Lawyers representing Michael Flynn presented a strong argument today (pdf below) in reply to the governments’ continued efforts to refute prosecutorial wrongdoing.
Within the reply motion Sidney Powell highlights the conduct of prosecutor Brandon Van Grack and hypocrisy within the government arguments: “Mr. Van Grack’s contention that he satisfied the government’s obligations by providing this information before Mr. Flynn’s sentencing now proves the point that he suppressed it when it was most important to Mr. Flynn: before his guilty plea on December 1, 2017, and before what was scheduled to be his sentencing on December 18, 2018.”

Prosecutor Van Grack suppressed evidence to protect… “the prosecutors, his team, and the cadre of malfeasant FBI agents from the discovery of their negligence, crimes, and wrongs.”

The tone of the reply motion reads like the Flynn defense is chomping at the bit to take this case to trial. Perhaps that is a strategy to add weight to their dismissal argument; or perhaps that is a reflection of defense confidence they can highlight all of the abuses at trial.
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The White House has released an outline of multiple persons who are receiving executive grants of clemency from President Trump.

PARDONS: President Donald J. Trump signed Executive Grants of Clemency granting Full Pardons to the following individuals: Edward DeBartolo, Jr., Michael Milken, Ariel Friedler, Bernard Kerik, Paul Pogue, David Safavian, and Angela Stanton.
COMMUTATIONS: In addition, President Trump signed Executive Grants of Clemency granting commutations to Rod Blagojevich, Tynice Nichole Hall, Crystal Munoz, and Judith Negron.

♦ Edward DeBartolo, Jr., is a successful businessman, real estate developer, and member of the Pro Football Hall of Fame. During the 23 years that he owned the San Francisco 49ers, the team won an unprecedented 13 division titles and 5 Super Bowl Championships. In 1998, he was convicted for failing to report a felony regarding payment demanded for a riverboat casino license, and he was sentenced to 2 years’ probation. Mr. DeBartolo did not allow his conviction to define his life. He remained a generous philanthropist and passionate supporter of numerous charitable causes, including charter schools like the Brooks DeBartolo Collegiate High School, and anti-gang violence initiatives.
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When the FISA Court responded to the DOJ Inspector General report in December and January 2020 they requested an action plan from the DOJ and FBI to respond to the issues raised about misrepresentations to the court.
The DOJ/FBI replied to the FISA Court admitting the last two FISA renewals (April, June ’17) used against Carter Page were insufficiency predicated while withholding opinion on the original application (Oct ’16) and first renewal (Jan ’17).
To address the consequences of fraudulently obtained FISA warrants the DOJ and FBI informed the court they would begin a process to “sequester” all collected evidence from all four FISA warrants. [FISA COURT LINK]
Sequestering the evidence is essentially a search for what investigative material the FISA warrants were used to obtain; ie. the search for the fruit of the poisoned tree; and then a review of all DOJ/FBI cases that may have utilized that investigative material.
In late January the DOJ contacted the FISA court and asked for an extension to the deadline.  The FISA court granted an extension until February 5th [LINK]  The response from the DOJ has not yet been declassified or released by the FISC for public review.
However, with recent media reporting of AG Barr using “outside prosecutors” to review current, former and ongoing cases, it simply makes sense this ‘outsider’ effort is part of the DOJ/FBI sequestration review.
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Senate Judiciary Chairman Lindsey Graham has submitted a list of people he wishes to call as FISA-gate witnesses to Attorney General Bill Barr.  Tonight Sean Hannity invites Senator Graham to his Fox television show to listen to Hannity talk about it.

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Lou Dobbs doesn’t suffer fools easily; he prefers to cut through the filibuster and get to the heart of the matter.  That approach is one reason his show is highly successful.
Within a similar outlook… Where we are now is the direct result of bad decisions where we came from. Going forward on the same corrupt path only takes us further in the wrong direction. This natural truism is the current dilemma for AG Bill Barr.
During his show tonight Lou Dobbs takes the audience back to a very specific decision by the DOJ; a fork-in-the-road decision that put the department on path traveling further and further away from justice. The specific moment outlined was the DOJ decision to bury the intelligence leak by SSCI Security Director James Wolfe.

