Reconstructing Justice – Flynn Defense Submits Outstanding Sur-Surreply to Counter Prosecution….

In the case against Lt. General Michael Flynn, his lawyer Sidney Powell previously filed a motion to compel (MTC) Brady material from the prosecution (here).  Because the MTC raised stunning, potentially game-changing, legal and ethical issues the prosecution requested the opportunity to file a surreptitious reply to the court; a “surreply”. (here)
Judge Sullivan directed the prosecution to file their surreply, and then granted the defense the opportunity to file a sur-surreply, a response to the prosecution’s last argument. Today Flynn’s attorney Sidney Powell filed that response (full pdf below).

Having read thousands, perhaps tens-of-thousands, of legal filings, motions and court documents presenting arguments of material consequence, this sur-surreply to the arguments of the prosecution is artful in its succinct intent of getting to the nub of it.
What makes this articulate reply to the court so effective, in addition to the declared truth within it, is how it is written to both Judge Emmet Sullivan and the public.  This is a motion deserving of a read by anyone who has followed the travesty of the Flynn inquisition in detail or in summary. Do not cheat yourself out of the enjoyment; read it.
The response to the prosecution argument cuts through the chaff and countermeasures and identifies the ridiculous and necessary schemes played by the prosecution, starting with their preposterous position that Flynn’s plea did not require the government to provide exculpatory, Brady, evidence.  Page One:


Flynn’s defense calls out the ridiculous.  The prosecution argues it had no obligation to tell the target about any material favorable to the defense while the prosecution was piling-on pressure to generate a plea agreement.   Then, once the plea was coerced, the prosecution claims they have no obligation to provide Brady material because the target signed a plea.
Flynn’s defense points out the ridiculous nature of the prosecution claiming they don’t possess any FD-302 draft prior to the lengthy back-and-forth, discussion and editorial process within the FBI small group that resulted in the February 15th “official” FD-302 report.
Just because prosecutor Van Grack doesn’t have the original draft in his pocket, “if it did exist”, does not mean the government does not have access to produce the 302 draft everyone knows exists within the FBI’s electronic filing system.

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, and then later against Michael Flynn Jr., in essence the DOJ was accusing Covington of participating in the 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 was a profound conflict.
In their surreply the DOJ downplayed this conflict despite the prosecution taking copious and careful notes about it during the time they were using the FARA violation to compel the plea deal.  The defense team does not allow the DOJ to be so obtuse in their sur-surreply.
Every page is filled with articulate facts and sound legal justification that deconstruct the position of an ethically challenged prosecution.  However, this footnote is particularly cogent in outlining the question everyone, including Judge Sullivan, holds in the back of their mind.
The defense team notes the profound conflict of interest that was carried by Mr. Flynn’s original defense team during their interview sessions prior to the plea agreement; and the defense appropriately puts that defense conflict into context amid the pressure simultaneously being applied by the government.

In essence: ‘Nice family you have there Mr. Flynn, it would be a shame if something happened to them; by the way, how’s that new grand-baby getting along?’…

The defense articulates that sometime in the future they will likely file a motion to dismiss this case…. However, in the interim the defense is proceeding on a proper course to determine the scale, scope and backroom shenanigans that took place throughout the FBI and DOJ effort against their client.
The sur-surreply is truly a great read and this motion presents Judge Sullivan with information that not only supports the original Motion to Compel, but also provides important context for how this abusive case metastasized within a special counsel who was purposed on a precondition that targeting Michael Flynn was a priority.
For the prosecution in this case, the continuation of the brady process to discover the background information/evidence might just be a worse option than withdrawing the charges.

Please read the full filing:

[scribd id=433411005 key=key-fNrgCeqHzGyLWd2qZpZF mode=scroll]
.
Lt. General Michael Flynn is very well represented.   It will be interesting to see how Judge Emmet Sullivan responds to these latest developments.

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500 Responses to Reconstructing Justice – Flynn Defense Submits Outstanding Sur-Surreply to Counter Prosecution….

  1. 1riot1ranger says:

    I still think the Judge will make him withdraw his plea

    • NJF says:

      Haven’t read this yet as I came to post this excellent thread. I hope Sidney sees it!
      https://twitter.com/shipwreckedcrew/status/1191076613934370816?s=21

      • Rhoda R says:

        The Brady material should definitely be available before any plea deal is discussed. Especially if the plea deal involves a ‘Guilty as charged’ plea.

        • tageweb says:

          Sidney is FIRST requiring the Brady material, so she/Flynn can use it to sue the Crap out of multiple people. Including, Flynn’s first counsel.

          • tageweb says:

            This statement alone, by Sydney, is worth reading the above. I LOL!!!! “Having such concrete evidence as to the prosecution’s thinking processes is rare; having it in text messages and sworn congressional testimony is priceless” (Re the prosecution’s dirty deeds.”

          • Mark L. says:

            I would be most interested to find out what went down behind the scene with Flynn’s first defense. They not only were looking out for themselves but possibly assisting in the destruction of their client. Ms. Powell is assume.

          • Nordic Breed says:

            Yes, yes, yes!!!! That is the first thing I thought of when I read the sur-surreply. Just exactly how was his first defense team tied into this whole prosecutorial fiasco. It appears they were working for the government and not Flynn.

            • Johnny Bravo says:

              No, they (Covington) were conflicted because as;
              1. Legal advisors to Gen Flynn on the FARA application and
              2. Defence counsel in this case,
              Van Grack was purporting that there were issues with the FARA application, that would lead to legal problems for Covington. Thus ensuring Covington needed to protect its own, and not Gen Flynn’s interests.
              Its obvious that Covington couldn’t serve two master, but gov prosecutors carried on purposely leaving Gen Flynn without effective representation.
              Van Grack (etal) now have ethics issues because they new what they were doing but chose to let it slide and not tell the courst and Gen Flynn.
              Slime balls. But Sidney calls them out.

      • FPCHmom says:

        That is a very good thread (~25 tweets) on how the 302s would come into play if the Flynn case were to go to trial, and the probable questions that would be asked of the interviewers (Strzok!) of Flynn.
        One important one –
        https://twitter.com/shipwreckedcrew/status/1191076639406379008
        The process under Strzok was corrupt. He could never take the stand to testify against Flynn.

      • chojun says:

        If that is true, this Flynn case will likely be a groundbreaking case if it is tossed due to Brady violations. I would hope that it would send shockwaves through the entire judicial system and raise the bar very high for the DOJ to cross.

        • reliablydeplorable says:

          I almost hope that the DOJ continues to pursue the case against Flynn with Brady material made available to Flynn and his defense team. Sydney Powell will eviscerate the prosecution. It would be better for the DOJ to simply drop the case than for them to have to produce all the Brady material in court. Either way, the DOJ is damned.

          • Dave Hunter says:

            Given what Ms. Powell has alleged, I seriously doubt Judge Sullivan would allow the government to drop the case without providing all the Brady material requested.

        • OTOH, can you imagine EVERY SINGLE Swamp Rat demanding in EVERY SINGLE Drain-the-Swamp Trial that DOJ produce all emails and evidence from the entire Federal Government that might shift “culpability” to a boss, co-worker, lobbyist, congressman, official, outside attorney, foreign government, etc.
          Millions upon millions of documents and emails, in EVERY INSTANCE.
          Then the “interpretations of intent” like we’re seeing read into the TRANSCRIPT of President Trump’s SINGLE 15-minute PERFECT conversation with a foreign leader.
          ???

      • destin326 says:

        This is a very interesting thread. I encourage everyone to read it. I follow this ex-fed prosecutor and he is spot-on.
        shipwreckedcrew
        @shipwreckedcrew

    • vikingmom says:

      I don’t think that is the outcome that Sidney Powell wants… IMHO, she has specifically written her response to ask the Judge to throw the book at everyone involved in this travesty. Praying that he does it!!

      • 1riot1ranger says:

        Probably after he lets him withdraw his plea and they start to go to trial

      • Lesterspinx says:

        That may be a secondary consideration and even Flynn’s request, but getting the General off is the priority here.

      • Perot Conservative says:

        Since they won’t be hanged … why not imprison the FBI and DOJ officials who doctored, fabricated 302s?
        “Given the willful fraud and deliberate intent, I remand you to Club Fed while we await further legal proceedings.”

      • YeahYouRight says:

        Either let the case go forward to trial and let the sun shine in, or compel the production of evidence, then dismiss against Flynn and call these doj thugs to answer for their actions. It would be a shame to let these snakes slither away unscathed by voiding the process and sending everyone home.

      • ristvan says:

        So true, Vikingmom. See my analysis just posted below. Worked on it since the filing became available this afternoon. Sidney just filed a chess checkmate against Van Grack.

        • vikingmom says:

          Thank you for your detailed, but understandable, responses! They are so helpful to those of us who do not have law degrees but still want to know all the ins and outs.
          It is so horrible what appears to have been done to this honorable man, simply because of their desire to “get” President Trump before he exposed their decades of corruption.

        • amazed treetop downlooker says:

          You and Sidney are BEYOND awesome, ristvan. Thanks so much for all you Patriotic travail & timely tutelage. Tootle-oo, TRUE titans.
          Us regular folks are eternally grateful & immensely reassured to have the likes of you & many other great Treeper Teachers to help us insightfully grasp the mammothly ugly treasonous gauntlet challenges, countless legal twist & turns our VSGPDJT & Patriots & the great Republic of the USA must run through, but Good will prevail, God wins.
          Press On !

      • Newhere says:

        By not withdrawing the plea (or seeking to), Sidney keeps her boot on DOJ’s throat. Withdrawing the plea opens everything back up. She’s playing offense, which is a judgment call signaling her faith in the strength of Flynn’s case for Brady violations/ misconduct. Revisiting the plea opens the door for DOJ to drudge up a bunch of other crappola. As it stands, the only issue DOJ can address is whether it met its own obligations concerning conduct they never thought they’d have to answer for because of a guilty plea with a bunch of waivers, entered before a friendly judge and negotiated with one of the most lofty, reputable firms in the country. When they did all this, they never dreamed they’d be answering for it to Sidney Powell and Judge Sullivan.

    • Rhoda R says:

      That just leaves Atty Powell more scope to demand all the Brady material. Although I suspect that the Govt would drop the case rather than actually try to convict the General on absolutely nothing.

    • I don’t hold out much hope. Sullivan presided over the 2008 trial of U.S. Senator Ted Stevens, who was convicted of seven felony ethics violations in October. During the trial, the judge refused requests by the defense for a mistrial to be declared, after information was revealed that the prosecution had withheld exculpatory Brady material. He finally reversed his decision against the DOJ but, by that time, Stevens lost his bid for reelection and he died in a plane crash. Too little, too late for Ted Stevens!

    • iconoclast says:

      I want to see Andrew Weissman’s head on a stick, right where it belongs. Live by the sword, die by the sword, Andrew.

      • mikeyboo says:

        I agree but he must not be permitted to take the blame alone while the other snakes e.g. McCabe, Page,Comey et al continue their lives without further inconvenience.

  2. Duane says:

    How soon will Ms. Powell be finish with this case? I need to hire her!

  3. littleanniefannie says:

    Sidney is the heat!! I want this to finish quickly so she can dismantle the Witch Hunt. President Trump needs her wisdom!

  4. The Akh says:

    Sometime in the future, Powell or Flynn should sit next Trump around a fireplace and read the Ukraine transcript and the sur-surreply out loud to Americans and the rest of the world.

  5. T2020 says:

    SD: “…ethically challenged prosecution.”
    Treepers: “Freakin’ UNDERSTATEMENT.”

  6. Terry says:

    Point of interest. If you ever thought Google search was biased try this.
    Watch the pacer/court listener sites along with the CTH. When something breaks do a Google search on something like “flynn trial news”. Set the search time for 1 or 24 hours and see what you get. It will be crap from years back meant to slime flynn. Caused by Google, media, or both?
    Google needs to be broken into its smallest pieces….

  7. Right to reply says:

    I am very interested in why the current DOJ, is following down the same CORRUPT path as the previous DOJ.
    I want to know more than ever, just how many innocent people are in jail because of Obama/DOJ.

    • Rhoda R says:

      In a very real sense, the Govt Atty’s persecuting Gen.Flynn are part of the old DOJ team because this case is a spin off of the Mueller investigation with Mueller attorneys running it. Maybe I should have written “Weissmann” rather than “Mueller”.

    • 1riot1ranger says:

      Cuz then they would say Barr is crooked. Let the Judge do it.

    • sDee says:

      Deep state manufacturing of evidence and railroading enemies ran long before Obama. And will long after, unless we the people step in to disband the IC.

    • Firefly says:

      Glad Sidney Powell is holding out. Judge Sullivan already demanded the Brady saying Flynn is entitled to it. The refusal to produce the original 302 is ridiculous.. Perhaps the prosecutors would rather have the case thrown out than turn over all the Brady material. We’ll soon see what metal a Judge Sullivan is made of.

      • Phil aka Felipe says:

        Would like to see Judge Sullivan compel the government to turn over EVERY piece of evidence Sidney Powell has requested regardless of whether the government chickens out and asks for dismissal.

      • YeahYouRight says:

        You bet they’d rather lose than produce this evidence! Sullivan must demmand BOTH!

      • doofusdawg says:

        Too bad Pappadopolis didn’t have a lawyer… a lot of similarities with Flynn case in that the government claimed in both cases that the false statements in both cases hurt their overall investigation into collusion… when in fact they had the recordings and transcripts of both defendants. And Pap actually went to jail. That seems important.

    • dcnnc says:

      It is the Office of Special Counsel (Mueller team) that is continuing down the path, not the DOJ. If Barr is truly investigating the origins of the Special Counsel, and activities that took place now moving into 2017, it in his interest to allow the Flynn case to sort itself out if he thinks Powell has them walking the plank. Flynn was part of the origins of it all.
      Should Powell prove victorious, and Sullivan throws out the case on the basis of Government misfeasance without the direct interference of the AG himself, it only strengthens his investigation’s claims of political spying/targeting that he is currently investigating.

  8. Alison Wilson says:

    I’ll bet that the feds drop the charges rather than let this sunshine continue to pour in.

    • Even if charges are dropped, I believe the Judge can still order the Brady info be provided…….I think! Ristvan? SD?

      • ristvan says:

        That is a complicated question, depending on how Sullivan rules. If Flynn is simply dismissed for prosecutorial conduct and Van Grack cited for prosecutorial misconduct, then no. THAT is also the genius of Sidney’s last paragraph. See my longish comment some hours in production below.

    • 1riot1ranger says:

      Nope. Be calm. When they have the withdrawal of plea hearing you will understand the theatrics, the hammer of the gavel, the testimony, the subooenaed witnesses, including Mueller, Rosenstein, and others. It will be Sidney’s greatest symphony ever. Let not your heart be troubled. This will be one of the greatest reversals ever

      • 1riot1ranger says:

        Not to forget the Judge’s decision. The fat lady at the end of the opera

      • Perot Conservative says:

        TV / cable coverage?

        • Battleship Wisconsin says:

          TV / cable coverage? …… If it’s CNN, MSNBC, PBS, etc. etc. there won’t be much that gives anyone who isn’t already familiar with the Flynn case any real insight into the massive abuse of the DOJ’s prosecutorial power that occurred.

