civil case where overpaid lawyers arguing about money are slinging mud at each other’s client. I know nothing about Mr. Van Grack or his background and experience, but if his behavior reflects the culture at DOJ then something has gone terribly wrong because the vast, vast majority of criminal prosecutors across the US take their responsibilities very seriously and are quite aware of the power they enormous power they have been entrusted with. Clinging to legalisms at this point just rubs salt in the wounds of Gen Flynn who was targeted by the very government he served for so long. Everyone now knows the prosecution is corrupt root and branch so who cares if made false statements. He had no obligation to tell these rogue agents anything much less the truth. The damage selfish officials have done to public confidence in the impartiality and fairness of our criminal justice may never be repaired and right now our claims to freedom, equality, due process etc etc are just more hot air. Vladimir Putin was a KGB officer in his younger days so he better than anyone ‘understands’ the priorities of the people behind this and the ‘necessity’ of the action taken. We confirmed to him that we are corrupt phonies he’s been telling his people we are for decades.

    • trump20162024 says:

      “I can’t understand why a lawyer representing the US govt could be so casual and at times flippant when a man’s career, livelihood and freedom is at stake.”
      . .
      That’s because you aren’t in the corruptocrats’ club.

    • vexedmi says:

      Some history on Van Grack:
      Harvard law School – 2003-2006
      DOJ – 2010-2014 Trial lawyer
      DOJ – 2014-2015 Counsel of the Assistant Attorney General
      U.S. Attorney Office – 2015-2017 Special Assistant U.S. Attorney
      DOJ – 2017-2019 – Senior Assistant Special Counsel
      DOJ – 2019- present – Chief (FARA)

      • reddog says:

        He’s member of the ring knocker club and a DOJ lifer so I suspect he’s as corrupt as the rest of them.

      • Issy says:

        He was the chief of FARA. The FARA charge was held over Flynn’s head. I think the FARA negotiation needs more attention, considering how the plea deal went down,

    • oodeluph says:

      Powell. Will. Bury. Them.
      And then take them to civil court for the millions of dollars these Stalinist traitors cost General Flynn.

      • larrythelogger says:

        As long as these DOJ Marxist lawyers remain employees of the government, Flynn can only submit a tort claim for damages against them which will be denied by yet another Marxist deep state judge. You cannot sue the federal government.

        • Kleen says:

          Even when they planted crimes on you and targeted you for political revenge?
          If that’s the case we are all screwed. This is tyranny.
          Go after Hillary and her Fusion GPS thugs

        • Orville R. Bacher says:

          Yes, you can sue the Federal government. It is the Federal government’s criminal employees that are hard to sue. But it can be done, and in the Flynn case, it must be done.
          Nothing the DOJ, FBI, or CIA have done to Flynn was done for the good of the USA. It was all done for personal enrichment.

        • oodeluph says:

          You can sue individuals.

      • aarmad says:

        I hope beyond hope you are right! Flynn should be compensated hugely!

      • Kathleen Phillips says:

        I pray she does just that.

      • Carl Vehse says:

        But will AG Barr bury these DOJ scoundrels in criminal charges. I’m not holding my breath.

    • Zippy says:

      “He better hope it *didn’t* occur because he not an island of his own but speaks on behalf of the entire government, and by signing the pleading he is personally responsible as a lawyer and officer of the court for the their veracity.”
      Do you not understand that someone who speaks for the DO”J” damned well KNOWS that neither HE nor his lies will ever be investigated? Doesn’t 1000+ days of the so-called Trump administration without even a single INDICTMENT or the coup perps give you a clue?

    • jiminCO says:

      There are once powerful people in the DOJ/FBI/SofS who are FORCING the govt lawyer to argue very dangerous positions. the Cabal is nervous and forcing him to do this.

    • flyboy46 says:

      Thank you for the very informative post from a lawyers perspective. I just stumbled over another site that has an excellent writer by the name of Howell Woltz at the site http://www.pickeringpost.com. Check out HAKLUYTI The guys who tried to take down Trump, and Dead Men Don’t Need Impeachment. He may even have some info Sundance can add to his pile.