[BACKSTORY HERE]

However, amid all the chaff and countermeasures there is good news. When you realize that continuing forward on a path initiated by corrupt decisions only takes you further and further from the truth; you realize there are signs showing the DOJ is indeed reversing course back to the moment when the wrong path was selected.
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The media PR firm for the FBI and DOJ objectives is the New York Times.  The media PR firm for the State Department is CNN.  The media PR firm for the CIA is The Washington Post.  This pattern has existed for several years.
The Washington Post is very concerned about a growing possibility the investigation into the origin of intelligence community work may expose the fraudulent nature of the entire ‘Russian Election Interference Collusion-Conspiracy‘ narrative.  Very concerned.

The WaPo/CIA express concern by stating that President Trump is attempting to “rewrite history”; disingenuously skipping the part where Trump isn’t attempting anything.  For more than three years President Trump has simply pointed out the obvious. It is is the media and the intelligence apparatus that set up a fictitious narrative for political needs.

WASHINGTON POST – […] As his reelection campaign intensifies, Trump is using the powers of his office to manipulate the facts and settle the score. Advisers say the president is determined to protect his associates ensnared in the expansive Russia investigation, punish the prosecutors and investigators he believes betrayed him, and convince the public that the probe was exactly as he sees it: an illegal witch hunt.

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Representative Matt Gaetz appeared with Maria Bartiromo to discuss the ongoing issues within the DOJ and FBI.  Additionally, Gaetz outlines some questions he would consider for the Attorney General during his upcoming testimony to congress March 31st.

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Foolishness and betrayal of our country have served to reveal dangers within our present condition. Misplaced corrective action, regardless of intent, is neither safe nor wise. The intelligence apparatus was weaponized against our candidate by those who controlled the levers of government. This is what AG Bill Barr needs to explain to the nation.

The position of Bill Barr today is a direct result of decisions made by the DOJ in the Fall of 2017 & Summer of 2018. The events surrounding the leaking of the FISA warrant used against U.S. person Carter Page, and the 2018 DOJ decision not to prosecute SSCI Security Director James Wolfe for those leaks, was the fork in the road moment for the DOJ.
Attorney General Jeff Session was recused, Deputy AG Rod Rosenstein was in charge and the Mueller investigation was ongoing. That was when the DOJ made a decision not to prosecute Wolfe for leaking classified information. DC U.S. Attorney Jessie Liu signed-off on a plea deal where Wolfe plead guilty to only a single count of lying to the FBI.
If the DOJ had pursued the case against Wolfe for leaking the FISA application, everything would have been different.  The American electorate would have seen evidence of what was taking place in the background effort to remove President Trump. We would be in an entirely different place today if that prosecution or trial had taken place.
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Former congressman Trey Gowdy appears with Maria Bartiromo to discuss the issues surrounding the non-indictment of Andrew McCabe for lying to DOJ-OIG investigators about his leaks to the media.
Gowdy breaks out the narrow issue surrounding the internal McCabe investigation as compared to potential criminal conduct that may exist outside that narrow window.

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Additionally, Gowdy notes John Durham is looking at specific issues related to former CIA Director John Brennan and activity within the intelligence community that took place prior to the official opening of Crossfire Hurricane on July 31st, 2016.
Included in that Durham review are documents that show CIA activity….
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For the past week CTH has been outlining some lengthy research, highlighting key issues to help understand the background of what is evident.  If you’ve followed along, in this outline the individual pieces will all come together.  Bill Barr has a very big problem…
Andrew McCabe cannot be prosecuted in 2020 for the same reason James Wolfe could not be prosecuted in 2018. When we understand why we realize the problem that Michael Flynn now represents to U.S. Attorney Bill Barr.

United States Attorney General Bill Barr was not around in 2017 or 2018 when the DOJ was faced with the issues resulting from an investigation of intelligence leaks and Senate Select Committee on Intelligence (SSCI) Security Director James Wolfe.
When the prosecution of SSCI Director James Wolfe was being considered, AG Jeff Sessions was recused; the Robert Mueller probe was ongoing; and as a consequence Deputy AG Rod Rosenstein and U.S. Attorney for DC Jessie Liu were decision-makers.
I’m not going to repeat all the issues, you can re-read them HERE; however, the baseline is that Wolfe could not be prosecuted without running the risk of collapsing key institutions of the U.S. government. The consequences of a Wolfe prosecution were beyond the capacity of Rod Rosenstein, or the DOJ to handle.  There would have been massive constitutional crises created and the literal definition of ‘sedition‘ was at the center of it.
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