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

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

Flynn’s attorney Sidney Powell will now be allowed to file a sur-surreply to the position of the DOJ prosecutors.
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Lee Smith has a new book about “The Plot Against The President” that is selling like hot-cakes.  Today he appeared with Maria Bartiromo to discuss how the ongoing impeachment effort is actually just another step on the removal continuum.

HPSCI Ranking Member Devin Nunes sits down for a lengthy interview with Jan Jekielek to discuss Spygate and the House investigation of the 2016 election known as “Objective Medusa”, the committee investigation that yielded the Nunes memo.

Former Assistant U.S. Attorney Andrew McCarthy weighs in on the latest developments within the Michael Flynn case.   As McCarthy points out, if Judge Sullivan doesn’t accept the defense position of gross misconduct by the prosecution; and if Sullivan does not dismiss the case; Flynn could end up on a worse position than the prior plea agreement.
Additionally McCarthy discusses the potential risks present for John Brennan, James Clapper and James Comey; and then goes in to his perspective on the impeachment inquiry.

Representative John Ratcliffe is one of only four House members who have reviewed every known classified document surrounding the 2016 political surveillance, Spygate and the use of the FISA court; including John Brennan’s two-page ‘electronic communication’ that started the FBI investigation.  So when John Ratcliffe is discussing what potential criminal activity John Durham is investigating and he says “FISA act and court“, that specific use of wording is subtle like a brick through a window to those who follow closely.
Everyone is aware that IG Michael Horowitz is looking at the Carter Page FISA application and potential misrepresentations to the FISC; that’s the “FISA court” part.  However, no-one has even hinted that anyone in government might be looking at the FBI abuse of the NSA database; and/or the outlined surveillance violations by Judge Rosemary Collyer; which would fall under the “FISA act” part.   Interesting word choices.  WATCH:

In a lengthy court filing surrounding the issues of Brady discovery material, Mike Flynn’s lawyer, Sidney Powell, drops some serious evidentiary bombshells on the court.  Ms. Powell brings Lady Justice to the courtroom, and her revelations are stunning. [Full pdf’s below]

We’re going to go through the primary filing and four exhibits to the evidence Attorney Sidney Powell is delivering to Judge Emmet Sullivan which contain some explosive discoveries.  Toplines including:
(1) Lisa Page edited the Flynn 302’s, then forgot when questioned by DOJ officials, then re-remembered when shown her texts. (2) The 302’s themselves were written with lies that do not match notes taken during the interview. (3) The felony leaker of the Flynn-Kislyak phone call is named (James Baker). (4) New texts from Page and Strzok that highlight the entrapment plan. (5) ODNI James Clapper telling WaPo reporter Ignatius to “take the kill shot on Flynn“. (6) The purposeful use of Judge Contreras to take the December 1st 2017 plea agreement; and much, much more.

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This would appear to be one of the few positive indicators that AG Bill Barr and U.S. Attorney John Durham are indeed doing more than bondo.  The New York Times is reporting the Durham “review” has now officially moved into a full “criminal investigation”.  [All emphasis mine]

WASHINGTON — For more than two years, President Trump has repeatedly attacked the Russia investigation, portraying it as a hoax and illegal even months after the special counsel closed it. Now, Mr. Trump’s own Justice Department has opened a criminal investigation into how it all began.

Justice Department officials have shifted an administrative review of the Russia investigation closely overseen by Attorney General William P. Barr to a criminal inquiry, according to two people familiar with the matter. The move gives the prosecutor running it, John H. Durham, the power to subpoena for witness testimony and documents, to impanel a grand jury and to file criminal charges.

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A letter from DOJ Inspector General Michael Horowitz provides both good news and bad news.   The goods news is Horowitz letter says likely no need for a “classified version” which means AG Bill Barr likely declassifying a lot of it.
However, the bad news is on page #2 where Horowitz says the final draft assembly is still ongoing, and the “review phase” has not yet begun.  Which means the report is not likely to be made public before Thanksgiving.
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U.S. Senator Chuck Grassley sent a forboding tweet a few days ago outlining the possibility of the FISA investigation would result in a “deep six” cover-up.

Grassley has a unique perspective on a very specific element to the construct of the FISA application, and the political use therein, that most have forgotten.  Back in 2018 when Chairman of the Senate Judiciary Committee, Grassley was hot on the trail of a very specific individual that has had almost no attention since. The election clock ran out on Grassley; the mid-terms took place; and Grassley was never able to get to his target.
The background to this tweet needs a little context {GO DEEP} and surrounds two individuals who have NOT been identified as being questioned by either IG Michael Horowitz or U.S. Attorney John Durham.
Those two individuals are: Daniel Jones, former lead staffer for former SSCI Vice-Chair Dianne Feinstein; and a lawyer for Christopher Steele named Adam Waldman.
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After the DOJ/FBI advanced their defensive efforts last weekend via the New York Times and NBC, now the CIA/ODNI faction step forth with the same intents and purposes.
CIA defending journalist Natasha Bertrand has been participating in the multi-year PR effort which helped frame the CIA/ODNI talking points against President Trump, and she is deployed again in the latest effort within Politico.   The timing here is predictable.

(Via Politico) President Donald Trump’s obsession with former CIA director John Brennan could be on a collision course with an ongoing Justice Department probe as Attorney General Bill Barr takes a more hands-on approach to examining the intelligence community’s actions in 2016.
[…] Durham’s report is likely to land well after the results of an inquiry by the Justice Department’s Inspector General, who is examining the FBI’s applications to a secret court in 2016 and 2017 to obtain surveillance warrants on a Trump campaign aide.

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