    • foodog says:

      “IANAL nor do I play one on the internet” Joking but serious-
      I agree with your sentiment:
      “I know nothing about Mr. Van Grack or his background and experience, but if his behavior reflects the culture at DOJ then something has gone terribly wrong because the vast, vast majority of criminal prosecutors across the US take their responsibilities very seriously and are quite aware of the power they enormous power they have been entrusted with. Clinging to legalisms at this point just rubs salt in the wounds of Gen Flynn who was targeted by the very government he served for so long. Everyone now knows the prosecution is corrupt root and branch so who cares if made false statements. ”
      As an American citizen and veteran I want to believe and give benefit of doubt to those who have sworn an oath.
      It seems to me as a layman we are at the tea leave reading stage- like haunting SCOTUSblog or other sites where actual appelate lawyers might carefully weigh in to explain convoluted court processes, and we all struggle to divine possible political influences on the judge.
      Based on the fact pattern laid out by Ms Powell, and her past experience, and service to this Nation, I can only say I most sincerely hope and pray that Judge Sullivan hold bimself to the highest standard of honor and integrity. His decision on Stevens, and admission he mispoke calling Flynn a traitor gives me belief in his ability to do so.
      We are at a crux here, and the trust of Americans in Justice at DOJ is at an all-time low.
      I believe the win at all costs mentality that corrupted the 7th floor at FBI HQ and was endemic in Obama DOJ, by design in the radicalization of Civil Rights Division, has been demonstrated by Ms Powells own book, and in Weismanns prosecution of Trump. And might be at heart of Van Gracks motivations.
      Now the question here is, does the Judge see the same, and will he do the right thing.

    • Road Runner says:

      IIRC, Van Grack was also the one that used sketchy/sleazy methods to gather up all the Trump ‘Transition Team’ emails… Nothing he did/does surprises me…

  51. lieutenantm says:

    wow. very sharp stuff!

    • Phil Bacon says:

      Note the FD-302 dated 2/14/2017 submitted Friday does not carry the “Official Record” stamp above the date of entry as does the version dates 2/15/2017.
      So an earlier version existed and a comparison of the content in both shows…..?

  52. Jerry Joe says:

    I would never attach an ounce of weight to those notes attached as Exhibit #1. They are not notes of someone taking them contemporaneously with an interview; they are not first draft notes of someone sitting down and writing notes of what he remembered being said following an interview, leaving a location, travelling to another location and putting pen to paper. An impossible feat.
    Margins, form, spacing, order, insertions, and penmanship more than confirm this Exhibit is nothing more than a final written draft of what was decided the typewritten 302 should look like. Now unless one of those agents were wearing a wire could those notes ever be considered a first handwritten draft, which would beg the question of why wasn’t its tape just handed over…
    This analysis is consistent with the assertion of Jessie Liu, on the bottom of Page 6 and top of Page 7: that the government has tendered every “draft” in its possession. She cleverly omitted the word “notes” in her brief. Other notes would have been humanly required to create that handwritten draft she attached.
    Minor aside, sure hope the gubmint at least reviewed the signed written waiver Covington obtained from Flynn regarding their actual conflict…

    • An says:

      IIRC, the FBI has a policy of *not* taping interviews.
      If this makes no damned sense to you, then congrats, you have a brain. I’m convinced that making this an absolute requirement in all FBI interviews is one of many necessary reforms. I believe such a requirement already exists for other police (and if there’s anywhere it does not, this also needs to be reformed).

      • mickjt says:

        The FBI does NOT want recordings…if they were forced to make them then they couldn’t change notes/documents to frame someone…obviously that is what they have been doing for a long long time…Flynn is just the latest victim!
        Of course we all know that with recordings the questions and answers are ON the record and NO ONE can change that! (recordings need to have a double backup to be sure they ‘don’t get lost’. Given we have hard core criminals inside our govt. this is the least we can demand to hold them accountable. I feel that those that perpetrated this scam on Flynn should get the harshest sentence that is legal! Personally I would buy the ropes and/or bullets for the firing squad and enjoy every second of them getting their ‘reward’!

    • Bob says:

      What is the rationale for no taped interviews other than it gives the FBI the ability to write anything they want? Every interview should be tape recorded with a stenographer present to keep the FBI honest.