        • 1riot1ranger says:

          Most federal courts won’t let TVs in, so no, but it’s good thought.

  9. JohnCasper says:

    ” It will be interesting to see how Judge Emmet Sullivan responds to these latest developments.|
    It does not require many words to speak the truth.
    – Chief Joseph, Nez Perce

  10. sDee says:

    “”In essence: ‘Nice family you have there Mr. Flynn, it would be a shame if something happened to them; by the way, how’s that new grand-baby getting along?’…””
    When these charges are dropped I hope Sidney Powell hits every morning news/chitchat show on every network and looks into the eyes of every mother and every wife watching. I hope she point to this ugly truth about the people they have entrusted, and that this is what will be done to your son, your husband, your grandson should they stand up to these tyrants.

    • Rhoda R says:

      Not only will be, but HAS BEEN done. Plenty of prior examples in her book. BTW, I’m looking forward to her next book as well.

  11. American Nationalist says:

    If Powell’s previous replies were firecrackers, this was an Atomic Bomb. Not only did she undermine the government’s argument, but she flat out tells the government that she will use that information in a dismissal argument. Epic ownage, she’s dancing circles around this dude.

    • aisheschayal says:

      Yes! Yes! Fantastic rebuttal! Sidney knows how to dig out the truth and use it against these lying, double talking, deceiving snakes. Kudos to you Sidney for having the integrity, the intelligence, the candor, the art of wording the argument for clarity, and for lack of a better word, “the balls”, to stand up to the (ha ha so called :/ – “Dept. of JUSTICE?? “

    • mikeyboo says:

      For me, the best part of these submissions is that Powell details the corruption so plainly any reasonably intelligent person will understand the magnitude of the injustice. They will also understand that OUR government employees -paid by OUR tax dollars felt entitled to railroad Gen Flynn AND ANY OF US who happen to get in their way

  12. L4grasshopper says:

    For the prosecution in this case, the continuation of the brady process to discover the background information/evidence might just be a worse option than withdrawing the charges.
    ====
    As I opined earlier in the Daily Thread after reading this remarkably clear and documented reply by Sidney — I’m amazed that Van Grack has not been THREATENED by the likes of Brennan and Comey (or their Deep State surrogates) to drop this case….because the exposure of the fraud behind the Flynn persecution can bring the whole Coup down.

    • Bucknutguy says:

      People want Barr to intervene to drop the charges which would cause massive liberal splodey heads.
      What if the opposite is true and he is telling Van Groek he can’t drop them. “You and Weismann created this shit show, you are herby required to have the weight of this horse shit drop on your own head. “

    • mikeyboo says:

      If Van Grack is being threatened by the likes of Brennan and Comey et al, now he knows how General Flynn and others felt at the hands of these bastards. Wonder if that has occurred to him yet?

  13. Heika says:

    Eloquent

  14. Gil Stonebarger says:

    NEVER answer the governments questions without a lawyer…and even then…be VERY careful

  15. Sidney’s words “egregious government misconduct” are the words the DOJ prosecution prays Judge Sullivan does not rule on. Game changer!

  16. Drogers says:

    Like a Boss …
    Give ‘em he!!, Sydney.

  17. At the top of P. 5 Sydney made the spoilment argument that I had hoped for.
    Checkmate!

  18. jbowen82 says:

    The bigger picture is that Weissman and crew thought that they could turn Flynn, Manafort, Cohen, Papadapolos, Stone, Corsi, etc. against Trump. The Special Counsel could not have cared less about the “offenses” these individuals were charged with. They were only useful to the extent that they could produce evidence of the Russia connection. After they gave up Trump, they could get slaps on the wrists and we could move on to the big show. When they didn’t produce incriminating evidence because it didn’t exist, then the Special Counsel’s office was forced to pursue the cases. It isn’t about Flynn at all, and it never was.

    • prtomr says:

      Who was it that said, “First we f… Flynn, then we f… Trump”?

    • mikeyboo says:

      I don’t think these Corrupto-crats ever intended to let the “small fry” off with a slap on the wrist.
      I think the intention was always to ruin them-totally-so as to strike fear in anyone who even contemplated resistance.

    • hokkoda says:

      They needed a conviction, ANY conviction, that they could claim involved “the Russians”. They went with the simple charge of “lying to the FBI” because the FARA thing needed to be quietly settled and anything more serious than that and Flynn wouldn’t have taken the deal AND there would have been the burden of proof. All Mueller had was some (possibly forged / falsified) 302’s. They didn’t have time for a trial, the time pressure was on due to Strzok’s texts become public knowledge, and needed something Flynn might reasonably be expected to take.
      It’s easy to forget how desperate Mueller was for some sort of conviction by that point in the investigation…6-7 months and they had nothing to show for it.

  19. Bogeyfree says:

    Shipwreck is Federal Prosecutor and has made some great points on 302’s
    Well worth the read.
    https://mobile.twitter.com/shipwreckedcrew/status/1191076613934370816

  20. Sidney Powell…someone who is actually fighting back against this corruption, not merely staging basement shenanigans. She’s following our President’s example of courage and using her God-given talents to try and defeat these people.
    Let’s pray she’s successful.

  21. Phil aka Felipe says:

    Congratulations, Sidney! You really fired up the interwebs today!

  22. Bogeyfree says:

    So here is another corruption attorney in LA commenting on the Durham investigation with some great points on how it works.
    https://mobile.twitter.com/LRarey/status/1188117596169785344

  23. iRockie says:

    Prosecutor Van Grack is obviously concealing evidence of government misconduct by refusing to comply with Brady. There is no other explanation for the government to go to such length to avoid document production.

  24. Miya says:

    God bless Ms. Powell. I wish we had an army of patriots with half her courage and conviction. She is incredible…the kind of woman I want my daughters looking up to. Thank you, Jesus, for sending General Flynn such a warrior to fight for him and his family.

  25. jnr2d2 says:

    I am not a lawyer, though I have much experience in business, and personal cases. One can always file a civil case against such lawlessness for damages. And in the civil case use discovery to produce the same result — if Gov dismisses to avoid disclosure, and being charged with contempt of court, misfeasance, malfeasance, misprision or deprivation of rights under the color of law.

    • Ken Maritch says:

      And wouldn’t the clock get reset?
      I suspect it would be years to get to the point we are at now….. if ever.

  26. michael russell says:

    Flynn’s original attorneys took his house for their conflicted and incompetent representation. Does Flynn have any recourse to hold them accountable?

  27. Mike Robinson says:

    It is wonderful that she says, in effect: “Yes, we are going to move to dismiss. But we’re going to make you fully expose your crimes first.”

  28. Tom22ndState says:

    You’re correct as usual Sundance. The footnotes are delightful, such animations gems as – Brady entitles a defendant to exculpatory evidence, not unsupported self serving denials. My other favorite is- Having such concrete evidence as to a prosecutor’s thinking processes is rare, to have iut in text messages and sworn congressional testimony is priceless.
    Sweet sweet schadenfreude poetry to my ears.

  29. chojun says:

    Consider:
    When presented with their own duplicity and malfeasance, any reasonable prosecutor would withdraw and retain their reputation and career.
    But Van Grack will not.
    Not in this case. Why?
    Why won’t the Government (in this case attorneys representing the deep state) withdraw?
    I believe we will find out in a couple weeks. I believe we will discover why the Government would seek to remove Flynn at *any* cost.
    Flynn will hopefully tell us in his own words when he walks freely among his countrymen once again.

    • dcnnc says:

      VanGrack has more to protect than his career and reputation. He’s protecting the entire Special Counsel, and all of it’s members, from criminal exposure.

    • Phil aka Felipe says:

      “I believe we will find out in a couple weeks. I believe we will discover why the Government would seek to remove Flynn at *any* cost.”
      I believe we already know. He, like Trump, is an existential threat to ALL the corrupt actors. He and Admiral Rogers “know where all the bodies are buried”

  30. Dances with Wolverines says:

    From what I’ve seen so far, I’m betting this Judge is just as crooked and deep state as they all seem to be throughout the entire Judicial branch of government. If not, I thought Judges were in place to assure fairness and even handedness for small, individual citizen brought before the court by a huge unlimited power of the prosecution. If this Judge was not corrupt, he would have already seen and taken action on the conflict of interest of Flynn’s Attorneys as presented by Msbeing . Powell. We are being ruled by three branches of corrupt government.

    • Roger Duroid says:

      So glad this is all so public that it can’t be hidden. This goes on ALL THE TIME, we just never hear about it and 99.99% of people targeted by DOJ or state/local prosecutors don’t have the $ to defend themselves against dishonesty. Remember the Duke lacross case and the same with geo zimmerman.

    • Tom22ndState says:

      Dances with Wolverines, please remember that before Ms Powell came to the case General Flynn was represented by a conflicted and corrupt law firm. Read the fantastic Sur surreply to get up to speed!

  31. ristvan says:

    I have only a little to add to Sundance excellent post—and please DO read the whole filing. Been studying it since the filing became public.
    In the briefest essence, Sidney’s sur-surreply today makes three main points, each devastating:
    1. Once Van Grack raised FARA violation to ‘get at’ Flynn’s son and force a plea bargain to a count of 18USC§1001, Covington and Burlington had an absolute ethical obligation to withdraw because of gross conflict (they wrote the according now to Van Grack defective FARA filing). Moreover, Van Grack had an ethical obligation to require them to recuse once he raised FARA as an additional criminal matter. Most important, even if C&B had asked Flynn if he objected to the conflict, and EVEN IF Flynn had said no (he wasn’t asked and didn’t) as a matter of law it doesn’t matter because the conflict was Non-Consensual. That is, the conflict was so grave it could NOT legally be waived under any circumstances. (Another Non-Consensual situation is otherwise consensual sex with a minor—the Epstein case of criminal Statutory Rape).
    2. Van Grack’s position that he had no obligation to provide Brady material before the plea, and no obligation after because ‘voluntarily entered’, is an absurd Catch 22 flying in the face of Brady and sequelae like Giglio. BUT also in the face of Judge Sullivan’ prior specific ruling to the contrary (getting Sullivan further riled against Van Grack).
    3. There must exist a first 302 draft not produced (because of the eventually produced written evidence that it was later edited). That first draft MUST exist in the FBI system and Van Grack had an affirmative duty to find it but as of today had not.
    What Treepers should really pay attention to in what now follows is Sidney’s last paragraph. It is a thing of devastatingly lethal lawyering. To paraphrase, it says we could but are not yet moving to dismiss the indictment for egregious prosecutorial misconduct. Instead, we are ‘only’ asking you (Sullivan) for two motions:
    1. An order for Van Grack to finally produce the missing Brady material (original 302), and
    2. An order for Van Grack to show cause why he should not be held in contempt.
    I had to think about that paragraph for a while. Why not just get Flynn off on the motion he could but didn’t file? Get it over. The reasons are beautiful; Sidney’s going for the kill shot and just played a checkmate chess move. Think about it in sequence.
    On motion 1, there are only two outcomes. Either Van Grack finally produces the ‘missing 302’ from within the now court documented FBI record system, or not. If so, then he PROVES previous prosecutorial misconduct and has no response to Motion 2, show cause why not contempt. If not, then he is admitting the FBI process was inherently abused/misused (because Sidney in her sur-Surreply Documented for the Court what the FBI system actually is, with authorship, version control, date control, and metadata underlying ALL 302s); non production ALSO documents FBI misconduct and therefore inescapable subsequent prosecutorial misconduct.
    Translation: Sidney has legally checkmated Van Grack. Endgame. The motion to dismiss the indictment follows naturally thereafter, sort of like the ‘19th hole’ in golf. Which, for non golfers, means the club bar after the 18th hole finishes the round, with bet losers paying the tab.

    • lolli says:

      Yes, a beautiful filing by Patriot Sydney Powell.
      Thank you ristvan ?

    • L4grasshopper says:

      How, and why, could/would Sullivan save Van Grack now?

    • Newhere says:

      Thanks for this great summary! I commented on the last paragraph as well, below, and almost asked you specifically if you had thoughts on it, strategy-wise. So this gets right to it.
      I clearly see the check-mate. And I didn’t at first, but now do see the critical move of allowing a brief pause for one final order — and one final answer — on the Brady material; through her filings, Sidney’s finally been able to give Judge Sullivan ALL the facts and context and granularity to so that this time he won’t just be ordering “produce all Brady material” in the abstract — he’ll be affirmatively saying produce all of THIS Brady material — this right here, this list, produce ALL OF IT. Eliminates all the ambiguity on just what exactly the order applies to. And yes — that, right there, is the check-mate, because if they produce it, they’re cooked, and if they don’t, they’re cooked.
      I hope Judge Sullivan issues the order this week, and gives them a very short leash on how long they have to cough it up. It seemed from his last response that his patience, too, is wearing thin …..

    • Perot Conservative says:

      The 302s are key. But I believe there is a ton of Brady material not produced.

    • In the Land of Poz says:

      This is cat and mouse. Powell’s previous motions already put the prosecutors in a position where their best option is a dismissal, to prevent further explosive material from coming out. Their reply motions are a Hail Mary hoping that Sullivan, who had earlier (on much less information than is now available) suggested that Flynn “sold out [his] country” and pinned him down to a definite admission of guilt, will disregard the revelations from Powell’s white hat leakers and rule to protect the deep state. If there is any leverage they ever had on Sullivan they are using it now and offering him the world to not destroy theirs.
      If the outcome of these motions is in any way adverse to Flynn, the prosecution and its FBI puppetmasters face the nightmare of Flynn withdrawing his plea and Powell’s leakers dropping nuke after nuke on the public record. It will not stop and will bring their house down. They are looking for a way to save face and make this go away but it seems unlikely Sullivan will just passively go along. Unless they do have leverage over him, of course.

    • Dan says:

      Can a dismissed case be tossed- other than on appeal ? – granted the entire prosecution was tainted- but this case is closed – it would be like the Judge saying…”OK … Never mind… have a nice day….” What is the precedent?.
      What legal method “re-opens” the case, dismissed on an accepted guilty plea, without something on the order of Jury(or) invalidation?
      Isn’t an appeal going to be required to eventually dismiss?

    • Republicanvet91 says:

      Ristvan, given what Sidney stated regarding Sentinel and 302’s being serial numbered, would it be possible to audit that system?
      Could Sullivan order it? Something similar to what Collyer did with FISA? Or the DOJ IG?
      It would be interesting to see how many serial numbers are associated with Flynn’s 302. Or Bruce Ohr’s. Or any of a number of others involved in this mess.

  32. lolli says:

    On the first page of the report on Russian active measures (after Sydney’s magnificent filing)
    the first paragraph reminds me of Pence”s involvement. I really am not sure how involved he was in setting up Flynn.
    Does anyone have more information? How does that paragraph read to you? Is it saying Pence suggested it could be a violation of the Logan Act? (Flynn’s call)
    Anyway, other than that….go Sydney! A real life superhero!??????????
    I hope they get the all the dirt they are asking for to prove not only was Flynn innocent, but he was targeted and set up.

    • stephen fenlon says:

      Haven’t read the pararaph,but,
      if the coup was intended to Overturn the election, then it also makes sense to either:
      Put Pence in a hole where he becomes a mere puppet.
      Put him under such a political nightmare via Flynn that he resigns and Pelosi takes the mantle,(Or Killary)

  33. mostlyogauge says:

    Sidney Powell is doing to the prosecutors, and to the judge, for that matter, what all republicans, conservatives, and Deplorables everywhere should be doing: throw it right back in their face and don’t back down.

