Not Even Bill Barr Is Falling For Mike Flynn Lawyer's Bullsh*t
Michael Flynn's batshit new lawyer Sidney Powell has outdone herself this time! Permit Patty, Esquire, demanded to SPEAK TO THE MANAGER in a secret letter to Attorney General Bill Barr and Deputy AG Jeffrey "The New Rod" Rosen on June 6. Before she had even entered an appearance on the case, and without the knowledge of his then-counsel, Powell ran to tattle in Bill Barr's ear, saying, "They are not aware of this communication, which I will treat with the utmost confidentiality." She also purported to bind Barr and Rosen to secrecy, marking each page, "Confidential to AG/DAG," to keep it from the prying eyes of prosecutor Brandon Van Grack, whom she knows is IN ON IT because of his work with Robert Mueller. It's double-super-secret-ex-parte communication!
Sadly, Messrs. Barr and Rosen failed to heed her admonition to keep her Confidential manifesto on the DL. And instead of firing all the prosecutors and moving to "dismiss the prosecution of General Flynn in the interest of justice -- whether it be we ink a joint motion or sua sponte by the Department," they included it in the recent Flynn sentencing filing. They decided sua sponte -- that's lawtalk for "of their own accord" -- to cut the legs out from under Powell's motion to hold the government in contempt. It's a classic case of WOMP vs. WOMP.
Won't Judge Sullivan be delighted to read all the smack Powell talked about him for refusing to LOCK HER UP the FBI for letting poor, innocent Michael Flynn tell them lies about his conversation with the Russian ambassador! The nine pages of warmed over conspiracy horseshit about the Deep State plot to get Flynn for loving his country too much is also ... something else! Michael Flynn was "the tip of the spear aimed at President Trump," and was thus "targeted and taken out for concocted and political purposes."
And Sidney Powell can prove it! If Mr. Barr will simply ignore the fact that Flynn already pleaded guilty and forfeited his right to ask for any more exculpatory Brady materials, grant her a security clearance, and turn over every piece of paper and cell phone ever touched by anyone associated with the Mueller investigation, Powell will conclusively prove that:
The FBI interview was worse than "entrapment." He was led to believe he was having a casual conversation with friends about a training exercise from a day or two before, when in truth it was a set-up -- tantamount to a "frame" -- manipulated by Yates, Comey, Strzok, McCabe and others to take General Flynn out of the administration. SCO then used it to pressure him to try to take out President Trump.
Not that Bill Barr doesn't love a good Fox News conspiracy theory, but even he has his limits. And so the DOJ failed to join Powell's efforts to "use this case to restore integrity and trust in the Department and reinstate clear application of the Rule of Law." You hate to see it!
Far from dropping the charges against Flynn and offering him a medal of commendation and a lifetime supply of free margaritas at Hooters by way of apology, the government filed a Fuck Off Motion in response to Powell's latest demand for MOAR DOCUMENTS to exonerate her client. Because not only have they already given Flynn all the Brady materials, but also Flynn gave up any right to them when he plead guilty in open court.
And when the Court asked if the defendant had "any concerns that you entered your guilty plea before you or your attorneys were able to review information that could have been helpful to your defense," the defendant responded, "No, Your Honor." The defendant also declined the Court's invitation to speak with his attorneys in a private room about the Court's questions or to have the Court appoint "an independent attorney to speak with [the] defendant, review the defendant's file, and conduct necessary research to render a second opinion for [the defendant]." [Internal citations omitted.]
The prosecutors also included this helpful email from Senate Judiciary staffer Barbara Ledeen -- made famous in the Mueller Report for her efforts with Michael Flynn and Paul Smith to go find Hillary Clinton's emails -- attempting to coordinate Flynn's defense strategy in December with Devin Nunes's Fox News media strategy.
Just to unpack that, Flynn's prior lawyers, who were not insane, forwarded this email from Ledeen to prosecutors Brandon Van Grack and Zainab Ahmad. In it, a Senate Judiciary staffer with longstanding ties to Flynn advised Flynn's lawyer to demand transcripts of closed-door House Intel Committee testimony and promised that Devin Nunes would bring it up on the president's propaganda channel that evening. Derek Harvey is a GOP staffer on HPSCI -- meaning that he has access to those transcripts -- and is leaking to Flynn's counsel in an effort to keep Flynn flogging those insane conspiracy theories. And apparently not for the first time.
The DOJ strongly implies that it intends to ask Judge Sullivan to LOCK HER UP Mike Flynn whenever they get around to sentencing, since he's refused to take responsibility and backed out of helping them on the FARA case against his partner Bijan Rafiekian.
The defendant's sweeping Brady demand mischaracterizes what constitutes favorable and material information in the context of the false statements charge to which the defendant has pleaded guilty, and the aggravating conduct on which the government intends to rely at sentencing. As described in the Statement of Offense, this case is about multiple false statements that the defendant made to multiple Department of Justice entities.
So, all in all, seems like Flynn made an excellent decision to ditch his old lawyers and hire Sidney Powell. Teevee lawyers are the best!
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Liz Dye lives in Baltimore with her wonderful husband and a houseful of teenagers. When she isn't being mad about a thing on the internet, she's hiding in plain sight in the carpool line. She's the one wearing yoga pants glaring at her phone.