      • mickjt says:

        But the FBLIE is Honest…Urk,………

      • plane of the ecliptic says:

        This is the same FBI that is called in to investigate local and State Law Enforcement Agencies for misdeeds. Some of those Agencies get in trouble for, you guessed it, not having recordings/videos to back up their side of the issue. 302s what ya gonna do?
        We are not any different than Mexican Citizens facing the fact that their Government and its Security Services are corrupt.

  53. Buttercup says:

    No taped interview eh? How convenient for the prosecutors. So they can just write down whatever they want and say it is so.

  54. noswamp says:

    Barr should step in, but he can’t each State AG is a corrupt bureaucrat onto themselves. And these guys were sure corrupt. Sullivan should throw the book at them.

    • Don’t forget that this attorney isn’t just a “…State AG (who) is a corrupt bureaucrat…”
      No, Brandon Van Grack is a specifically chosen, highly regarded FBI attorney, hand-selected by Robert S. Mueller III, himself, to comprise the vaunted Mueller Special Counsel Investigation to Determine Trump Campaign Involvement with Russia.
      AG Barr wouldn’t step in and interfere with this debacle for all the gold in Fort Knox. He will, however, sit back and watch this $h!t Show and hope that he will have an opportunity to nail Jesse Lui for her lack of oversight into this steaming mess.

      • Joemama says:

        I will do a triple back flip, if that f’ing traitor Jessie Liu gets indicted or fired.
        No “decline to prosecute” for you, traitor!

  55. leftnomore says:

    Watch and Learn, GOP. This is how you fight. Get off of your backs, stop asking for “fairness” and do your own investigating. It takes a woman to show those congress dudes how it’s done. If I hear one more R whine that Schiff isn’t being fair I’m going to lose it.

    • getitright says:

      I agree completely. Graham et. al need to get there respective crap together or we are going to lose what little faith in justice may exist. This erosion has been going on for decades but seems to be in overdrive currently.

      • mimbler says:

        I’ve given up on Graham. His failure to do a single thing as chair of his committee has convinced me he is compromised. Whether willingly or unwillingly I don’t know.

    • Conservative_302 says:

      Amen to that. I can’t stand the whining either. They look like the JV league. Trump despite huge resistance finds a way to get things done. Republicans need to follow his lead. So far they look lost, out of their league, and embarrassing.

      • MGBSE says:

        EXACTLY!!!
        If Schiff is meeting in secret everyday….Then the Republicans need to openly hold court in the open Halls of Congress EVERYDAY.
        Give a timeline of EVERYTHING the RATS did before, during and after the Election…right up to…but NOT including President Trump’s Ukraine phone call.
        EVERYDAY – 10 points of RAT criminal actions.

    • Libertybella says:

      Exactly right leftnomore..the whiny ahole Republicans need to find their cojones and start actively and intelligently fighting back..they seem in complete disarray…no coordinated strategy..just complaining all the time….Sidney Powell has shown the way…Lady Justice with a double barrel shot gun….sure wish i could meme?

    • JiminCO says:

      unless, of course, the top turtles in the GOP have their own graft skeletons. That’s my bet.

    • Joemama says:

      It will never happen. We have a uniparty of criminals. The RINOs are just as guilty as the democrats. McConnel’s wife is taking bribes from the Chinese communist party, for instance.
      You can count on less than two hands the politicians in congress that are not criminals. All the rest of them are felons and traitors.