    • Greg1 says:

      Like President Trump, Sidney Powell is a fighter.
      To paraphrase President Lincoln, in the same way I (and many others) have said about Trump:
      We cannot spare this woman, she fights!

  34. Phil aka Felipe says:

    Because of how brilliantly in her previous motions Sidney Powell blistered Van Grack’s crack, I was looking forward to her sur-surreply today. She definitely did not disappoint!

    • hokkoda says:

      I felt the same way. Home run. Let’s hope the Judge agrees. Part of me wonders if the DOJ attorneys are mailing-it-in so that it doesn’t look like they threw a linchpin case in the overall Mueller probe. The Flynn prosecution underpins much of the “Russia” narrative. Without Flynn that narrative starts to fall apart rapidly. It collapses if the true nature of the Crowdstrike analysis is proven to be a fraud…i.e. that the Russians did not “hack” the DNC servers. All Mueller has if those fall apart is some Russian troll farms which amounted to 1/1000th of 1% of anti-Clinton social media activity prior to the 2016 election.

  35. Bogeyfree says:

    So I’ll repeat, MAGA Supporters need to come together and hire Sidney, Bongino and Sheriff Clark as our investigative team to look into Ukraine Corruption and / or NSA Contractor Abuse.
    Just to keep everyone honest.

  36. scrap1ron says:

    How many more victims of FIB corruption who were set up and railroaded are going to demand their cases be reviewed and overturned because of these dirty cops? Will that realization by Judge Sullivan color his decision to do the right thing or will he try to protect the status quo?
    All other law enforcement agencies video and audio record their interviews during investigations of suspects to use as evidence. This subjective hand written “evidence” is ripe for abuse, especially when it’s the only evidence presented. These judges should know better.

  37. Beau Geste says:

    Judge Sullivan knows he will be the “Star” of Sidney Powell’s next book ! One way or the other.
    The judge can be a prominent hero role model, or a prominent example of an evil corruptocrat (after PDJT releases all the now-classified evidence).
    If he is a hero role-model, Judge Sullivan need not wait to require Brady production, and show-cause discipline of the evidence-withholding prosecutors. He can grant General Flynn’s Motion right away.
    If he is worried about what the evidence will later show if he supports the bullying, threat-extortion, and entrapment of General Flynn, Judge Sullivan will likely delay denying Powell’s Motion until at least the IG Horowitz report is released, IMHO.

  38. hokkoda says:

    This sur-sur-reply is a thing of beauty. I remember even way back when Flynn first plead guilty, and we learned pretty much the next day about the Strzok texts that there is no way he pleads guilty if he knows about those texts. No sane lawyer recommends their client plead guilty with the knowledge that one of the lead FBI investigators has been removed from an investigation due to misconduct…misconduct on the very matter for which the defendant is being charged. This was years ago, and I remember it like it was yesterday.
    My first reaction then, is the same as it is now. Prior to Flynn’s plea deal, Congress had been asking Mueller for MONTHS why Strzok had been removed from the Mueller team and sent back to the FBI (where he was re-assigned to the HR department). Mueller stonewalled Congress, and it was 100% crystal clear even then why this was: they hid this from Congress because if they tell Congress about the texts, Flynn finds out about the texts, and the entire case against Flynn collapses. QED, as we say in the physics world.
    I hate to be so cynical as to assume the Sullivan will ignore all of this, but I think it’s important to remain clear-headed and assume that the case will not be tossed. A great injustice has been done, though, and I hope it breaks Flynn’s way.
    Then I hope he’ll take me up on my offer to make him the Director of National Intelligence as the position has a vacancy! lol Well, I hope Trump hires him back, let’s put it that way, and into a job where Flynn can just take a wrecking ball to the IC.

  39. Newhere says:

    I believe this is the first time Sidney has stated unequivocally that Flynn is not asking for a motion to dismiss AT THIS TIME; I read prior filings as meaning she was asking for an order compelling Brady material, an order to show cause about contempt, and a dismissal — with the idea that the judge could stop at just the first two, and a fresh dismissal motion might come later. This clears it up.
    Which makes me wonder how much longer we have to wait! I love reading Sidney’s filings. I mark the due dates on my calendar. 🙂 But I really can’t wait for the decision on dismissal.
    Here’s the thing: Dismissal IS a possible remedy for egregious Brady violations. So, it’s possible Judge Sullivan could dismiss on that alone (though Powell didn’t expressly ask for it; she has only raised dismissal as a remedy for misconduct). I wonder if part of why Sidney is more expressly separating Brady violations and a motion to dismiss for misconduct is to build in more time for the FISA report to drop, before Sullivan would have to address the dismissal question, so as not to force his hand before having the benefit of the report. Even if they both know what it likely outlines, a Sullivan decision to dismiss would be stronger with the benefit of the report being released so it can be referred to as part of the factual context. Safer that way.
    Anyway– despite these weighty and substantive filings, if the judge only needs to reiterate what he’s already said — YES, the gov needs to produce the Brady evidence — we might hear on that fairly soon. Maybe! And then it will be another drip drip of briefing and possibly a hearing on a motion to dismiss …. and all of that would be UGLY for the DOJ.
    Sidney said in some interview she thought this might all be resolved by the end of the year. Let’s hope!

    • hokkoda says:

      It makes much more sense that Sullivan compel Brady, and then, once the Brady material is produced, either is exonerates Flynn or it doesn’t. The argument isn’t “they haven’t produced it, therefore toss the case”. The argument is “they haven’t produced it, we want the proof FIRST, then we’ll decide what comes next.”
      It could be that they maintain the plea, but bargain the sentence down to a $10 fine, probation, etc.

    • hokkoda says:

      It makes much more sense that Sullivan compel Brady, and then, once the Brady material is produced, either is exonerates Flynn or it doesn’t. The argument isn’t “they haven’t produced it, therefore toss the case”. The argument is “they haven’t produced it, we want the proof FIRST, then we’ll decide what comes next.”
      It could be that they maintain the plea, but bargain the sentence down to a $10 fine, probation, etc.

  40. Absolutely mind blowing! Dirty cops and dirty prosecutors.
    I suspect General Flynn will be made whole by Covington & Burling.

  41. ann says:

    Unforgivable. iRS, NSA, DSI, DoJ’s gobsmacking blatant hypocrisy: Obama era Justice Dept refused to even acknowledge the existence and obvious grave consequences from 3 known massive long term intell & Nat sec breaches.
    House DemsDWS&Paki IT Feinstein, Executive Aide & Congressional Staff.
    The mother lode of Clinton/ Abedin/& God Alone Knows How Many.
    Yet busybodies Yates, Comey, MCade, Strouck, et al BLOCKED the most fundamental principle of consensual sovereign states : the transfer of power.
    Sally, Page and DoJ mrymiddions disrupted the transition, aided by Ol MConnel’s Farm. .
    The Acting AG skipped gaily over to the bugged & penetrated White House with welcome baskets of poisoned apples. The DNC, & DOJ bought, packaged & distributed RIDICULOUS LIES, laced w surveillance obtained by PERJURY .
    3+ years Americans suffer physical attacks, killings, civil unrest, xenophobic paranoia, pay warfare, legalistic persecution, blackmail . We are punished BY CROOKS TO IMPOSE RULE BY FELLOW CROOKS over us.
    Never give in.

    • Republicanvet91 says:

      In my opinion, one of the most massive intel breaches in Bra Rack’s term was the OPM data breach in which security clearance background checks were obtained.
      “A consultant who did some work with a company contracted by OPM to manage personnel records for a number of agencies told Ars that he found the Unix systems administrator for the project “was in Argentina and his co-worker was physically located in the [People’s Republic of China]. Both had direct access to every row of data in every database: they were root. Another team that worked with these databases had at its head two team members with PRC passports.”
      https://arstechnica.com/information-technology/2015/06/encryption-would-not-have-helped-at-opm-says-dhs-official/

      • ann says:

        ✅. Vet.
        Much of my Father, for that matter, my uncle, too. Their R& D and SA personnel records resides in PRC & on weapons aimed at our allies. ?. Unforgiving to traitors.

        • FreedomLover says:

          … and all people who worked for companies that were federal subcontractors. That’s a LOT of people.

  42. gary says:

    i am assuming that when the convictio of flynns partner on fara violations went away,no evidence,and the judge in that case threw out a jury conviction, then the supposed fara violation by flynn,would be gone too. and i believe that is where sullivan called him a traitor,or some such drivel. i would think sullivan has had it with being faced with his mistakes(stevens) all the time. i know he apologized to flynn,but he has got to want this to be over.

    • Barnestormer says:

      Regrettably, that case isn’t quite “away” yet. The government filed its notice of appeal on Oct. 23.
      Which is not to say that Judge Trenga’s conditional acquittal judgment won’t be upheld by the Fourth Circuit, but it’s too early to say, case closed.

  43. Bulldog84 says:

    Great catch by Powell on McCabe testifying to Congress about the “conundrum.” McCabe outed himself as a conspirator against Gen. Flynn with that statement.

  44. conundrum says:

    Very interesting point made on page 5 with respect to the FBI record system and the missing original 302. Sidney points out the system would include a record of “any attempt to destroy” the 302. Where did that come from… that is completely out of left field…unless you have been tipped off that an attempt was made to destroy the 302 and it is in the records?

    • Bogeyfree says:

      So if there are records requesting the destruction of a 302, are their records requesting the destruction of 33K emails??

    • dcnnc says:

      Sidney has made reference to well placed sources before “that would be in the know”. I definitely believe she has sources within the FBI and DOJ that are assisting.

  45. I wonder if Judge Sullivan lies awake at night wondering whether the first ruling he makes which affirms the slightest whiff of prosecutorial misconduct will trigger presidential pardons for Flynn and everyone “convicted” or still in jeopardy from the Mueller fiasco? (Manafort deserves a commutation, not a pardon).
    Wouldn’t it be nice if this happens – and happens in conjunction with and compliments the findings of the Horowitz Report?

    • gary says:

      flynn has been lying awake about ted stevens,for years. now this,let alone he told flynn he betrayed america. sullivan needs to do what is right. for his own peace.

    • B Woodward says:

      I was wondering how much exculpatory material might be included in IG Horowitz’s upcoming report that might help Sidney Powell and Gen Flynn–and if Sidney will be able to incorporate it into her case.

  46. Bogeyfree says:

    Based on this tweet thread Sidney may want to take up the Ukraine case next. Very interesting background on Ukraine well before PT was in office.
    PT should absolutely hire Sidney immediate after the Flynn case is dismissed.
    https://mobile.twitter.com/iamjasonbailey/status/1191424784216842240

    • Republicanvet91 says:

      Read more on a Clinton connected Natalie Jaresko as mentioned in one of the tweets. Looks like this woman was just as corrupt as Hillary, eventually landing in some financial oversight position for Puerto Rico.
      https://en.wikipedia.org/wiki/Natalie_Jaresko

      • FreedomLover says:

        It would be interesting to see an article done by RCP, maybe Lee Smith, that systematically lays out past cases where the federal government (i.e. congress) has sent millions/billions to some other country and then the same politicians have received loads of that money back.Unfortunately, probably very complex/impossible to trace if the money ended up in the hands of multi-national companies and corrupt politicians in those countries that then laundered the money back to the politicians, or their campaigns?

  47. jf86 says:

    From page 12…”After having been compelled by the facts to clear Mr. Flynn in January, Mr. McCabe opened the obstruction case on PresidentTrump and the FBI re-entered the 302 of Mr. Flynn’s interview into the Sentinel system on May 31, 2017, for Mr. Mueller’s special use.”
    Mr Mueller’s “special use” – a gem.

  48. ghongault says:

    “If the FBI is charged with investigating discrepancies in statements made by government officials to the public, the entirety of its resources would be consumed in a week.” – Sidney Powell
    OMG, LOL!
    Please, please, please, make this Goddess Emperor Attorney Extraordinare our new A.G.

  49. Bogeyfree says:

    So if Flynn’s case is dismissed can PT immediately appoint him head of the NSA?
    And if so how fast do you think we would get a full audit on all those FBI contractors who conducted the 3.1M NSA queries in 2017 alone?
    Surely PT has already thought about this sweet revenge move right?

  50. mikeyboo says:

    Now, having read Sydney Powell’s brief one can only say “a thing of beauty is a joy forever”

    • MrMagoowasConservativeToo says:

      In the darkness we find the light

    • I hate to throw ice water on the hope that Judge Emmett Sullivan is going to throw out the conviction of General Flynn, Here’s what he wrote concerning Flynn’s action last December. In court , Sullivan expressed “disdain” about Flynn’s actions and questioned whether Flynn “sold out your country.” I’m going to be frank with you: This crime is very serious,”

  51. Dan says:

    If the Brady material is unavailable by FOIA, at least before Nov. 2020, no way this judge grants MTC… because …. he won’t have to…. for in the expediency of justice he will toss the case for gov misconduct and we can all move along…. and defense really can’t stop the Judge from tossing the case, and Van Grack’s file will hit that trash can faster than you can say collusion.
    I would have like to have seen a motion to allow Flynn to withdraw his plea, after the fact, being the fact was a lie.

    • j'accuse says:

      I think S. Powell’s wants the government to do what it should have done a very long time ago – walk into court and request a dismissal with prejudice. She could file a motion to dismiss or withdraw the plea at any time but that could give the govt a escape hatch if it agreed to withdrawal of the guilty plea and then immediately nolle prossed the charges. The general deserves a full exoneration and an admission that he was the victim of a corrupt prosecution. Also why not dangle this Van Grack over the fire for as long as possible given his disgraceful participation in this outrage.

      • Will Hunt says:

        Like it lots, j’accuse. Sydney has a belly full of animosity for these felons. I think she has no interest in giving anyone an easy way out… esp. Weissman and VanGrack

    • spinoneone says:

      Shredder first, trash second.

  52. Alfred Brown says:

    While I like the appointment of Originalist Judges, IO would like to see @POTUS appoint one Judge that has NEVER been a prosecutor. Dershowitz is too old, B/C we need someone that will be on that bench 40-50 years. But Originalist Judges, if drawn from the ranks of prosecutors, don’t really get the idea that the Law and the Constitution and Bill of Rights are to protect the Individual from the Government.
    Right now we have two standards of Justice for the elites, one for the Left and one for the Right.
    The left walks and the Right is innocent until proven Broke.
    I kinda realized this during Kavanaugh, when it was revealed that he and the accusers and everyone there in the Senate Chamber went to High School together there in DC. Britt Hume mused about how uncomfortable the affair made him, because he played tennis at the club with both sets of parents!
    Below that level, Dimm or Rep, you get that second form of justice. You either take the deal presented, or they will destroy you and your family, then give you even worse.
    We have to have ONE justice on the court that will fight Prosecutoial Abuse, and RESTORE the Bill of Rights to the place it should be, where you are innocent until they can PROVE you guilty, and they MUST and SHALL give you in discovery every shred of evidence that can prove your innocence.

    • frances says:

      Wise observation, thank you.

