Will General Michael Flynn be exonerated?

[RayThom]

No. ________ United States Court of Appeals For the District of Columbia Circuit IN RE: MICHAEL T. FLYNN,Petitioner On Petition for a Writ of Mandamus to the United States District Court for the District of Columbia Case No. 1:17-cr-232 EMERGENCY PETITION FOR A WRIT OF MANDAMUS

OK, what is this nonsense all about?

[Scooter]

Targeting Susan Rice, Republican gambit completely backfires

Senate Homeland Security Committee Chairman Ron Johnson (R-Wis.) apparently thought he'd come up with a good idea. A few days ago, the Wisconsin Republican formally requested that the Trump administration fully declassify an email former White House National Security Advisor Susan Rice sent to herself in January 2017 regarding her incoming successor, former foreign agent Michael Flynn.

As Johnson noted, that email, portions of which were made available to the public in 2018, referenced details of an Oval Office meeting from Jan. 5, 2017, in which then-President Barack Obama and his team discussed, among other things, Flynn and his misconduct. The powerful Senate committee chairman said in his written request that it is "essential that Congress and the American people understand what occurred" in that meeting.

For her part, Rice enthusiastically endorsed Johnson's request -- and it's become painfully obvious why. As Politico reported late yesterday:

[The full text of the email] says that then-FBI Director James Comey worried about sharing classified information with the Trump team because of incoming national security adviser Michael Flynn's frequent conversations with the Russian ambassador but that Comey had no knowledge of Flynn sharing classified information with the envoy.

Rice's email, sent in the interest of memorializing her concerns in an official record, said Obama wanted to be sure "every aspect of this issue is handled by the Intelligence and law enforcement communities 'by the book.'" The email, written shortly before Trump's inauguration added, "[Obama] stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective. He reiterated that our law enforcement team needs to proceed as it normally would by the book."

The newly declassified portion discloses that Comey, the then-FBI director, confirmed that federal law enforcement was proceeding "by the book," though he had concerns about Flynn's frequent and problematic communications with the country that had just attacked the U.S. elections.

Remember, the point of this week's disclosures, from the perspective of Ron Johnson and other Republicans, was to make Susan Rice and the Obama administration look bad. Except the gambit has now backfired: the Rice email GOP partisans were so eager to disclose shows an Obama team doing everything right, while also casting Flynn -- the disgraced former general whose reputation Republicans are trying to rescue -- in a deeply unflattering light.

Or put another way, Republicans have found a smoking gun, but they failed to realize it was pointed in the wrong direction.

Indeed, the gambit that was intended to put Rice on the defense has actually left her on the offensive. From the Politico article:

Rice also called for the Trump administration to release the transcripts of phone calls between Flynn and the Russian ambassador during the transition. "The American people deserve the full transcripts so they can judge for themselves Michael Flynn's conduct," the statement read.

Exactly. Ron Johnson, Ric Grenell, and Republicans are interested in Flynn-related disclosures? That's a great idea. Flynn had private communications with the country that attacked U.S. elections -- communications he later lied to the FBI about -- reportedly as part of an effort to undermine his own country's foreign policy at the time. There are apparently transcripts of those chats.

If Rice's letter has been declassified, shouldn't Flynn's conversations be treated the same way? The fact that it hasn't may have something to do with the Trump administration and its allies hoping to ignore a real scandal while trying to manufacture a fake one.

[Darren]

The DC Circuit Court of Appeals orders Judge Sullivan to respond.

"A federal appeals court ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request by Flynn’s lawyers to dismiss the case."

https://www.cnbc.com/2020/05/21/appeals ... -case.html

[RayThom]

A federal appeals court ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request..."

I feel Judge Sullivan's response to this will address the matter saying he is still waiting from all the third parties who have yet to submit arguments in the case.

Nothing more than a display of righteous indignation from hack defense lawyers.

Judge Ray has spoken.

[Darren]

A federal appeals court ordered the judge handling the criminal case of President Donald Trump’s former national security advisor, Michael Flynn, to respond to a request..."

I feel Judge Sullivan's response to this will address the matter saying he is still waiting from all the third parties who have yet to submit arguments in the case.

Nothing more than a display of righteous indignation from hack defense lawyers.

Judge Ray has spoken.

If you compare the response due by date from the circuit court and the date Judge Sullivan set for the show hearing, the judge's horse is DOA in the starting gate.

[Scooter]

And if his response is that if he doesn't have time to hear evidence, then he can't approve the dismissal, then what?

[Darren]

The order from a superior court most likely made it his top priority. The court gave him ten days to respond.

[Big RR]

And he can easily respond as Scooter suggested; as the trial court he has the duty to consider the evidence before he renders a decision--they cannot force anything otherwise.

[Darren]

And he can easily respond as Scooter suggested; as the trial court he has the duty to consider the evidence before he renders a decision--they cannot force anything otherwise.

The DOJ already dropped the case. Why Judge Sullivan hasn't dismissed it is what the court wants to know. At this point he's going against SCOTUS rulings.