  56. Newhere says:

    So, in pages 10-11, prosecutors take umbrage at the notion Gen. Flynn’s “lies” weren’t material, because, they claim, they were investigating possible coordination between the Trump campaign and Russian interference in the 2016 election. “It was imperative that the FBI determine whether and why such communications with the Russian ambassador occurred.” Pg. 11.
    Alrighty then. One might be forgiven for taking this statement to mean the FBI did not know “whether and why” such communications occurred. One might also be forgiven for assuming the interest in Flynn had to do with Russian interference.
    Of course, neither is true. Which the prosecution admits, trying to explain away other misconduct.
    In the immediately proceeding pages, prosecutors flaunt that they already had this knowledge, and instead were prompted to run over the WH to interview Flynn because statements from WH officials proved Flynn “lied to other government officials,” a fact they knew only because they knew the entire content of the Kislyak communications.
    Which is it, counselors?
    They pretend not to know what Powell possibly could mean in questioning the factual and legal basis to interview Flynn at all.
    Well one might be forgiven for taking the above explanation to mean that the basis for conducting the interview was when the FBI learned that Flynn “lied” to others in the WH. Let’s set aside for the moment whether it’s the FBI’s job to police executive branch communications, and let’s assume for the moment they were properly authorized to spy, which they weren’t. But setting aside those massive, screaming questions as to proper predication — if the “lying” were the actual prompt, why a need to interview Flynn at all? Interviewing Flynn about the content of his Kislyak call literally *couldn’t* produce evidence about whether he “lied” to other officials; The evidence was the taped call which they already had. That’s all Sally needed for her White Knight run to WH counsel to express her grave worries about Gen. Flynn.
    Of course, in Congressional testimony in the weeks following Flynn’s resignation, Sally Yates gave a totally different explanation: she said the agents were investigating a potential Logan Act violation, having picked up the Kislyak call from what she and Clapper allowed people to assume was incidental collection under FISA (which a Strozk text implies is false).
    So let’s review the record on the factual and legal basis for the interview:
    Ongoing investigation of Trump campaign coordination with Russian interference? If they were looking for evidence of “coordination” they had the best evidence in the taped call. The only thing to be gained would testing Gen. Flynn’s demeanor and forthright-ness — which is entirely silly because they knew Flynn knew they already knew the content of the call from taping it; DOJ already had written a memo concluding Flynn wasn’t coordinating with Russians; and not to mention we are (hopefully) soon to learn the “Russia coordination” investigation was fraudulently predicated in the first place; and also not to mention Flynn was briefing U.S. intelligence on foreign contacts the whole time anyway.
    So Russian coordination? not a legitimate factual basis and legal basis.
    Potential Logan Act violation? Yeah, we never heard that one again after Sally coughed it up in Congressional testimony. It’s never mentioned in DOJ’s filing.
    What about the Turkey agency kerfuffle? Well that’s fallen apart by now, with his associate’s conviction being set aside. And if there were a legitimate reason to investigate Flynn in the first place, it’s beside the point because it has nothing to do with why they interviewed him on Jan. 24.
    So all that’s left is what the prosecution essentially admits on pages 7-8: They knew WH officials were misinformed about whether Flynn talked to Kislyak. To review — there was nothing illegal about him doing the call; and even IF the “Russia” investigation were properly predicated (it wasn’t), they didn’t need to interview Flynn to know what was said. And even IF it were any of NSD’s damn business what one WH official says to another, they didn’t need to interview Flynn to rat him out, because they had the call transcript. Notice, they didn’t ask Flynn, “why did you tell your colleagues you hadn’t talked to Kislyak?” They didn’t ask because they didn’t give a rip, and they didn’t need any proof, either.
    All of which means necessarily that the ONLY reason for the interview — by DOJ’s own admissions — was to create an opportunity for Flynn to mess up in recounting the content of the phone call that they knew was entirely legal, for the purported reason that he’d “lied” to colleagues, which they already had proof of and also haven’t claimed is a crime.

    • Newwhere:
      VERY COHERENTLY DONE…Take a Bow!!!!
      IF Judge Sullivan does NOT look at the script as you have proposed then he will be COMPLICIT IN THE COVERUP…I think this Judge knows this and it will be favorable.
      And if HE goes AGAINST Gen Flynn…there will REALLy be some fireworks!!!!
      OH TO BE A FLY ON THE WALL IN SULLIVAN’S CHAMBERS!!!!!!!!!!!!!

    • LivLovely101 says:

      Is that you Sydney? 😉

  57. spinoneone says:

    This is a prima face triple felon: 1) making false statements [in the faux 302 & DOJ filings to Court]; 2) perjury in giving false testimony to the Court; and, 3) obstruction of justice.