    • bruzedorange says:

      Alfred, the ideas in your stimulating, much appreciated post have been presented and explored in a Hollywood movie:
      “The Talk of the Town” released in 1942; directed by George Stevens; starring Cary Grant (cast against type as a scruffy, free-thinker), spunky Jean Arthur, and Ronald Coleman as a Supreme Court bound Originalist who has yet to consider the law through the eyes of a defendant.

    • Trump2016!! says:

      What is also needed along with what you state, FARA needs to be deleted altogether, like it has been written about and talked about for YEARS now, is it is a vehicle that the FBI and our intelligence community use at a whim to attack someone and as it is intended.
      As Tony Podesta & Mr Craig both worked along side Mr. Manafort and low and behold, Mr. Manafort is the only convicted of the FARA violation.
      Same goes for Lt. Gen. Flynn, the 2 other partners in this fiasco walked free and clear.

      • Rustynail says:

        Look what they are doing to Trump now?
        Quid Pro Joe is recorded demanding the quo for the Boy Wunter?
        Trump has a call to a new president about corruption and all hell breaks loose?
        Don’t even get me started on Podesta…

    • grlangworth says:

      There is something to be said, and often, for this point of view.

    • sDee says:

      A comment to save, remember and understand. Thanks for posting Alfred.
      Our son was admitted on scholarship to one to one of the top law schools and looked forward to Constitutional Law. He called and told me they were a week into it and had not read the Constitution. The course plan was based on a series of precedent cases which he quickly figured out were examples of circumventing the constraints of the Constitution.
      Next up was the ethics course which he summed up in the same pattern i.e….”here are the conduct guidelines and here is how not to get caught”
      Needless to say this independent thought and curiosity did not go unnoticed with the faculty.

  53. TheWanderingStar says:

    How does Brandon Van Grack in good conscience agree to take on a case as flawed and cause célèbre as this case? I realize he is probably as corrupt as the others but too stupid to see he would be holding the bag, if it “came off the rails” (to steal a phrase).

    • gary says:

      he was /is part of muellers team of no good bas rds

      • Mr e-man says:

        Exactly, note Mueller did not hire one “Republican” lawyer for this. He chose his team with the intent that they were going to act in concert together, not to act in fairness and under rule of law. A “Republican” or other impartial lawyer might expose them. So Mr Van Grack knew exactly what he was getting into. He was in on the conspiracy.

        • snellvillebob says:

          I do not believe Mueller hired anyone. Weissmann hired them all.

          • hoghead says:

            After watching mueller’s performance in those hearings a few months ago, I doubt that mueller knew where he was these last few years.
            mueller was merely a hood ornament on this jalopy, to give it weighty officiousness.

            • WSB says:

              Crafty acting job. Especially if you caught Mueller’s quick responses to the Democrat questions.

              • Kim Hudson says:

                Rep Louie Gohmert has said several times that he thought Mueller was putting on an act with the memory issues during the hearing to avoid questions. I sometimes wonder the same thing about Quid Pro Joe faking HIS memory issues. I mean, “c’mon man”! The other day in Iowa he was standing with his back to the audience, talking to the backdrop screen…that’s layin’ it in a bit thick! Sounds like the perfect set up to avoid answering questions if he is prosecuted for his OWN Ukrainian offenses. I wouldn’t be surprised if this kind of bulls**t ends up giving him a pass when the evidence is gathered & he along with Hunter are prosecuted. Hell! For all we know, Biden’s role as “Victim of Alzheimer’s Disease” was written into his part in this warped movie script. I wouldn’t rule out anything as too based for these disgusting individuals. There’s no level they won’t sink to, if it suits their devious ends.

            • davidsstones says:

              Agreed. Muller likely appointed as the ‘front man’, the face that provides cover so others can work unimpeded under cover of darkness. Corporations, charities, committees use a personality in front of a team to be their public face.

            • Rustynail says:

              Don’t underestimate Herr M’s part in all of this? He’s in the thick of it?

        • richard mcdonald says:

          Mueller didn’t choose any of the lawyers on his team. They were chosen for him. He was a figurehead – that is why he was so uninformed about the report.

          • Matthew M says:

            mueller wasn’t uninformed about the report at all…… don’t let that testimony fool you, he was quick to confirm as much of democrat leading questions as he could get away with, and slow on the substances of the report itself…… he knew once he got called to publicly testify he was in a no-win situation and merely made the best of it that he could…….. luckily the few bright conservatives we have on the hill cut through his bs in short order……. but don’t think for a second that he didnt know what was in that report……. he knew exactly when to play smart and when to play dumb.

    • Ken Lawson says:

      Maybe he didn’t have a choice. It might not have been offered to him, but rather it might have been assigned.

      • TheWanderingStar says:

        Yes that’s true, and if I were him I’d be exceedingly passed at those who dumped this steaming pile of sh!t on me.

    • Laramie Evan says:

      Like Comey, Clapper and Brennan, he never believed it would “come off the rails.” They’re corrupt and used to getting away with it.

    • dwpender says:

      If he was one of those (or even THE one) threatening Flynn with the “full Manafort” treatment for himself and jail for his son (perhaps with the full Manafort treatment as well), I have no sympathy for him. These are Weissman playbook, disgraceful tactics.

    • grlangworth says:

      Some people are myopic, and think that’s a virtue — they call it ‘focus’…

    • TJ says:

      Grack was head of FARA. He was also involved in the Manafort case. Manafort got involved lobbying for Ukraine, after Mueller went there in 2013.
      One of the central topics of the Mueller-Yanukovych talks was the Ukraine-EU association agreement. While it would have opened Ukraine’s borders to goods from the European Union, the treaty would have also invalidated the existing trade pacts with Russia, Ukraine’s largest trading partner at the time.
      One of the lobbyists working with Yanukovych to promote the association agreement was Paul Manafort. Through two consulting firms, the Podesta Group (founded by Hillary Clinton’s ally) and Mercury LLC, Manafort lobbied the US Congress, attempting to convince them that Ukraine was heading in a pro-Western direction. Ukraine did not, and Yanukovych was deposed in a coup.

      • Sprawlie says:

        FARA Registration Unit is organized under the DOJ-NSD.
        The National Security Division (NSD) is the conduit in DOJ through which the selling of foreign influence has been conducted. It should come as no surprise that this Divison was established in March 2006 by the USA PATRIOT Reauthorization and Improvement Act. For almost the entirety of this Division’s lifetime it has been under the control and staffed by the 0 Admin.

    • Will Hunt says:

      These guys are all “true believers” in the cause. What has become increasingly clear under the Trump regime is that many, many of the senior, principal, DS players are not there because of skill, talent or intellect but because of their corruptibility and lack of morals and ethics.

  54. Newhere says:

    I hate to knock Rudy Giuliani, who has his strengths and charms; but imagine if President Trump had SIDNEY POWELL out there prosecuting and making the case for him day after day. Giuliani didn’t have his story straight on what he was doing in Urkaine (in what capacity he was there, and how his efforts relate to official U.S. diplomacy or law enforcement cooperation), which works against the President. I’m not saying he’s done anything improper. I’m just saying our President sure could use a lawyer with Sidney’s stunning, unwavering clarity, both in writing and before the cameras.

    • dcnnc says:

      I think he DOES have Powell out there making the case for him. Read statements like this in her reply.
      From page 12…”After having been compelled by the facts to clear Mr. Flynn in January, Mr. McCabe opened the obstruction case on PresidentTrump and the FBI re-entered the 302 of Mr. Flynn’s interview into the Sentinel system on May 31, 2017, for Mr. Mueller’s special use.”
      Mr Mueller’s “special use” – a gem.
      She’s targeting the entire cabal.

      • Publius2016 says:

        its a piece bt piece destruction…unraveling first…NOTICE FLYNN WANTS EXCULPATORY EVIDENCE THEN DISMISSAL!

        • signfollies says:

          Flynn is a patriot and a man of principle. To have the case dismissed without first exposing those who misused their power to entrap him would be to ignore the need for justice and leave his country in the hands of the criminal elite who run the DOJ, the FBI, CIA, NSA, the NSC and the State Department. Flynn is going to be a very rich man.

          • davidsstones says:

            Powell and Flynn are laboring for the exculpatory information for us, for the country, for our future; setting valuable precedents by diminishing the powers operating against justice; by uncovering what was carefully hidden; the motives and premeditated duplicitous behaviors to harm by crafting and fabrication. When Powell is done might guilt be assigned with justice; the guilty experiencing Manafort and Stone style 4:00am raids for severe punishments and disbarments to become examples by the court to other attorney’s and judges who use the system to abuse. Powell and Flynn’s successes could be historical for more then valued justice for Flynn. Liberty and Justice may be restored to The People.

        • oldumb says:

          Which states that Lt General Flynn is a patriot loyal soldier even at this stage. He will wait on his justice (poor excuse as it can never be given back once taken) until we (the country) get the truths we deserve. Flynn is a great man.

          • signfollies says:

            Exactly why Flynn is pursuing this course. The Obama team thought he’d make a good fall guy and patsy. But they were so mistaken.
            Thank you General Flynn for your service to our country.

      • John Obidienzo says:

        Sidney takes the ‘kill shot’
        Sidney’s motion to compel the government to produce Brady evidence–in full and uredacted–breaches the underbelly of the ‘deep state beast.’ It begins the unraveling of its apparatus of deception, and with one ‘expert’ shot, removes the Sword of Damocles hanging over the heads of both the good General and our President. Bullseye, Sidney, Bullseye!
        What interests me most is entered in Sidney’s expanded timeline page 5: a Feb. 8 email [Person in White House goes up to Flynn’s office, reports to Strzok he was unable to get valuable Intel.] The name is redacted. Could this be the ‘snitch whistleblower’?

        • teeheeman says:

          I think there is a decent chance that is the whistle blower who was indeed at the WH at that time – Eric Ciaramello. There are other Strozk/Page emails that refer to a “Charlie” as a WH source – he has never been ID’d to my knowledge. Well guess how Ciaramello’s name is pronounced…….CHAR-a-mello which was spelled out in the Real Clear Politics expose on the whistle blower. Any reason the author of the RCP piece (a good reporter) made a point of including the phonetic pronunciation? HMMMM…….

      • Phil aka Felipe says:

        “Mr Mueller’s “special use” – a gem.
        She’s targeting the entire cabal.”
        Excellent observation, dcnnc.
        Next up as Sidney’s target: Andrew Weissmann? Was AW the one Van Grack was reporting to vs Mueller?

      • Concernedcitizen says:

        The Flynn prosecution was an overreach and the DOJ/FBI knew it. But as Sidney Powell is aware, Mueller needed Flynn’s conviction to give viability to the obstruction case they were pursuing against the President (the crux of the obstruction case was the President obstructing the Flynn investigation by asking Comey to go easy on Flynn). To get that Flynn plea they were willing to beg, borrow, and steal – including threatening to prosecute Flynn’s son if Flynn did not plea guilty.
        To look at it another way, the Flynn prosecution would not have taken place had not President Trump been a high value target for the cabal led by Mueller/Rosenstein.

    • signfollies says:

      Well, there is always Trump’s second term. Perhaps once the Flynn case is settled the White House can find a spot for her.

    • Bogeyfree says:

      IMO PT would be foolish not to have Sidney by his side when it goes to the Senate.

      • TrumpPatriot says:

        I cannot think of anyone more perfect to appoint to the Supreme Court to replace a female justice. She will withstand the terrorists of the judicial committee and give as good as she gets. And no one……no one……will make HER cry!!
        When the time comes. . . . . . She is my singular choice for Justice.

    • oldumb says:

      I don’t like people complaining about people on our side, and I am not accusing you of doing so, but HELL yes it would be awesome to have Sidney educating the public in her deliberate and clear manner. Spot on!

    • grlangworth says:

      This lady lawyer is a vicious snake that’s been lying in wait to take advantage of her previous footnotes. Always value people for what they want to do, not what you think that they can do.

    • wightmanfarm says:

      She is solid ! Love her.

  55. Dax Jaket says:

    Thank God for confounding the evil-doers of the deep-state and rendering all of their machinations defective.

    • Joemama says:

      Amen. I have prayed for this repeatedly over the last year. I’m pretty sure that I’m not the only one to do so.
      I have also prayed for the evil doers to recognize the error of their ways. Some probably think that what they are doing isn’t wrong.

  56. UncleGrumpy says:

    “First we f*ck Flynn, then we f*ck Trump”. This is the conspiracy that is being unwound here. This battle is bigger than many realize, and the finish is at hand.

    • Cam Heck says:

      Sidney and General Flynn know enough to take down the whole cabal, I’d bet. Once Sidney finishes getting justice for General Flynn, I hope she turns to taking them down. She’s the only one I trust as she has no interest in protecting the deep state.

      • Phil aka Felipe says:

        “she has no interest in protecting the deep state.”
        And she ain’t in DC!

      • Will Hunt says:

        No interest in protecting…! She’s been gunning Weissman and his team of miscreant felons for years. She’s undermined (up to this point) at every turn by a corrupt DoJ, FBI, et al.

    • grlangworth says:

      This defines why Trump makes the decisions that he makes. Remember what his wife told us: He is a ten-times-harder counterpuncher. He just loves it when you have no excuse not to take the punishment.

  57. CM-TX says:

    After this travesty of justice has been allowed to drag out (*PRE-Sidney Powell), If Barr thinks he can somehow restore ANY credibility to the D0J as an institution- he best think again! The time long ago passed for any sort of redemption arc being possible in the storyline!
    He might be able to salvage the AG position itself– IF he takes a righteous stand against ALL the Seditious Conspirators. But without a simultaneous purging of those who hide behind the D0J Seal– he should FORGET it!
    And if he has any sadness or anger about that forever tainted reputation– he should direct it at ALL the MORONS who chose to use the Courts as a Circus of POLITICAL Persecutions!

    • Dave Hunter says:

      Bruce Ohr still has a job, and Weissmann retained his job after losing the Arthur Andersen case 9-0 before the Supreme Court, which tells you all you need to know about the DOJ.

    • Dee says:

      I write to him every few weeks to tell him just that and that it is his time in history to right these wrongs friend or foe.

    • oldumb says:

      I think the “hand-picked” AG is smart working in the background and allowing the truth to come out organically. Then we can see what he does with it

  58. jeans2nd says:

    Just started reading, but one’s mind wanders back to two years ago shy one month, when the shock of Gen Flynn’s charges, etc., hit full force.
    How far we’ve come in two short years, thanks to a small handful of dedicated citizen-journalists/researchers, one conspiracy-theory radio show host, and one small lady attorney devoted to truth and the law.
    Our Lord does work in mysterious ways…

    • Dave Hunter says:

      Devin Nunes and his fellow Republicans in the HPSCI also deserve a hat tip. I wouldn’t be surprised if one of them is the source of a lot of the evidentiary requests in Ms. Powell’s court filings. I highly recommend Lee Smith’s book, The Plot Against The President. It’s an eye opener.

      • jeans2nd says:

        Great point! Thank you. And i stand corrected.
        Agree, Lee Smith’s book is a must-read, thanks for pointing that out. Rep Nunes’ “door-kicker” staff member Cash Battell deserves special mention.
        But…how many people know it was John B Wells of “conspiracy-theory” radio show Caravan To Midnight that brought Attorney Powell to Gen Flynn? True story, listened to those presentations and radio shows Nov 2018 myself.