[RayThom]

...
The DOJ already dropped the case. Why Judge Sullivan hasn't dismissed it is what the court wants to know. At this point he's going against SCOTUS rulings.

We'll see.

[ex-khobar Andy]

Let's review. There a (not very) helpful piece by the NYT's Bret Stephens here.

Flynn pled guilty to lying to the FBI in order to avoid more serious charges about accepting Russian and Turkish dosh as an unregistered foreign agent. $575,000 by Stephen's' accounting which I will not challenge.

He was fired for lying to Pence. I'd probably lie to Pence if he ever asked me a question but then I don't draw a salary from the feds.

He now wants to withdraw his guilty plea on the grounds that it wasn't very important. Fine. Then we reserve the right to proceed with the undocumented foreign agent thing and he can be BFF with Manafort.

[Darren]

" (CNN)US District Court Judge Emmet Sullivan, who is overseeing former national security adviser Michael Flynn's criminal lying case, has retained a Washington, DC, law firm run by well-known trial lawyer Beth Wilkinson to help him respond to the appeals court about the Flynn case, according to a person familiar with the arrangement.

It'll be a high profile legal assist in what's become one of the most unusual and polarizing criminal matters in DC federal court in years."

[RayThom]

At one time, Flynn was prepared to be punished, but he agreed to further cooperate with the special counsel’s Russia investigation in an effort to secure a non-jail sentence. During Flynn’s first scheduled sentencing, Sullivan raised the prospect that Flynn might go to prison for lying to federal agents..."

Flynn Judge Emmet Sullivan Hires Veteran Trial Lawyer Beth Wilkinson
https://www.LAW.COM/nationallawjournal/ ... wilkinson/

[Darren]

" (CNN)Attorney General William Barr has tasked a US attorney with reviewing instances of "unmasking" done around the 2016 election, adding the weight of a senior federal prosecutor behind an issue that President Donald Trump has seized on in recent weeks to underpin unfounded allegations about his predecessor.
John Bash, the US attorney in San Antonio, will be handling the review in support of the ongoing criminal investigation being led by John Durham, a Connecticut prosecutor, according to a Justice Department spokeswoman. "

[dales]

Somebody really should just shoot this pointless diversion thread in the head...

As the Late Lord Jim opined, yes they should with a .50 Barret.

[Darren]

Somebody really should just shoot this pointless diversion thread in the head...

As the Late Lord Jim opined, yes they should with a .50 Barret.

We're going down the path whether you like it or not. It's remarkable how many US attorneys outside of DC are working on it. If that isn't a heads up ...

[RayThom]

,,, It's remarkable how many US attorneys outside of DC are working on it. If that isn't a heads up...

Many attorneys, Darren?

Don't leave me hanging again, like you always do. Just how many attorneys fit your agenda?

[ex-khobar Andy]

So they have released the (heavily redacted) transcripts of Flynn's conversations with the Russian Ambassador prior to Trump's election.

The new DNI declassified these documents and they were released by two R senators in an apparent effort to bolster the case that Flynn had been unfairly treated. In my view it bolsters the case against Flynn. Clearly the discussions were about much more than establishing friendly relations and sorting out some logistics: phone numbers etc.

Flynn lied to the FBI. He was fired for lying to Pence. (I'd probably lie to Pence given the chance but that's beside the point.) He agreed to cooperate on the Russian conversations thing (Logan Act violation) and the feds agreed to drop the 'unregistered foreign agent' stuff about Turkey. Fair enough General: but if you now drop your plea, we reserve the right to charge you on Turkey and you can bunk up with Manafort. I assume that when the CoV stuff disappears he goes back to prison.

LOCK HIM UP! LOCK HIM UP! LOCK HIM UP! LOCK HIM UP!

[Darren]

The alphabet news agencies are reporting that Fox news got the top FBI lawyer fired. I hope Wray finishes the report on the FBI failure that was associated with the Parkland shooting before he retires too. I wonder how Baker is doing these days. Any truth in the rumor he took the deal?

"After a 38-year career with the Justice Department, the FBI's top lawyer Dana Boente was asked to resign on Friday. Two sources familiar with the decision to dismiss Boente said it came from high levels of the Justice Department rather than directly from FBI Director Christopher Wray.

His departure comes on the heels of recent criticism by Fox News for his role in the investigation of former Trump National Security Advisor Michael Flynn."

https://www.nbcnews.com/politics/justic ... s-n1219721

[RayThom]

The alphabet news agencies are reporting that Fox news got the top FBI lawyer fired. I hope Wray finishes the report on the FBI failure that was associated with the Parkland shooting before he retires too. I wonder how Baker is doing these days. Any truth in the rumor he took the deal? "After a 38-year career with the Justice Department, the FBI's top lawyer Dana Boente was asked to resign on Friday. Two sources familiar with the decision to dismiss Boente said it came from high levels of the Justice Department rather than directly from FBI Director Christopher Wray. His departure comes on the heels of recent criticism by Fox News for his role in the investigation of former Trump National Security Advisor Michael Flynn."
https://www.nbcnew.com/politics/justice ... s-n1219721

Darren, what do you think will happen now?