  58. Bulldog84 says:

    Van Grack is either entirely unethical, or he is in way over his head. If you know that your client has withheld or destroyed evidence (in this case, an earlier draft of the 302), and it now appears he either does or has strong reason to believe it happened, you simply do not behave the way he is behaving. If the judge doesn’t see this, he has lost control of his senses.
    I’m afraid that the best Gen. Flynn can hope for at this point is that the judge will set an evidentiary hearing at which Powell can call the agents, Page, and whoever else had knowledge of the 302 drafts. He should get a dismissal; I’m just doubtful he will at this point.

    • dwpender says:

      Powell hasn’t moved for a dismissal at this point. I agree that Judge Sullivan will not likely grant one NOW. His opinion on the motion to compel, however, will signal one way or another how he views the likelihood that there was gross government misconduct in entrapping Flynn and/or withholding Brady materials. If the signal is affirmative, Powell will then file such a motion, which the Judge would not likely grant without an evidentiary hearing.
      In the event the Judge denies a dismissal motion, are you convinced he would not instead grant a motion to withdraw the plea? If he did, the prosecution would be in a real pickle. Strozk and Pientka are essential witnesses. They cannot be avoided. And Powell will have an opportunity to cross-examine both extensively. Might either or both of these “star witnesses” invoke the 5th? (I also would be very interested to learn how exactly the Government intends to prove the authenticity of the Kislyak recording without compromising underlying details about how it was obtained — which the Government would be very loath to expose.)

      • Barnestormer says:

        Flynn has twice rejected the opportunity to withdraw his plea, which if granted would (theoretically at least) expose him to a trial beyond the single count of lying to the FBI. The defense would not be without its own “pickles” by maneuvring toward a trial.
        To this point Sidney Powell’s strategy appears to have been to mount an “egregious misconduct” case for sua sponte dismissal, or to create enough risk to the prosecution (her motion to compel also moved to show cause for contempt) that the government would itself move to dismiss.
        Meanwhile, it’s not clear that all defense cards are on the table. Powell has intimated as much in public statements, the Mifsud phones have already drawn a defense reply in advance of next week’s filing deadline, and there’s this intriguing hanging 302 chad:
        The prosecution’s Nov. 1 sur…rebuttal contained a footnote 2, which asserted that, with no legal obligation to do so, on Nov. 22, 2017, it supplied the defense with “the FBI report for the defendant’s January 24 interview.”
        Meaning that after the fourth of five “voluntary interviews” with Flynn, the prosecution charitably produced some version of the Jan. 24 302s (AKA Government’s Exhibit 1 if there’s a trial) and conducts the last of five interviews a week later on Nov. 29, whereupon Flynn signs a plea agreement on Nov. 30, and enters a guilty plea on Dec. 1.
        (Side note to the government’s argument that Flynn’s misstatements were material to their
        “criminal investigation.” Really? Until the Weissmann/Mueller do-over, they seemed pretty ho-hum to the FBI under the counterintelligence investigation known as Crossfire Hurricane. Wonder what changed.)

        • dwpender says:

          I would agree that ordinarily there would be risks to a defendant who successfully withdrew a plea. With the FARA prosecution failure, it is my understanding that that avenue is now foreclosed. What else does the Government have? If they choose to pursue anything Flynn did while with the Trump campaign, transition or Administration, the prosecutors would again face the likelihood of seriously tainted “star” witnesses, plus the problems associated with proving how the Government acquired its critical “evidence.”
          One other consideration may weigh on Flynn’s deliberations. After Powell started filing in earnest, POTUS, who has full pardon power, tweeted several weeks ago words to the effect that “Michael Flynn was set up.” President Trump had never gone quite that far before in his expressions of sympathy for Flynn.