  59. iwasthere says:

    Wow, Covington had some serious conflicts, and Flynn has a good malpractice case against Covington for the crap FARA filing and the continued Flynn representation after Covington became a material witness to the FARA filing. Clever attack pointing out that the DOJ had an obligation to point this out, but certainly not exploit the compromise of Covington. Covington is supposed to be a top white collar crime defense firm here in DC. Meh, looks like mandatory ethics class is going to be in store for Covington.

    • StrikerinGA says:

      Let’s not forget who is one of Covington’s partners – Eric Holder. https://www.cov.com/en/professionals/h/eric-holder

    • dwpender says:

      Sullivan will not ground any rulings he makes on a finding that as prestigious a firm as Covington unethically continued a representation — to the detriment of their client — in the face of a non-waivable conflict. The Judge will scrupulously avoid this issue.
      I’m simply making a prediction, not an arguing about the merits.

      • WSB says:

        Flynn should pursue it. Can you imagine if we were to find cell phone data between Van Grack and Covington that was not so kosher?

        • Joemama says:

          The DIA/NSA have access to a recording of any such phone calls, if it exists. If a FISA warrant was opened on someone 3 steps away, they legally have access to getting it.
          BTW – Q is back after 93 days of internet silence. 2nd post was checking the internet communications within the DOD intranet. I strongly suspect that the group of soldiers that calls themselves Q is in the DIA.

    • Chieftain says:

      Covington = a very Deep State firm. It had 86 lobbying clients in 2018 & over $17 million in lobbying spending .
      Democrats who lawyered there include: Dean Acheson & son, Howard Berman, Bill Bundy,
      John C. Dugan, Stu Eizenstat, Eric Holder.
      Republicans included: John Bolton, Kit Bond, Michael Chertoff, Jon Kyl, and Trump negotiator Robert Lighthizer.

      • WSB says:

        One part of me wants so badly to believe that Flynn took the hard road here to break this cabal into oblivion.
        I guess time will tell.

        • oldumb says:

          I was thinking that too, that he allowed himself to be duped, for the big show.

          • WSB says:

            It would not be unlike a 007 to throw all of it at the wall.
            What did Flynn have to lose, knowing where this was heading and knowing he could affect greater damage if he just stayed for the long haul?
            I always have wondered about the VP interview that Sunday and the later result of his firing.

            • oldumb says:

              Think the Pence meeting was a strategy session?

              • WSB says:

                Not sure…I was pretty shocked seeing his interview that morning. If you look at SD’s archives, I posted 30 seconds after his claim. Still not over that.
                Was this a timed effort, or was the VP going rogue? You tell me!

        • Joemama says:

          I think that you may be on to something. Flynn was head of the DIA and was planning on doing an audit of the IC for abuse of the data collection systems, when they “f’ed Flynn” and got him thrown out of the Trump administration.

    • oldumb says:

      Chris Wray can suggest some training classes.

      • Joemama says:

        Like “creative FD-302 writing”, “stealth interrogations expedited by omitting Miranda rights notification”, “how to have an affair at work and advance your career” & “citizen entrapment 101”?
        Comey & J. Edgar Hoover would be so proud.

    • grlangworth says:

      Yes, Covington must pay for its sins. They should also testify clearly as to the ‘friendly’ effort of the prosecution in their favor, as a parting gesture.

    • Will Hunt says:

      Maybe they can hire “empty suit” Chris Wary to do the ethics training…

  60. Phil aka Felipe says:

    Sidney Powell not only has Van Grack check-mated but also, Judge Sullivan. The heavy hand of the government came down on an innocent man. Remember, Judge Sullivan accused Gen. Flynn of being an un-registered agent of a foreign power and told him “Arguably you sold your country out”.
    So, it seems to me Van Grack is in a lose-lose situation and Sidney Powell and Gen. Flynn are in a very strong position for an dismissal or appeal if Judge Sullivan does not rule justly because of both prosecutorial and judicial misconduct.

    • Consider the possibility that Judge Sullivan’s “Arguably you sold your country out” becomes a Get Out of Jail FREE card.

    • But, Pharoh hardened his heart each time, even after he knew the truth, and after suffering horrible tribulations.
      Judge Sullivan is a black-hearted, Deep Stateist. He can still embarrasingly deny and hem-haw out of this.
      He cares about Brady violations, but this victim is named Flynn. Don’t put it past him to take one for the team.
      Sydney’s checkmate may not be confirmed until after appeal. All the while, she continues to expose and savage the deep state

    • grlangworth says:

      I think the Judge was being heavy-handed in trying to jar Flynn off his guilty plea. As he saw it didn’t work, he regretted same.

  61. Richie says:

    Now we sit back and wait to see just how compromised Judge Sullivan really is…

  62. cantcforest says:

    Huge respect to you Ms. Powell, and to ristvan and Sundance. I’ve been very snarky toward the legal profession, but you three and some other lurking lawyers at CTH have forced a self-examination. I’m sure you realize that you have the sins of Wiessman, Mulear, and the DOJ, CIA, FBI to overwhelm.
    Prayers for you and your families.

  63. Pyrthroes says:

    What is the magical Judge Emmet Sullivan to make of this? “Roll over, now play dead”– or, by some almighty effort-of-will, tell Gangrenous’ mafioso DOJ their game is up.
    Assuming Sullivan has known all this at length-and-detail for, lo! These many moons, who’s he gonna call? Can’t wait to hear what phony-baloney crap sandwich El Judge-o orders up for Lunch.

  64. Ma McGriz says:

    Dear Sidney, if you have eyes on….
    girl..
    you must fish.
    you sure know how to set a hook.

  65. Paul Gallant says:

    “The government has known since prior to January 24, 2017, that it intended to target Mr. Flynn for federal prosecution. That is why the entire “investigation” of him was created at least as early as summer 2016 and pursued despite the absence of a legitimate basis. That is why Peter Strzok texted Lisa Page on January 10, 2017: “Sitting with Bill watching CNN. A TON more out. .. We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.”
    The word “pretext” is key. Thinking he was communicating secretly only with his paramour before their illicit relationship and extreme bias were revealed to the world, Strzok let the cat out of the bag as to what the FBI was up to. Try as he might, Mr. Van Grack cannot stuff that cat back into that bag.”
    The Hubris/Stupidity of these two, Strzok and Page. Did they think their text messages were only housed on Hillary’s in house Server?

  66. 1 Observer says:

    “In essence: ‘Nice family you have there Mr. Flynn, it would be a shame if something happened to them; by the way, how’s that new grand-baby getting along?’…”
    Love the Eliot Ness metaphor, via “Untouchables”!!! And what did Mr. Ness clean up? Why that would be Chicago, home of Barry…ooops I mean Capone : )
    Outstanding!

  67. Paul Gallant says:

    “It is disingenuous to suggest that the proffer sessions were not adversarial when the government had permission to target Mr. Flynn, seized all his electronic devices, targeted his son, and seized his son’s devices. The government fails to mention that, to obtain the plea, it threatened Mr. Flynn with indictment the next day, the indictment of his son who had a new baby, promised him “the Manafort treatment,” and promised to pile on charges sufficient to put him in prison the rest of his life. The short fuse was no doubt motivated by the government’s knowledge, which it did not disclose to Flynn, that the salacious Strzok-Page emails, disclosing their vitriolic hatred of President Trump and his team, the key agents’ affair, and their termination from Mueller’s Special Counsel operation were going to be exposed the very next day. No individual, no matter how innocent, can withstand such pressure, particularly when represented by conflicted defense counsel. The advice a client is given by his lawyer in such fraught circumstances can make all the difference between standing his ground or caving to the immense pressure. Mr. Flynn caved, not because he is guilty, but because of the government’s failure to put its cards on the table, as Brady ,requires, and its failure to ensure that Mr. Flynn was represented by un-conflicted counsel when he was forced to make that decision.”
    Can you imagine being innocent as Flynn is and having to go through this by Meuller’s posse! I guess I will have to go back and research as to why his original defence counsel was so incompetent? Was it incompetence on their part?

    • Chieftain says:

      Robert Kelner is a small Republican donor: Mitt Romney, Barbara Comstock, Rob Portman, Ed Gillespie, Tom Cotton, John Mccain, George W. Bush, Mitch McConnell, Dave Camp, Jim Jordan, Chris Smith,Tom Coburn, Ken Leonczyk.
      Stephen Anthony is a much larger Democrat donor: Cory Booker, Tim Kaine, Katie McGinty, Hillary Clinton, Glenn Ivey.

    • WSB says:

      This is the $64,000 question I have been wondering about for two years.

    • Joemama says:

      I doubt that it was incompetence. It looks more like collusion against General Flynn.

  68. Laramie Evan says:

    Just a quick note: The “Sur” in “Sur-Reply” does not stem from “surreptitious.” Indeed, a sur-reply is anything but surreptitious. You have to file a motion with the court to get permission to file it in the first place and, of course, all motions require notice to opposing counsel. Nothing about this is surreptitious or stealthy.
    The “sur” stems from latin or french or something. It means “extra” or “over and above.” https://www.dictionary.com/browse/sur-
    Local rules usually provide for a motion, opposition and then a reply brief. A “sur-reply” is over and above what is provided for in the local rules. It is extra, which is why you have to ask the court’s permission to file it. It is not because it is “surreptitious.”
    That said, excellent coverage by CTH as I’ve come to expect. Bravo!

    • sundance says:

      Hence “sur” is the foundation of the word “Surr”eptitious…. which is based on the latin “extra”.
      As in “extra” repetitious. Surreptitious. Comes from the same origination.
      😀

      • WSB says:

        I liked the word play there, SD!!!!

        • WSB…Sundance’s word-smithing is like a rapier’ in his use of words, which makes him the most dangerous because of the UNDERSTANDING!!!!!!
          WSB…FYI: Rapier, or espada ropera, is a loose term for a type of large, slender, sharply pointed sword. With such design features, the rapier is optimized to be a thrusting weapon, but cutting or slashing attacks were also recorded in some historical treatises like Capo Ferro’s Gran Simulacro in 1610. This weapon was mainly used in Early Modern Europe during the 16th and 17th centuries.

  69. mark says:

    Did Page and Strzok even write the 302 within 24 hours of the Flynn interview? Or did they wait till they needed it to put in the details 3 weeks later? Call me an idiot if I missed that it’s ok.

    • dwpender says:

      Why was Page involved in editing AT ALL? She didn’t even attend the interview!

    • Joemama says:

      Lisa Page was not present at the unannounced interrogation, but edited the FD-302 several weeks after the interview.
      The FBI and their FD-302’s are FUBAR. F the FBI. Join the 2000’s and start using video recording devices @-holes! Better yet – disband the FBI. They are so corrupt they should not exist.
      They better hope that I’m not on a jury for a case where the FBI provides the evidence. The FBI is a bunch of lying liars that lie.

  70. dufrst says:

    She destroyed them. The only question is whether the judge is truly impartial. We shall see.

    • mark says:

      So the 302s are logged into the system in the FBI?

      • mark says:

        That particular 302 is what I mean.

      • dufrst says:

        I meant Sidney’s brief was simply superb. The only question is whether the judge has the guts to do the right thing.

      • Everything that is used or generated by any modern-day US Government agency is – by law – tracked in document-handling systems that meet certain mandatory standards of security and accountability. (These standards generally apply the same in the private sector, FYI.)
        The systems track every document, every version of the document (and the changes that took place between any two), any request to delete it from the system (but it never actually goes away …), and(!) every request to access it. No interactions are permitted to exist outside of the control of these fundamental systems: there can be no actual “paper path.” The electronic records are authoritative, and nothing else is.
        This, for example, is what enabled Adm. Rogers to authoritatively provide “actual numbers” to Judge Collyer, and for those [CLASSIFIED] numbers to be facts.

      • PoxOnTheDNC says:

        Maybe the same mystery eletrical outage the broke both camera when Epstein died somehow corrupted version 1-19 of Flynn’s 302 – just saying

  71. dcnnc says:

    You know what they say about how when you’re being chased by a Bear, don’t climb up a tree? VanGrack went up the tree.

  72. hawkins6 says:

    “Do not cheat yourself out of the enjoyment; read it.”
    Excellent advice. I was not disappointed. Sidney and her law firm colleagues are awesome.

  73. DeWalt says:

    Sidney Powell’s Opus

  74. Midnite says:

    I’m no lawyer nor do I play one, but that reply by Sidney was absolutely stunning! I read it before coming to the Treehouse and was so glad to see SD had already dissected it for our consumption. Ristvan, put the icing on the cake with his analysis of that last paragraph, because I had come away with a slightly different take on it’s meaning. Now, I understand the full import of limiting her request to just Brady material and show cause…Check and Mate!
    I was under the impression she would use any further Brady material in the Motion to Dismiss and better document the misconduct of both the FBI and the Mueller team…driving one last nail in their coffin. If you want to know what Lady Justice looks like folks this is it! Bravo Sidney!!

  75. Republicanvet91 says:

    Vane Crack is moving up fast on the list of incredibly vile hacks who need to do serious time in Gitmo.

  76. TwoLaine says:

    Sidney Powell will be on Lou Dobbs tomorrow night.

  77. Republicanvet91 says:

    “Flynn’s defense calls out the ridiculous. The prosecution argues it had no obligation to tell the target about any material favorable to the defense while the prosecution was piling-on pressure to generate a plea agreement. Then, once the plea was coerced, the prosecution claims they have no obligation to provide Brady material because the target signed a plea.”
    Could one of the resident lawyers explain when Brady material should be provided? I was of the understanding it had to be provided as soon as it was known…that it was not contingent on any legal proceedings being at a certain point.
    Which then begs the question…what the hell were his previous attorneys doing if they were aware of Brady material that should have been provided before the plea. Or even if they accepted the idea it should be provided after, why did they not go after it then?
    It was loooong after his plea that Ms. Powell was hired. Certainly they should have thought to say pretty please earlier.

    • WSB says:

      Mighty good question, there.

    • Rhoda R says:

      I believe the governing concern for the old law firm might have been ‘conflict of interest’. To put it mildly.

    • evergreen says:

      Be careful utilizing a law firm that values continued access to the market over a particular, very out of favor, persecuted (by the “market”) client. They may have been 100% professional in FARA paperwork, but when the prosecution for the home team is using an inside game to make the FARA paperwork impossible to stand on its own, then the law firm is scrooed. It either cuts bait and says this system is rigged to fail forever in the home team’s favor and the client is innocent and in good conscience just as the law firm is, or it rolls over and hangs the client neatly and lives to play more games now on the home team side.

  78. jus wundrin says:

    I like the direction that Sidney has taken this, and pray that the ‘checkmate’ results produce a bumper crop of good fruit.
    ….but having said that, the devils advocate says if the judge decides to move on, ignore Sidneys ‘sur’, and pronounces Gen. Flynn guilty, what would happen to the judge? Im thinking nothing.

    • Doug Amos says:

      Obama orchestrated the whole thing and that is what is going to happen to him; nothing.

    • Beau Geste says:

      For one thing, Judge Sullivan would become the villain in Sidney Powell’s next book “Licensed to thwart justice and destroy trust in the judicial system”.
      But only after appeal to the Supreme Court and/or Pardon.
      Judges can be removed for lack of good conduct. Another reason for the GOPe to regain the House in 2020.
      Recall that Judge Sullivan was “picked” to replace the forcibly-recused Contreras, who apparently signed the first FISA Warrant. (How was he “picked”? I had a case in which the same federal appelate judge was disgustingly always “picked” for the issue of our appeal, against extremely-impossible odds for ostensibly random selection).

  79. John Ronning says:

    masterpiece!

    • Nowut Ameen says:

      Prediction: Judge will be “very disturbed” by the allegations in Powell’s sur-surreply, but he will uphold the plea deal. He will say that Flynn should sue Covington who did not serve his interests well due to their own conflict. I hope not, but that’s what I fear.

  80. grumpyqs says:

    Sidney Powell and General Michael Flynn are absolute national treasures to America. Their competence and courage gives them the ability to stand, battle and win against perhaps the greatest internal evil America has ever witnessed. I wish for them to be richly rewarded!

  81. uptothere says:

    One wonders how many other proTrump workers have been ensnared by corrupt law enforcement? Especially low level people being threatened off the radar.

  82. Republicanvet91 says:

    Another question for our resident lawyers:
    “For the prosecution in this case, the continuation of the brady process to discover the background information/evidence might just be a worse option than withdrawing the charges.”
    If Gen. Flynn decided to sue his former attorneys/DOJ, would any of this Brady material be discoverable? Would it not prove his former attorneys incompetence? Or prove the DOJ acted malicious?

  83. Clara says:

    I just have one thing to say tonight: PLEASE DON’T FORGET TO PRAY, EVERYONE.
    As the saying goes, “Work as if everything depended upon you, and pray as if everything depended upon God.” Sidney has done the first part for us. It’s up to the rest of us now to do the second part.

    • amazed treetop downlooker says:

      AMEN !
      Thank YOU very much for the reminder, for….our struggle is not just against the evils of men & women of this world, but ALSO against POWERS & PRINCIPALITIES !
      The battle belongs to the LORD, THANK GOD !
      Help us, Bless us &
      Protect us, FATHER SON & HOLY SPIRIT…THY will be DONE !
      GBY Sidney Powell & Gen. Micheal Flynn, Peace of Christ be with you, now & forever.

    • don churchill says:

      thank you Clara for reminding everyone god is in charg a day dose not go by that i forget to PRAY for POTUS & FAMILY SYDNEY & FAMILY FLYNN & FAMILY thank you

  84. Republicanvet91 says:

    “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. ”
    I understood this law firm was a place where Eric Holder warmed a chair in between gun running operations. Given the obvious exposure to liability here with Flynn, would the firm have enough horsepower to “encourage” certain DOJ attorneys to push a case beyond reason?
    Would the firm have enough clout to encourage a judge to hear a case beyond reason?
    The questions might sound like tinfoil hat questions, but then who would have thought the FBI/DOJ crew would have tried framing a President.

  85. Trump should appoint Sydney Powell as the DOJ Inspector General

  86. Bubby says:

    I hope once this attempted legal lynching of General Flynn is dismissed with prejudice that he will speak out against the deep state and the IC! He was hated by obama and Brennen because he opposed their facilitation of radical Islam and their allowing the willful spread of ISIS! General Flynn knows what they did against the country and must speak out! Godspeed Sundance, Sidney Powell and General Flynn!

  87. Bill Barnes says:

    If they can do this and absolutely ruin a famous, patriotic mans life, what can they do to a nobody they decide to railroad? Like us?

    • amazed treetop downlooker says:

      ANYTHING they want, is what they can do to us “little nobodies”..at least in their little EVIL DEEPSTATE minds . . . THAT’s a MAJOR associated goal of theirs, to thoroughly intimidate & neutralize the “sheeple”…BUT….
      I sense, HOPE & DO BELIEVE the tide is turning….
      Mueller sham fiasco, devastated;
      Ukraine, boomerang turning, not even close to deadly DEEPSTATE grifter wipeout
      speed/deadly multiple swampsters smartbomb bullseyes it’s gonna wreak;
      Impeachment inquiry DSNDPSKCourt=Deep State Non-due Process Soviet
      Kangaroo Court (Thank you, Congressman/former Fed Judge Louie Gohmert
      for this summary label !) that’s gonna destroy the demonDimcraps & usher in
      the 2020 MAGA/KAG VSGPDJT tsunami landslide, plus …
      Any number of biggies the REALLY smart Treeper Patriots can & will add to this list…
      International bankster cabal, let’s you & him fight arms profiteers, etc ad nauseum…
      DeepState Cornwallis, whoever you rats are, the Patriots are awakened, energized and coming for YOU & your numerous partners in crime…YES, gonna take years, but …
      A B E S M I R C H I N G IS FAR LESS than what you deserve and ARE gonna get !
      ??????

  88. Charlie says:

    Reads as though she is trying compel the release of all the Brady material. THEN she will ask dismissal. As though she is working for Trump after all, going for release of all the corruption leading up to the russia farce.

  89. WES says:

    It is Sullivan that I don’t trust! He is 100% swamp. He is the one who let the prosecution destroy Ted Stevens. He gave them all the time they needed to let the “process” destroy Ted Stevens so he lost re-election. Only then did he appear to slap the prosecutors but didn’t punish them one iota!
    I expect the same thing here too. He will protect the swamp above all else! He won’t harm the prosecutors one iota! Sure he will say a few words but won’t take any action.

  90. These government lawyers are the classic example of not only corruption, but of a god-complex. They know this is a high profile case. They know it will be scrutinized. They know the spotlight is on them. And they know that what they are doing is wrong and will be discovered. Yet they still did it anyway. Because they are god and the highest authority in existence.
    The absolute gall of these bastards. If this doesn’t infuriate you, let’s play a what if game. What if this was you, normal joe sixpack. Your case is just a run of the mill, everyday case. Nothing special to anyone…except you. No overriding importance to the country. No spotlight. And definitely no Sydney Powell as your lawyer. Hopefully, you aren’t stuck with an overworked and/or incompetent public defender. Let’s say you can afford a private practice attorney. A good one that costs just the average $500 an hour. One that requires a $50,000 upfront retainer. So far so good. But unknown to you, your attorney runs in the same circles as the prosecutors. Maybe they even went law school together. And their wives play tennis with each other. Of course you know none of this. You think your lawyer is on your side. They come to you and they let you know that even though mistakes were made filing certain paperwork, the prosecutors say no harm, no foul. They’ll just overlook that and not charge you with anything more than this other charge if you just plead guilty to it. The prosecutors will even recommend no jail time. By this time, you’re two years into this and have already spent $200,000 for your attorney. You’d be crazy to not take the deal, just to put all this behind you.
    How many people have these DOJ lawyers done this too? Because they didn’t all of a sudden decide to become corrupt just for this one case. How many lives have been destroyed? How many people have they bankrupted? And if they aren’t made to pay a very, very steep price, they will continue to do this. Every. Single. Time.
    Now I ask you again. Does this infuriate you? Make your cold anger turn hot? Make you vow to do whatever is in your power to stop it? Think about. I know I have.

  91. Joemama says:

    “stunning admissions and untenable paradoxes …”
    HaHaHaHaHa!!!!
    Heads, Flynn/Powell win, tails Van Grack loses. It is just a matter of how much he loses. I hope he is disbarred. Loss of the ability to practice as a lawyer would be appropriate punishment for the legal abuse dispensed by this POS.

    • Rhoda R says:

      Disbarred and loses his security clearance. Too many people floating around with TS clearances who have no business with them.

  92. susanphd says:

    “So if Flynn’s case is dismissed can PT immediately appoint him head of the NSA?
    And if so how fast do you think we would get a full audit on all those FBI contractors who conducted the 3.1M NSA queries in 2017 alone?
    Surely PT has already thought about this sweet revenge move right?”
    After this horrible fiasco, I highly doubt that Flynn would want to get anywhere near the government ever again. They tried to destroy him and his family. Probably wants nothing to do with public service.

  93. Matt Frihart says:

    I REALLY hope flynn gets nominated to the supreme court after he’s cleared, qualifications ont withstanding, what he’s gone through alone makes it a gem to cheer on his nomination…… he would have the right constitutional compass regardless of experience.
    and the show in the media meltdown….. priceless.

    • Beau Geste says:

      Despite being a lawyer, I think it would be a good idea to have several non-lawyers on the Supreme Court. Some of the “interpretations” of the Constitution (eg, the Commerce clause) have become so crazy and convoluted, that they are fabrications out of whole cloth (pun?). This would introduce some common sense, and plain-reading of the Constitution.

  94. Retired IG says:

    Dear Sundance, \
    Thank you so much for posting this document. Can’t think of anywhere else I have would ever been given the opportunity to read this. THANK YOU.
    One of the most intense court filings I’ve ever read. So refreshing to read a brief composed by a person with a FIRE in the BELLY and KNOWLEDGE of the legal system to BACK that FIRE up. The picture of electricity hitting was PERFECT.

  95. Maquis says:

    That is a stunning document, irrefutable inescapable hurricane force logic. If Sullivan fails justice and our country any further in this matter this very letter will serve as his career’s epitaph.

  96. lgstarr says:

    Makes me wish I was a lawyer (I’m just an old musician). All I can say is that I really want to cry knowing that this could ever happen to anyone much less someone who served our country with honor. I hope God gives everyone on the right side of these issues great strength and endurance to obtain justice because if they don’t prevail we are all lost.

  97. DiU says:

    All of the backwards & forwards on this, there is no other conclusion that I can reach – these people are mongrels! & I mean that in the most vicious sense of the word!
    Stunning document – prayers & thoughts to The Flynns & Ms Powell!
    The comparison in the characters of these people is simply stunning!

  98. Genie says:

    I wonder why the included timeline of Jan-Feb 2017 does not include Page’s 1/23/17 text “I can feel my heart beating harder, I’m so stressed out about all the ways this has the potential to go fully off the rails”?

  99. Genie: the last sentence “potential to go fully off the rails?” is an insight into their thinking right there. THEY, the despicable human beings, can think of things like this on the TAXPAYERS DIME think of how much good they could have done against threat(s) facing our country.
    I say: HANGING ‘EM HIGH and slam them in the ground with no markers whatsoever and after all, is said and done, a plaque put up that states what is there…that is all!!! NOT their Names NOT ANYTHING!!! Forever lost in the dustbin of history!!!!!

  100. Lulu says:

    What should anger all citizens is the threats and endless government budgets are used against anyone charged by the Feds.
    What should terrify all citizens is that this was done to someone so we’ll connected and in full view of the public, media, and judiciary. If they can do that in these circumstances to a General what chance would any of us have.

    • The only one we have is open armed rebellion. Sad but true. The Tree of Liberty is in need of watering by the blood of tyrants.

      • old white guy says:

        America has turned into what we fought against for generations, an immoral, Godless, socialist tyranny. That anyone could even think that what is happening across the country with government is acceptable is insane and they should be required to get out immediately and move to Cuba, NK, China or some other hell hole of communism. Liars and frauds are not needed in America. Those who hate God and the constitution have to be removed.

        • jiminCO says:

          We, as American Patriots, had fallen asleep inside the blanket of affluence. Our forefathers set the foundation of one Great, independent nation, with self government and Rule of Law after defeating Rule of Man (George III).
          Rocked to sleep by the fruits of Normandy, Iwo Jima, and the No. African Desert campaign, the grandchildren of bloody liberty have retreated to their cell phone universes, and have listened to the subversive cabal in Academia.
          American will circle the drain if we do not rekindle that resolve to hold against the tide, to root out recurring tyranny and to win the nation back. Time to stand up. Posting on this comment board feels good, but it is not enough . . . .

      • magoo622 says:

        Well thanks to their own insistence to ‘thrive’ in the DC Swamp. We know where they are and where they live. Revolution anyone?

    • Garavaglia says:

      Not just the Feds…at all levels. This should make all of question every plea deal ever made, at every level. Plenty of innocent people in jail or prison. Not everyone has the money to hire a lawyer. Happened to someone i my family, but able to hire a good lawyer ($30,000) ten years ago. That’s what it takes, just to have a somewhat level playing field. That;s at the state level. Like you say, the Feds have seemingly endless funds (our money) to, in this case, eradicate our election results. They (coup plotters) are making some poor, very dangerous decisions for themselves. So sad.

      • mostlyogauge says:

        I also know someone who was in a similar mess at the state level (not providing gender, location, etc., to protect them, but this is a good example). A false accusation was made and the person went to court to defend that person’s good name. The outcome was favorable to this person but cost the family over $50,000. Fifty plus grand to defend against a false accusation. I hope the person sues the state to recover the money and damages. What government at all levels has become is such a disgrace.

        • Garavaglia says:

          Yep. My family member was facing 100 years in prison…for false accusations. To say I am leery of people would be a vast understatement. I don’t think people are able to comprehend this concept until it happens near to them. I like to say that you don’t have to commit a crime to be charged with one. It is reality, but much of the world would prefer to live in la la land rather than reality. For me, I’m ready to get it on..lol. Got some leveling to do with the rest of this life.

    • sDee says:

      “If they can do that in these circumstances to a General”
      Seems clear now that the IC has used this same pattern of manufactured evidence, media collusion, and worse to control all Presidents in our lifetimes, until this one.
      I pray for Donald Trump and those who stand in harms way to protect him.

    • Michael Osmon says:

      Thank God General Flynn had the stones and the funds to bring this travesty to its current state. We may never have known otherwise

      • paulyho39 says:

        What makes me sad…and angry….is that Flynn may not actually HAVE the funds to cover this additional case…because they government…courts, etc…have already drained him so dry! He really needs our prayers!

      • Orville R. Bacher says:

        Sydney Powell is the turning point for General Flynn. The criminals in the Washington Mob were bankrupting Flynn.
        It is high time to change the law and let citizens sue individuals in government, and get rid to this cloak of immunity, this dirty shield, for criminals living large on the government payrolls.

    • tularevava says:

      Look at Catherine Engelbrecht and the True the Vote case. She was a private citizen who joined the Tea Party movement because she was shocked at the voter abuse she saw in Texas. She and her family’s small business were attacked by the IRS, FBI, DEA and OSHA .. for years. And Elijah Cummings attacked her on House stationery. This was years ago in the Obama years. And it’s still going on.

    • margarite1 says:

      What especially sickens me is the comparison of Flynn and his son to Biden and his son.
      McCabe, Comey and all who participated in this travesty should go to prison – with the full Roger Stone and Manafort treatment. Our government agencies are totally out of control.

    • pj ranger says:

      There was a guy from Minnesota, I think his name is Howard Root, who had a medical device company and the Justice Department came after him and his company. They used all kinds of unethical tactics against him and his employees. They just wanted a conviction, they didn’t care if it was true or not. I heard him tell his story on a local radio station a year or two ago. It’s very similar to what’s happening to Gen Flynn. The head of the division that tried to convict him of a crime was Sally Yates. It’s pretty sick what they put him and his employees through.