          • Barnestormer says:

            Isn’t Rafiekian’s case still in limbo, pending a DOJ decision re appeal? Or am I behind the news? Here’s a quote from Reuters following Judge Trenga’s decision tossing the conviction:
            Trenga said if a federal appeals court found enough evidence to sustain Rafiekian’s conviction, he would grant a new trial, citing concern about his own jury instructions. [My emphasis]

        • mickjt says:

          I think you’re right, I’ll phrase it another way…Ms. Powell has the govt. thugs by the throat and she is slowly squeezing. They know that because their actual case is full of holes. Their reply to her pleadings are just more DOJ and FBLIE BS. I think she is playing super hardball and knows more than the DOJ and FBLIE thinks she does…Sundances exposure of Stroke (what he’s about to have) and Page is surely in Ms. Powell’s back up material. To the DOJ, FBLIE lawyers, this is a cat and mouse game. Sadly they think that but Defense attorneys know it’s life or death.
          The other thing that has some weight is that Ms. Powell has written positively about Judge Sullivan taking care of the Senator Stephens case and he knows that. Sad he didn’t put all the crooked lawyers in PRISON…Now is your chance to fix that mistake Judge. If you don’t we’ll know for sure you’re part of the Deep State!

  59. Judge Sullivan should have recused himself after his outburst against Flynn in open court. His career should have come to an end, in disgrace.
    But then, nothing that “should” have happened HAS happened, to date. Until Sidney Powell. And what should happen now is that her efforts should kick a wall-sized hole in the firewall protecting Obama/Soetoro himself, because that’s who to blame. When his human tools exhibit unprofessional, personal vindictiveness against their victims, it is his unprofessional, personal vindictiveness being given expression by those suborned incompetents. Every one unworthy of their positions of power or authority, no matter what level of power or authority, from a CIA spy in the White House to the ex-President himself.

    • doofusdawg says:

      Sidney should threaten to withdraw the guilty plea and demand a jury trial. She should then provide a list of witnesses she will be calling to be deposed… pretty much everyone in the previous administration with no exceptions. The doj will drop the case.

      • William H Gilkerson says:

        That is exactly what she is going to do if Sullivan does not rule in her favor. And he knows it.

      • NC Nana says:

        Dawg –
        While I want this to be over for General Flynn, the idea of deposing the previous administration has a strong appeal. It could even be considered winning. – Nah, General Flynn and his family deserve a break. Although depositions had a certain ring.
        When this is all said and done: Sidney Powell for the Supreme Court!

        • foodog says:

          +1. “The process is the punishment, and discovery is a b1tch”
          Gen Flynn is the patriot standing up in the storm, un – bowed.
          That costs him, and I hear Powell has discounted her fees, making her in some respects a pro-bono hero for Justice, too.
          If you are frustrated as I, not feeling like words here do much except to convey our thanks to Gen Flynn and Ms Powell for honoring their Oaths, then yu can hit the donation site for Flynn so h is family is not bankrupted for life, in addition to his Service.
          https://mikeflynndefensefund.org
          Mods apologies if I break the rules, posting that link, feel free to reformat of course.

      • John55 says:

        >>”Sidney should threaten to withdraw the guilty plea and demand a jury trial. ”
        A jury trial in DC? It’s a foregone conclusion that the verdict will be “guilty” for whatever charges the goverment seeks to bring against Flynn. The jury will be drawn from the sort of people who booed President Trump at the Washington baseball game a few days ago.

  60. Tim says:

    Step back and look at the “forest” not the tree(s). What is forming is not only that General Flynn is innocent. This is conspiricy to obstruct justice. aka RICO
    Tic tok the Keystone is about to be placed. Almost time to reset those clocks.???
    No federal budget and best job market in 60 years. What a great time to trim the Federal payroll. 50% would be a good start, not all at once but over a couple years. Say >20,000 a month.
    Show the corruption, than slash and burn.

  61. Zy says:

    Judge Sullivan has DC in his blood. He was born and raised there. He’s served on the bench for years there, Is there any possibility that he can go against his DNA?

  62. Flight93Gal says:

    I always enjoy reading SD and especially RISTVAN for his legal interpretations. In “lurking Lawyer’s” most recent post, one comment caught my eye.
    RISTVAN claims Judge Sullivan will “severely” sanction Van Grack.
    Like many here…I remain curious on the definition and meaning of “severely”.
    Romney as “severely” conservative anyone?