  101. Pyrthroes says:

    At what point do “behavioral economic” measures –not mere disincentives, arbitrary personal penalties, but substantive institutional changes (“reform” is not the word)– begin to get the DC mule’s attention? These necessarily include radical decentralization; repeal of Pres. Arthur’s Pendleton Act to ensure Fourth Branch performance via personnel turnover; mandated out-sourcing of est. 80 – 90% of administrative/regulatory (bureaucratic) functions to competitive private entities on near-term contracts vs. useless ingrown-toenail quota-hires.
    Call an incoming Administration’s institutional appointments a “spoils system” if you will, but two centuries’ experience with DC’s extreme-malfeasance, lurking-menace “Deep State” careerist clerisy proves that a disinterested, impartial, non-partisan Civil Service is a dangerous myth. Having perspicaciously addressed checks-and-balances in Executive, Legislative, and Judicial branches, the Founders perforce neglected every historical State’s underlying mandarinate, its parasitic Fourth Branch substrate which eventually –in about ten 36-year cycles, 360 years– crushes every civil polity, rendering society defenseless when barbarians are at the gate.
    On its face, institutionalizing crucial preventive measures as “reforms” would likely require convening a dread Constitutional Convention for the first time in U.S. history. Preventing an open-ended, out-of-control overthrow of Bill of Rights strictures is not a matter for judicial kritarchs but a profoundly socio-cultural/political exercise in popular sovereignty. Alas for people’s rule, for some two generations this country’s relentlessly collectivist/Statist academic-media-official complex has tirelessly promoted a passive-aggressive, penultimately narcissistic, quota-baby dependency syndrome rendering successive cohorts’ lower quintiles incapable of discerning their true interests. Absent formally enacted, real-world procedural solutions, Franklin’s American Experiment will perish of success– and deserve its fate.

  102. wightmanfarm says:

    I’m not an attorney and I did not stay at a Holiday Inn Express last night, but, the very fact that Flynn asked about having his attorney during the original inquisition and was told it wasn’t necessary should dismiss this case under Miranda protection. Is that not true ?

    • Garavaglia says:

      He should have kept his mouth shut. Hard to believe, at his level and experience, that he was gullible enough to trust them. I have always had a hard time understanding his naivete in this scenario. To answer, I don’t think it does. Once you make the decision to talk, it’s on you, no matter what the interviewer “says”. We all have the right to remain silent…all day long, in ANY situation, legal or otherwise.

      • mark says:

        Garavaglia, remember that the original 302 said that strzok and pientka wrote they felt General Flynn did not lie. It was only after page edited that original 302.

        • Chewbarkah says:

          Something I have always wondered: when is the defense, or a House/Senate committee, ever going to depose Joe Pientka? He seems to have some special cloak of invisibility. Were I Judge Sullivan, I would summons Pientka and grill him myself.

      • sDee says:

        ” Hard to believe, at his level and experience, that he was gullible enough to trust them”
        Put that in context of the video posted by Sundance where Lee Smith said Flynn was preparing an IC audit including having all high level IC officials justify their positions.
        Someone very close and trusted must have lured him in.

        • Garavaglia says:

          Agreed..but he still owns the fact tat he spoke at all. I’m not saying the man is guilty of anything..but when you speak..in those types of situations..you are opening yourself up to all kinds of malfeasance. General rule: Anyone interviewing you in a situation like this is NOT your friend and is NOT trying to help you..no matter what they say. They are trying to catch you in anything that they can twist and turn to their favor. Loose lips sink ships.

      • The military goes by a strict set of stringent follow-the-book standards and expectations of conduct (or suffer the consequences). Perhaps General Flynn had not yet become well versed in the political world of deceitfulness and lying.

        • Garavaglia says:

          I seriously doubt it. How long had he been playing the game in one way or another (or at least around it)? The military ain’t perfect either..nothing is. standard protocol is: DO NOT SPEAK WITHOUT AN ATTORNEY PRESENT…PERIOD”. This is basic.as simple as it gets.

          • I think what some people are writing about here are very good points and I would not take anything away from them. However,
            Gen Flynn KNEW there was going to be an Intel Op of some sort. He spent 30 damn years as a Military Intel/Counter-Intel. Given that many years in doing both sides I guarantee you that he knew he was being set up and knew what was coming OR SOME FORM OF IT. IF he had not done this we would have NEVER KNOWN who the players were from the LOWLY to the HIGHEST…
            Never FEAR, PDJT takes care of his people and Gen Flynn and PDJT are men of character and they TRUST EACH OTHER!!!!!!!!!

      • alonzo1956 says:

        Garavaglia: General Flynn trusted the system as the America he grew up in, much like I was raised. Unfortunately America morphed into something lesser than the great Nation I was raised to believe was a just society. When one has to worry that their Government will screw them rather than improve every element of society, the system is doomed to never actually rise to the top. It will protect the powerful over all of the rest, while giving a false sense of security to most, and that is what we have today.

        • Orygun says:

          Justice is one absolute that should not be based on money. Our tax money should be used to protect us from tyranny not promote it.

        • DFinley says:

          Honest men, in a just system, have no reason to measure their words, or seek counsel prior to speaking.

          • Garavaglia says:

            When was this system ever just? It isn’t, never has been. We are a nation that has laws..not a nation of law. Why he trusted these people I will never understand. No need to speak with any of them. Let em charge you, then lawyer up, or lawyer up beforehand. Note, the first thing a lawyer tells their client is to shut up. There is a reason for that. I have been falsely charged with a crime, so my fantastical former view of the justice system got right sized real quick. A felony, too. I don’t trust any of em..we live in a sick world. It’s reality. I will tell em to kiss my a5s..but that’s all their getting out of me.

      • Bryan Alexander says:

        Garavaglia, we have never heard Mike Flynn’s recounting of that conversation. All we have heard are the coup plotters, who have a vested interest in lying about this to convict him.
        General Flynn was NatSecAdv. He has a Deputy Director for the Bureau and Deputy Assistant Director of the Counterintelligence Division show up for a meeting in his office on Day 2. He isn’t thinking “What have I done wrong?”. He is probably wondering what kind of Counter-Intelligence Op is going on. He was probably thinking of this more as a briefing or Sit-Rep than him being a target.
        What would be worth millions of dollars is a and video tape of that meeting. I would love to know exactly what, and how, McCabe and Strozk asked him. You can be just about guaranteed that it is NOT what they said it was.

      • taxman1960 says:

        This just tells me that if the FBI/DOJ came to talk to me, my memory would immediately fail on any questions asked. Worked for Karl Rove, HRC, etc. Scooter Libby should have “shut up”!!!
        At a minimum, everyone questioned by FBI/DOJ should record the conversation for their own records.

    • Jive Pawnbroker says:

      That would seem to be the case but I’m no lawyer either. Were his original lawyers simply incompetent or in cahoots with the Deep State?

    • Linus in W.PA. says:

      This may be too basic, but he wasn’t be being arrested at the time.
      I had thought that was where Miranda kicked in.
      I’m not an attorney, FYI.

    • Will Hunt says:

      I’ve thought the same thing for a while now – Gen Flynn was incongruously naive for a very experience nat security expert

      • Garavaglia says:

        Yes. I’ve seen this before personally, where someone goes in to speak with investigators under the impression they just need to clarify some details, then BAM! Word to the wise..zip it. I realize this was a sham interview with a pre-written outcome and I do feel bad for Gen., Flynn. A tough lesson to learn about the swamp. It wasn’t so clear then as it is now concerning who is in on the coup. He has definitely helped people like me see clearly who my enemies are. These people should have respected my vote. Oh well, they made their decision..so be it.

    • lieutenantm says:

      You are right. I’m not an attorney either because I walked away from a scholarship at U of Chicago Law School….way back when…having sleuthed out that “THE LAW IS POLITICAL”. [This is funny today: I had been thinking that “practicianers of The Law” were a sort of priesthood.]

      • glissmeister says:

        The worst among them certainly behave as if they have divine ordination.
        Supremacists. A clerisy of the narcissistically insane.

    • bofh says:

      “Flynn asked about having his attorney during the original inquisition and was told it wasn’t necessary”
      The irony is that he was apparently screwed by those same (“his”) attorney[s]. So it probably would have made no difference had they been present or not.

  103. Jimmy says:

    Sullivan: “…reprehensible and should be condemned in the strongest terms. However, this sloppiness does not rise to the level of prosecutorial…. in view of Russian interference with our most sacred institutions, our electoral system…. FBI agents operating in a fog of intelligence failures, understandably…. Still, some consideration must be given to the defendant in all this. … a reduced sentence of only two years.”
    Legal eagles, what are chances for an appeal?

    • wightmanfarm says:

      Where did this come from?

    • gary says:

      with barr and durham floating around the world gathering evidence, the idea of fbi agents operating in a fog,would be laughable. a response from sydney to that would be especially entertaining. as far as sloppiness,that argument is exactly what sydney has blown out of the water. her script of prosecutors actions is devastating. flynn’s partner being aquitted of a jury conviction,by the judge of the trial, is also weighing heavily on sullivan,or it should be. if sullivan sticks to the matters at hand,flynn will walk. if sullivan allows fear of deep state peer attack get to him,he will cave,and destroy himself.

      • Remington says:

        Right….Lots of that fog going around…Same …fog…. was up and running when they killed Levoy….also present at the Pulse nightclub in Orlando…San Bernardino terrorist event. The baseball assassination attempt at the game…and let’s not forget Las Vegas.
        Yep, lots of …fog… surrounding the fib…and cia

  104. mark says:

    Is OAN covering this? Because none of the msm is. I have heard nothing on Fox.
    Really!! 1 of the MOST IMPORTANT, maybe the MOST IMPORTANT court case in American history and only the Conservative Blogs are getting the news out to the public.
    So be it. When the match is finally lit and the arrests start they ( the other side blindly following the msm) will have to try to keep up. That’s when I’ll smile at all of my friends who think I’m a conspiracy nut and give them little tidbits of info to drive them NUTS!
    Ya’ll Treepers have a BLESSED DAY, love you one and all.

    • Garavaglia says:

      As an aside, I have..not intentionally, almost completely stopped watching Fox. These polls are obviously manipulated to try to sway public opinion, so, that means Fox is assisting in the overthrow of our election results. And the argument that there are a few patriots?,,well.it’s like a disease: can’t have a little bit of a disease, you either have it or you don’t, and Fox has it!

      • Michael Osmon says:

        I stopped watching Fox as well, but for me it was entirely intentional and for the same reason as you

      • RePete says:

        FOX has been noticeably altering their coverage and host/ess lineup since the election. Rest assured that this has not gone unnoticed by the general public. It is blatantly obvious that while they may provide talking points that half-heartedly rebut the Russian Hoax and other anti-Trump propaganda, they still continue the dialogue, repeating the lies and keeping them in the public view. FOX media avoids dialogue/narrative/coverage/etc on the blatant corruption within our State. Instead, FOX media focuses largely on fake, anti-Trump narratives while they pretend to defend him. I’ve arrived at the idea that FOX will replace CNN in the airports. They’ve already pulled CNN here at the San Diego airport, and San Fransisco didn’t renew their contract either. Only a matter of time I feel.
        Repetition is the key to accessing the subconscious. And coupled with strategic placement and celebrity endorsements, repetition is a powerful tool. This media strategy is “textbook” in nature and standard practice for marketing/advertising/sales professionals with a basic understanding of Integrated Marketing Communications. IMC is an actual field of study at universities nationwide. I’m not surprised at all people are responding favorably to the 24/7/365 messaging at the news stand/gas pump/elevator/bill boards/social media/search engines/airports/etc. Large cities/population centers with high concentrations of media are inundated with such messaging and more likely to succumb. It’s like that song you hear on the car radio Monday morning on your drive to work. It’s an awful song and you still hate it by Friday’s drive home, but by that time your singing every word.
        The polls that are released publicly are completely and utterly fake and have no further credibility after the last election. Even the simplest among us understand this.

      • paulyho39 says:

        Yup! Me too! I am more and more disgusted with that network! I am glad there are other options out there available…Fox is going to find out that their ‘shift’ to the left is not going to be a winner for them!

        • RePete says:

          I don’t see it as a shift to the left. In fact, I don’t even see it as political. Evil does not seek partisan cohorts. Evil seeks power, and those who wield it.

    • Heine says:

      I think we can be pleased there are Conservative blogs. I often tell my liberal friends, go ahead, wipe out Fox News, all you’ll achieve is driving Conservatives to underground news sources. That’s where we all can find the true ‘transparancy’. This blog is amazing and I turn a lot of friends to it.

    • ImpeachEmAll says:

      Different day; same old same old…
      Remember Dr. Christina Blasey Ford, the accuser of Judge Brett Kavanaugh?
      Have a listen…
      https://www.youtube.com/watch?v=uJBWbK1nnL0&feature=youtu.be

  105. Abolition Man says:

    Lt. Gen. Flynn needs to get back to the job he was doing before he bravely undertook to expose the whole rat’s nest in the DOJ and FBI; National Security Advisor beginning the investigation and audit of the IC for their corruption and criminal actions against the nation and it’s people! We now know that the IC doesn’t give a red cent for the “will of the people,” they only care about their own wealth and power. Everyone else bedamned! But remember, JFK was murdered by them just days after announcing his intention to “smash the CIA into a thousand pieces.” Hopefully we have enough white hats, and the black hats are too exposed now to use that paradigm again!
    Sidney the Awesome (who goes far to restore the good name of lawyers everywhere) should be ASKED what she would like to do! Judgeships or WH positions are nice but I think this lady has a bone to pick with the Pitbull of Evil, Weissrat! I’d love to see her go after that sociopath and others like him who use the wealth and power of the government to destroy lives and fortunes! How about a nonpartisan, citizens commission on bureaucratic malfeasance that looks deeply into all the DS players tearing our country apart with their leaks and hoaxes! I’d love to spend a few hours a day watching Lady Sidney tear apart these creeps, put the guilty in jail and tell the rest; “You’re fired!”

    • Bruce Chalmers says:

      That would be a dream commission come true! The Deep State has to be exposed and destroyed with folks going to prison. Our hard earned taxes are used against us by the Deep State, with a smile.

  106. Bogeyfree says:

    Questions for Ristvan:
    1) if this case gets dismissed with prejudice are there any legal grounds for Sidney and Flynn to file a lawsuit against Flynn’s original lawyers?
    2) If #1 is yes, can Sidney via discovery gets all of the lawyers emails, texts and phone calls?
    3) What next step legal action would you like to see Sidney take with Flynn assuming the case is dismissed with prejudice?

  107. Bogeyfree says:

    I’d really like to see Sidney take on one of the following cases as she continues to help smash the DS.
    1) Take on the Federal Whistleblower, Dennis Montgomery Hammer case, as it opens the door for not only the Hammer spying as Dennis admits but is opens the door to also go after all the FBI/Contractor Spying from 2009-2017 which we know is one of Sidney’s hot buttons.
    2) Get appointed Special Prosecutor by AG Barr to investigate Ukraine corruption, beginning Before the Ukraine Coup in 2014 to present.
    After either of these I’d like to see her become PT AG in Nov 2020 assuming Barr wants to go back to retirement. If Barr is willing to stay then I’d make her the new FBI Director and put Gen. Flynn back in as NSA Director.
    She would be good on SC but IMO we have other very good conservative judges for PT to pick from so cleaning up the DOJ, FBI and NSA Abuse is paramount for draining the swamp.

    • fangdog says:

      Sidney is a rare talent Which should be utilized for the good of America. Think of it as a rare talented quarterback on a football team. It would be a travesty to have this rare talented QB sitting on the bench during the most important game of the season.

    • Flight93Gal says:

      Bogeyfree,
      I agree with you on taking on the Dennis Montgomery case.
      And while the lovely Ms. Powell is at it…how about the William Campbell case, which is currently represented by Victoria T (of DiGenova & Teonsing).
      Both the NSA whistleblower (Montgomery) and Uranium One whistleblower (Campbell) need to be well represented for the truth to finally be revealed about NSA, State and Clinton Foundation.

  108. Bill Dumanch says:

    One name to rule them all-George.
    Liddy.
    (Oh, yes, you know him as G Gordon Liddy)
    HE showed how you talk to the Feds. You DON’T
    (He knew-as the youngest Station Chief EVER for the FBI- he saw the Deep State actors lined-up against President Nixon, before Reagan, last Pres who KNEW of those Killer Commies)
    He PROVED in COURT that John Anderson’s book Witness was LIBEL.
    And, a LIE
    (What joy he must have felt when the Venona Files came out.-Hiss WAS a Soviet Spy
    Nixon WAS correct!)

  109. thebigolddog says:

    these so called prosecutors are the ones who really deserve to be prosecuted and incarcerated. that much is clear.

    • billybob says:

      When Shakespeare famously wrote “ let’s kill all the lawyers “, he wasn’t referring to Sidney Powell and co , he was referring to the kings prosecutors ( private citizens were not allowed lawyers in the time ) . We have come full circle , James Otis speech against King George and his lawyers ( prosecutors ) is as vital and relevant today as it was in 1765 . The kings prosecutors are Herr Mueller and his dream team and all their brethren that reside in the swamp known as Washington DC . History repeats .

  110. StanH says:

    Much of the swamps bluster is just that and is proven on a daily basis by our great President Trump as he out maneuvers these rats with ease. The same holds true for Sydney Powell and her defense of General Flynn. It’s almost too easy, all it took was the willingness to fight back, win, lose or draw. Everything associated associated with the Beltway is corrupt, especially these august entrenched law firms. Their job it would seem is to seek conclusions that behoove the swamp so that the parasite — DC can continue to feed.
    Now. What will Judge Sullivan do? Long time swamp rat. You can bet he’s compromised in some way. He has family members working at Brooking’s, Cato et al. Maybe family members over at K-Street. Children or grandchildren over at Georgetown U, Harvard, Yale, Columbia being inculcated in all things swamp.
    If he rules against Sydney Powell and Gen. Flynn they’ve got him by the short hairs. If he rules for Powell/Flynn better to be embarrassed than to risk the complete downfall of all things swamp. Same holds true for AG Barr. I believe they know that this country is a tinder-box and they are holding the matches and gasoline. Thinking, free America is paying attention, something a swamp rat never likes.
    KAG! …by restoring “Equal justice under the law.” We’ll see.

    • IGiveUp says:

      I’ve always assumed that since Powell’s backing him into a corner, he’d prefer to stall until after IG report and maybe even an indictment. That way, he won’t have to go first and can more easily fly under the radar. Profiles in mush.

  111. John Ronning says:

    This brief is indeed a masterpiece, but I have an idea – let’s elect a good President who would put good people in charge of the DOJ so that the DOJ, instead of defending the indefensible, comes to court and says “Your honor, we did indeed do wrong and we agree with the defense that this guilty plea should be vacated, with no opposition from us.” Yes this is satire, but seriously – what’s the point of electing the right people if the wrong people are under them running things, still, years later. My recollection is that when democrats win they don’t have any trouble getting things to their way, right away.

    • gary says:

      you can elect all the good people you want to office. when our education system is doling out masterpieces like marie harf, and they get jobs in government positions,the good guy is a target.

  112. Louisiana Tea Rose says:

    A somber warning…..and definitive of the peril we now find ourselves in….from the esteemed VDH.
    Our President has never been in so much danger, and Our Republic hasn’t, either.
    https://amgreatness.com/2019/11/03/the-military-intelligence-complex

  113. steph_gray says:

    Took sundance’s excellent advice to read the entire filing and yes, it was indeed enjoyable!
    Two Sidney quotes especially struck me:
    “…playing cat and mouse with the Due Process Clause…” She is of course accusing Van Grack and the others of this, but Pelousy, the Sack of Schiff, and the rest are doing exactly the same thing as we speak!
    And this – remember it – this is also a strength Durham has on his side:
    “Having such concrete evidence as to the prosecution’s [in Durham’s case it will be the defense] thinking process is rare; having it in text messages and sworn congressional testimony is priceless.”
    Be of good cheer this week!

    • Michael Osmon says:

      My favorite part is the end where she says basically she knows she can have the case dismissed but she would rather wait and continue to compel the government to produce this hidden Brady material. Good for her, as the government will likely at this point try to drop charges to avoid their actions seeing the light of day

  114. jnearen2013 says:

    That is, in fact, a fascinating read. The fact that the DoJ is fighting so hard to continue this prosecution while stonewalling production (or even trying to locate and produce) exculpatory Brady material should alert and inform all of us that Barr is not at all engaged in draining the swamp or righting past wrongs. It does not support the hope that Strzok, Page, Comey, Brennan or others will ever be charged with anything. Just the opposite.

    • bertdilbert says:

      Barr would only be charged with obstruction by the left. Best he stay out of it and let the prosecutor drown on his own.

  115. islandpalmtrees says:

    The government prosecutors for the Mueller Team – Here are the charges, now prove yourself innocent. Oh, one little thing, we already know your innocent, but we wont tell you how we know.
    The government prosecutors, it’s okay to use information we know to be fabricated in place of the truth. At this point the government prosecutors have become criminals.
    It’s going to be interesting to see what the Judge does with the prosecutors.

  116. Dances with Wolverines says:

    Apathy has destroyed our great nation. We, The People have done this to ourselves. When less than 50% of eligible voters bother to show up on election day, we have forfeited our right to rule ourselves.

  117. Mike Robinson says:

    I fully expect the government to drop the charges in order to avoid having to publicly reveal or acknowledge what these materials contain. “Just promise to keep the lights turned off in the kitchen,” says Brother Rat …

  118. Will Hunt says:

    why do I get the feeling that Sydney is going to have to back Sullivan into the proverbial corner before he’ll dismiss this all to obvious and flagrant miscarriage of justice? After Sullivan’s Ted Stevens’ debacle one might think he’d be trying to write some wrongs.

  119. lydia00 says:

    I wish we could trust that Federal judges are people of character and integrity. But we can’t.

    • IGiveUp says:

      Sad, but that’s progress. Think of all the years you believed otherwise, while corrupt American officials raped the country. We nearly lost the country–maybe we have–by being naive about human nature. So maybe things are better now since we can see things for what they are. Sullivan’s in a tight spot because he knows how many understanding eyes are on him. So, if he wanted to be corrupt here, he may at least think twice.

  120. NYMinuteman says:

    Sullivan better step up to the plate and prove he is more than just hot air with his statements about process. If he falls back to the typical US Attorney’s bullshit “But he pleaded guilty!!!!” Whiny justification for railroading someone using the vast power of the government, then he is sending a chilling message to Americans: If the DOJ targets you, you have no rights to unconflicted counsel – in fact the government can purposefully create a fatal conflict that guarantees counsel will sell out their client to avoid malpractice, misconduct and disbarment by coercing them to sign a waiver with no knowledge of what they are waiving, or that they can not, under law, sign away their rights. Also, you have no rights to see exculpatory evidence before talking the plea – a mind-bending concept that you could be railroaded into pleading guilty for a murder you didn’t commit, even while the prosecution had the murder weapon, a signed confession, videotape, dna evidence and witnesses that someone else did it — because you hadn’t been charged yet, you and your counsel would never get to know any of that until after your plea, and if the government had its way – EVER.
    This is a morally repugnant case, and one the DOJ should drop and drop now. If the evidence Powell suggests exists comes out, it will utterly destroy the reputation and confidence in the DOJ and the US court system. Perhaps Sullivan should force its exposure regardless of the government’s actions. The people need to know what “their” justice department actually thinks about “justice for all.”

    • Dale Addink says:

      While I agree with your assessment I have a technical question.
      How can you plead guilty with out first being charged.
      I can see how you can agree to plead guilt IF charged. But once charged would not all Brady kick in between charge and the pleading no mater how brief the period of time?

    • billybob says:

      The Nazi courts of Hitler had a conviction rate of around 90% . The conviction rate in US Federal Courts is around 98% . Every picture tells a story .

  121. Trent Telenko says:

    Gen. Flynn’s lawyer is challenging the Judge Sullivan to live up to his oath of office and his responsibility to the Federal judiciary to protect it’s institutional perogitives.
    He can either be a hack and shown to be one on appeal or he can be a judge.
    This is identity crisis time for Judge Sullivan, make no mistake.

  122. SHV says:

    Reading through the thread, my memory was jogged about Eric Holder and Covington law firm; a totally dirty association. IIRC, Holder’s time at Covington where he was paid $2 mil/year (?), was dedicated to getting Chiquita Corp. (former United Fruit) off the hook for terrorism. Holder used his connections at DOJ to get a sweet heart deal for Chiquita after they were shown to have paid death squads $1.7 million, provided automatic weapons and ammunition to “solve” a labor dispute. More than 4000 people were killed in Northern Colombia.
    https://www.huffpost.com/entry/lawyer-for-chiquita-in-co_b_141919

  123. Dale Addink says:

    Was a motive for the prosecution (i.e. Get Trump or other) ever mentioned in any the briefs?
    I can ‘t remember any, and I believe it is tactically wise not to try give one.

    • bessie2003 says:

      I believe in one of the previous filings that mention had been made of the quote “first we f Flynn then we f Trump” – which may have set the stage for any future approach for painting the larger picture behind the whole collusion plan.

  124. Richie says:

    I would expect nothing less from the diGenovas .

  125. Tl Howard says:

    When might we expect Sullivan’s decision? Anyone?

  126. clulessgrandpa says:

    When is Sullivan supposed to rule on these arguments?

  127. 6x47 says:

    I knew, when Flynn hired Sidney Powell, that the s**t was about to hit the proverbial fan.
    I have not been disappointed by the excrement storm she is raining down upon the corrupt prosecutors.

  128. Brian Blocher says:

    This whole sham is bordering on the ridiculous. Is it absolutely obvious to everyone on both sides that the government and media illicitly collaborated to stop a Trump Presidency. Makes the Monty Python “Dead Parrot” skit seem rational by comparison.

  129. Jonah Kyle says:

    And don’t forget: The Roger Stone circus is about to commence in DC.

  130. Spatch says:

    I love the way Sidney Powell gives Judge Sullivan the opportunity to serve justice or become part of the problem. Talk about brilliance?

  131. Spatch says:

    I love the way Sidney Powell gives Judge Sullivan the opportunity to serve justice or become part of the problem. Talk about brilliance?

  132. DWL says:

    What kind of government will we have sir?
    A Republic…..if you can keep it…….

  133. Kyle Harrington says:

    Awesome work Sidney. Hang in there to Dismissal of charges. . They will of course attack you viciously. Should also sue for financial recompense for entire family. Such criminals in Gov now.

  134. Tl Howard says:

    Those of you in DC/Northern Va can you tell us if you sense anticipation or anxiety, any emotion, among the denizens of the swamp? (That would include media folks).

    • Tl Howard says:

      I have should have added, “regarding the Flynn-Sullivan decision and the Burr-Durham investigation.” What are folks whispering?

  135. Powell is in essence representing the public’s right to know in concert with her formal representation of Flynn. Good for us and hopefully good for Flynn as well. The Sullivan courtroom is worth a hundred Congressional inquiries.
    To many Americans, Flynn will put a sympathetic face on this whole travesty. Alas TDS keeps too many from seeing POTUS as a victim. I would not want my name anywhere near the rather ugly metaphor of a kill-shot intended for a decorated war veteran.
    What a viper’s den. You hire the top-drawer Covington firm, practically bankrupt yourself ding so and they end up botching the FARA and talking you into a plea to cover their own error.

    • bofh says:

      and they end up botching the FARA and talking you into a plea to cover their own error.
      That implies that you think the FARA problem was an accidental error by Covington, with a subsequent CYA action. I’m not so sure that it wasn’t planned when they found that Flynn had literally fallen into their lap.

  136. skipper1961 says:

    When RBG “retires” (like she hasn’t done that mentally, already?), I nominate Sydney Powell as JUSTICE POWELL!!!! What better defender of our Blessed Constitution?
    skipper

  137. jus wundrin says:

    I may have missed it, but when is the judge supposed to respond to this ‘sur’?

  138. Howard Owen says:

    I see a future Supreme Court nominee…

  139. islandpalmtrees says:

    The question that should have been asked.
    How many other cases, not reported to date, have been prosecuted in the same way, by the same DOJ Lawyers?
    I am sure, we all realize how entitled these prosecutors were/are acting. The same kind of arrogant behavior you find in a criminal who has committed the same crime and gotten away with it.
    Are we looking at an institutional crime? We have gotten away with it for so long, that everyone has or is doing it.

    • Joemama says:

      If the conviction rate is 98%, as someone posted above, it is highly likely that illegal entrapment by DOJ prosecutors is standard practice.

  140. Curt says:

    Thank you for posting this incredibly interesting and informative Sur-Surreply from Sidney Powell. I worked in the courts for a number of years and have read numerous filed motions and documents. This one is incredibly succinct, easy to read and sheds light on issues the layman can understand. As you say, ‘a fun read’. How interesting, that Sidney Powell and Judge Sullivan should be in the same courtroom once again on similar issues they have previously litigated hears earlier. That being the famous Sen. Ted Stevens railroading by government prosecutors. Its fascinating how this Sur-Surreply reads exactly like the facts pointed out in “Licensed to Lie”. The outrageous actions of federal prosecutors in that case used to falsely and maliciously prosecute a sitting senator for political purposes. As in this case, it was disgusting. Judge Emmet Sullivan recognized the government misconduct (criminal in my opinion) and overturned the conviction referring the prosecuting attorneys for review by the ethics committee and disciplinary action taken. As I recall one of the prosecuting attorneys committed suicide. The rest are despicable charlatans in the mold of Andrew Weismann. We are now engaged in a fight for the very soul of this republic. It’s amazing just how many well meaning people don’t realize this truth. Thank you for this post. God bless Sidney Powell.

  141. Jerry Joe says:

    By Page 15 of Sidney’s brief, I couldn’t get the Rollings Stones out of my head. Her brief is TOO WELL WRITTEN.
    I’m afraid Judge Sullivan must hang his hat on the conflicted defense counsel to avoid that rabbit hole, as Sidney implicates, of a prosecutor leveraging defense counsel against its client. Even the ultimate puppetmaster, we so desperately want identified and executed, understands there is no pay grade barring this exit strategy.
    Perhaps Judge Sullivan escapes without full Brady disclosures, Liu and Van Strock are left to be further gored by Sidney’s Texas star, Lt. Gen. Flynn walks away somewhat exonerated but insulated and we can’t get any satisfaction that something will ever get done…

  142. Conservative Tea says:

    https://www.scribd.com/document/433411005/Flynn-Reply-Docket-Entry-135
    Offhand I’d say that Flynn has a huge malpractice action against his original lawyers, criminal contempt and severe misconduct against Govt. prosecutors up to and including disbarment and a solid malicious prosecution and criminal fraud case against the FBI, DOJ and McCabe, Strozk, Page and the prosecutors as they clearly manufactured evidence.

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