    • foodog says:

      +1. This reminds me of haunting some 2A sites waiting on Circuit or SCOTUS decisions, trying to parse legal explanations, and sift out the noise.
      If someone posting here has actual experience in appearing in similar courts, similar law, but wishes to remain anonymous for professiinal reasons, it would help us noobs to know, somehow, of that extra expertice, in order to give it more weight-
      And entrusting oouselves and others commenting to respect that by NOT asking, to “out” you, jokingly well meant or otherwise.

  63. Den says:

    Where is Barr with all of this?

    • Leaving says:

      I am persuaded by the arguments that Barr has to keep this at arms length to prevent giving ammunition to the other side. Were he to intervene, there would be calls of obstruction and bias.
      But maybe he’s just a bondo guy

    • Joemama says:

      Barr doesn’t need to do anything. Heads Flynn/Powell win, tails Van Grack loses.
      By stepping back, Barr doesn’t give the cultural marxist media the ability to throw up a smokescreen.

  64. jbrickley says:

    Sydney now has the opportunity to respond to this DOJ filing. She’s got a lot more to lay down on them. Get ready for the nuclear strike. This is going to be so very good!

  65. R J says:

    The General spent his whole life in the Army for this?Why would anyone want to be a lifer in the army or any other branch and be treated like this man has?Trump is being treated the same way If you are not a dem/communist this is what you can except.Goes to show that there damn sure is a double standard in that stik hole town Swamp City.It is no wonder there is talk of another civil war.

  66. The second we have an official judicial (Flynn) or administrative (Horowitz) finding that there was the slightest whiff of prosecutorial and/or investigative misconduct, the President ought to issue pardons for everyone who stands “convicted” or still faces legal jeopardy as a result of the Russian Collusion / Mueller / SpyGate operations (I would commute Manafort’s sentence, rather than pardon).
    It will be the right thing to do and I think the President will do it.
    Let the democrat left squeal. That will only draw more attention to the workings of the failed coup.

  67. Everett Miller says:

    It’s starting to look like Trump and Pence, along with Flynn, saw the con and “played [them] along” to set the long-con trap. No other explanation for Flynn pleading “guilty” when he knew, and they all knew, that he wasn’t.
    S. Powell is brilliant and on a mission. She has the corrupt DOJ in her sights for decades, and is now getting her chance to spring her trap, and they are (corrupt incompetent treasonous fools) falling for it.
    Thank God for VSG DJT POTUS

  68. Dan says:

    I wouldn’t start planning the burning of anyone at the stake…..Powell will want a plea withdrawal first… Judge HAS to grant that….. On second thought maybe DOJ offers Flynn a much better deal and watch this go away….. Time served…..
    For the red meaters, which I am one, Sidney Powell is not gonna embarrass the Judge, DOJ knows it can no longer make a fool of the Judge….and the case gets closed on a no lo plea deal. Powell has enough leverage to not let it allowed to be sealed either….. Flynn set free….with absolutely NO HEADLINES just the same..excerpt FOX….. Nancy will then have some thinkin to do…..

  69. Sharpshorts says:

    “Whoopsie, based on what we just outlined above, it would appear Mr. Van Grack was previously lacking candor with Judge Sullivan”
    You would think Flynn’s team would catch it too but just in case they did not (because they are too close to the action to see it) it’s great that things like this are pointed out… well done sundance!

  70. foodog says:

    Once again, many thanks and a deep bow of respect to Sundance for his work, and to his mods for curating this unique space where readers can come for facts and logic, to discuss for understanding.
    That allows readers and contributors with deep expert understanding, to also weigh in with information and explanatons, like on the !egal process, that they might otherwise be loath to do so.
    “Pearls before swine” at so many other places, like the MSM agitprop outlets over run with trolls and “moderated” (Pravda on the Potomac as Izvestia on the Hudson come to mind…).
    This will take time, and patience, and more popcorn!

  71. cantcforest says:

    Thank you Sundance, ristvan, and fellow treepers, You’ve made my week.

  72. Hanuman says:

    Blogger narciso said…
    vindman, set general flynns trip to Moscow, according to sources, so that halper could set up the tie with lokhova, a year later
    _____&&
    Comment on Althouse today.
    Hope Sundance can expand.

  73. foodog says:

    Anyone else like me, a layman skimming but just now digging in deeper on this,
    for background here is a great interview of Ms Powell by Mark Levin:
    https://www.youtube.com/watch?v=-HFElf4H0t8
    And a good explanation of Ms Powells motion, by Federalist:
    https://thefederalist.com/2019/09/12/sidney-powells-latest-motion-michael-flynns-case-russiagate-bombshell/

    • foodog says:

      “Here there’s an interesting twist: Powell seems poised to also argue that the 40 pieces of evidence requested are exculpatory (and thus Brady material), because they will show that “the entire prosecution should be dismissed for egregious government misconduct and long-time suppression of Brady material.”
      The law is clear that, in extreme cases, a court can dismiss criminal charges based on egregious prosecutorial misconduct. What is unclear, however, is whether Brady requires the government to disclose evidence unrelated to the charged offense that points to broader prosecutorial or government misconduct. That is an issue of first impression that Judge Sullivan will have to address.”
      And
      Whether Sullivan will agree with Powell won’t be known for another month or more, but in the meantime, her filings are exposing the depth of the deep state and the evidence that does (or should) exist that has yet to reach the public—evidence that Attorney General William Barr had best be already reviewing! ”
      ~ Margot Cleveland, Federalist

  74. foodog says:

    And the latest ‘splainer from the Federalist, by Margot Cleveland:
    https://thefederalist.com/2019/10/30/judge-tells-government-to-respond-to-allegations-it-hid-evidence-from-michael-flynns-legal-team/
    ” But that Judge Sullivan did not limit the additional briefing to specific Brady issues, but instead directed the government to respond broadly to any “new relief, claims, arguments, and information,” suggests the long-time federal judge’s concern has been piqued by what he’s read so far.”

  75. MGBSE says:

    Stevens was innocent…charged with bogus crimes…to influence an election…Stevens lost – mission accomplished – AND died before the bogus charges were dismissed and he was exonerated….as per Harry Reid – “it worked”.
    Sullivan knew how corrupt and evil the players who manufactured the attack against Stevens’ were AND are…he spoke some words…but he took NO action against ANY of the actual criminals.
    I expect more of the same from Sullivan.

  76. Stephen Grabe says:

    i would say the BIGGEST reveal was the doj confirming it was in fact given the 2 blackberrys the federal govt issued that RUSSIAN agent, josef mifsud—the guy who was photographed with a hig ranking mi-6 official [claire smith] at a training session for italian intelligence agents…..

    • Docloxvio says:

      It is my understanding that the canard about Mifsud being a Russian agent was introduced into the soup in an attempt to justify the start of ‘Crossfire Hurricane’ . Perhaps you forgot to put quotation marks around RUSSIAN.

      • E, ROBOT says:

        New York Times Crossword Puzzle Yesterday, November 16, 2019
        16 Down > Clue: 2016 Election Meddlers > RUSSIAN TROLLS.
        Also no quotation marks.
        There are very often lefty politics inserted into the puzzles. I can usually ignore them, but this one be the one that ends my lifelong habit. I started doing these puzzles at age 14, 71 years ago and I will miss them, but enough is enough.

        • Docloxvio says:

          The salient questions are ‘Who is Azra Turk’ and ‘Who were her masters’. Discover the answers to those questions and you will find the keys to unlock the whole mystery.

  77. stylin19 says:

    Re: #1. Judge Sullivan issued a brady order 02/16/2018.
    I think the Feds are hosed. This judge does not like his orders to be half-assed.
    You can find the order here: https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.20.0_4.pdf
    “Accordingly, the Court, sua sponte, directs the government
    to produce to defendant in a timely manner any evidence in its
    possession that is favorable to defendant and material either to
    defendant’s guilt or punishment. This government responsibility
    includes producing, during plea negotiations, any exculpatory
    evidence in the government’s possession.1 The government is
    further directed to produce all discoverable evidence in a
    readily usable form. For example, the government must produce
    documents as they are kept in the usual course of business or
    must organize and label them clearly. The government must also
    produce electronically-stored information in a form in which it
    is ordinarily maintained unless the form is not readily usable,
    in which case the government is directed to produce it in a
    readily-usable form. If the information already exists or was
    memorialized in a tangible format, …

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