NOTE TO READER
My last piece on General Flynn (see) was principally about the underlying reason for his sudden, shocking, unexpected return to campaign politics stumping for pro-Trump candidates for Congress, and showing his continued, strong loyal support for President Trump. This piece goes more deeply than anyone has gone, and breaks new ground, on the subject of Flynn's innocence of lying to the FBI.
JANUARY 22, 2017
U.S. Eyes Michael Flynn’s Links to Russia - WSJ
Counterintelligence agents have investigated communications by President Trump’s national security adviser, including phone calls to Russian ambassador in late December
JANUARY 23, 2017
The Wall Street Journal and Washington Post articles cited above are key to understanding Michael Flynn's coming exoneration; and the public humiliation and possible downfall of corrupt, crooked, Never Trumper Robert Mueller for withholding evidence of his innocence from Flynn and violating his due process rights.
General Flynn leaving court after pleading guilty.
On December 1, 2017 Michael Flynn pled guilty before Judge Rudy Contraeus to one count of willfully and knowingly making false statements to the FBI - a crime punishable by up to five years in prison. Indeed, Flynn admitted lying about the perfectly legal phone conversation he had with former Russian Ambassador Kislyak denying that he spoke to him about a UN vote against Israel, and about requesting that his country refrain from retaliating against the expulsion of Russian diplomats from the US.
FLYNN UNDER GREAT DURESS FROM MUELLER LIES ABOUT LYING
There's only one small problem though which everyone seems to have missed: Flynn lied about lying to the FBI; he was forced into lying by corrupt, crooked, out of control Robert Mueller who's heading the Trump impeachment investigation disguised as a counter intelligence probe on Russian "collusion." How do I know this? It's simple: no way that Mike Flynn would lie to FBI agents (one of whom was anti-Trumper Peter Strzok) 48 hours after learning that the National Security Agency was in possession of surveillance tapes of his late December conversations with Kislyac. No freaking way Flynn would deliberately lie and commit a crime (over perfectly legal conversations) knowing that the FBI had access to these tapes, listened to them in preparation for the interview, and would check his answers against them. And this is what they did as there was no other way to verify Flynn's veracity.
COMEY TESTIFIES TO FLYNN'S INNOCENCE
With good reason James Comey 40 days later testified in a closed meeting before Congress that minor unintentional inaccuracies aside Flynn was perfectly truthful to Strzok and his partner. Indeed, as I pointed out here, after Flynn's January 24th meeting with the Feds they lost their interest in him. While Comey was FBI chief the late January interview with Flynn was the only one his agents conducted with him. Why? Because the phone calls were perfectly legal; and because, knowing they were legal, he was perfectly truthful about them. In short, the accuracy of Flynn's answers (corroborated by the NSA tapes) raised no concerns, suspicions, or red flags that he was hiding something criminal warranting further investigative meetings.
COMEY'S MEMO
Ironically, Comey's leaked memo where he claims that Trump asked him to "go easy on Flynn" and which many anti-Trumpers point to as possible justice obstruction is laughable in this context; for when Comey spoke in private with Trump (14 days after Flynn's interview with Strzok) Flynn wasn't under investigation. But that was to change when Rosenstein defying the President appointed Robert Mueller special counsel with unfettered powers. For Flynn would become a target of his efforts, though he was an innocent man.
THE SCHEME TO ENSNARE GENERAL FLYNN
Indeed, once in office Mueller and pit bull Andrew Weissmann worked out what I believe was a scheme to ensnare the General and turn him using the indictments of Paul Manafort and Rick Gates as leverage. The following time line, I believe, supports this theory.
On October 30th Mueller's grand jury issued parallel 12 count indictments against Paul Manafort and Rick Gates, two former high-ranking officials in the Trump campaign (see and see). Now both men, old friends and business partners, did unregistered (illegal) lobbying work for the pro-Russian Ukrainian government of Viktor Yanukovitch. While this illegality (called a FARA* violation) wasn't a serious crime (it's rarely prosecuted) Team Mueller by trickery and half clever redefining of the FARA laws turned it into money laundering and tax fraud offenses** carrying around 20 years of jail time. Once this was done Mueller began working on the less wealthy, more vulnerable General Flynn.
*Foreign Agents Registration Act
**Mueller did the unheard of thing of criminalizing Manafort's and Gate's legally earned consulting fees (making it the equivalent of mob money) and charging them with washing the funds when they used it to buy assets such as real estate, boats, jewelry, etc.
For Flynn, like Manafort and Gates, was a FARA violater working as an unregistered lobbyist for the Turkish government of Recep Erdogan. And Mueller most likely threatened Flynn with the same FARA based money laundering and tax fraud crimes. In the meantime, Flynn (not terribly wealthy like Manafort) was going broke from his mounting legal bills; and on November 23rd after President Trump refused Flynn's plea to help him out financially (see) Flynn's attorneys told Trump's legal team that they'd no longer be communicating with them about the investigation (see). This decision was a sign that a financially desperate and emotionally exhausted Flynn was moving to cooperate with Mueller’s probe and negotiate a deal with him.
Then seven days later on November 30th Mueller issued an indictment charging Flynn with one count of making false statements to the FBI (see). Then on the following day December 1st Flynn pleaded guilty in court as part of a plea bargain deal with Mueller to cooperate with him. Mueller's pressure tactics worked. Flynn was his. But as fate would have it Mueller's success would be short-lived, as it's now hurting him with a ball busting Judge who's got Flynn's back.
JUDGE EMMET SULLIVAN
Indeed, Mueller couldn't see what was coming. No one could. If only Chief Justice Roberts (or whoever) had let well enough alone and left Judge Contreras do his job presiding over the Flynn case Mueller wouldn't be looking down the barrel of another judge's gun ready to be publicly blasted for his misdeeds. It was December 7th the 76th anniversary of Pearl Harbor, and providence it seemed launched a sneak attack on Mueller and his dirty, crooked partisan dream team. Judge Contreras (friend of Peter Strzok who interviewed Flynn and was friendly to the prosecution) was forced to recuse himself for unknown reasons; and in his place was put by design, or by random chance, or by a Higher Power Judge Emmet Sullivan - a Brady violating prosecutor's worse nightmare. Indeed, Sullivan was the right judge at the right time that Mike Flynn needed to exonerate him, humiliate Mueller and damage the integrity (of which there's little) of his errant investigation.
Now this is the part that is truly fascinating and that everyone has missed. Prosecutor's are obligated by law to disclose to defendants any evidence they have favorable to their innocence. This is called the Brady Rule (see). In the case of Mike Flynn Mueller did no such thing. Since both he and Flynn knew he was innocent of the charge he pled guilty to (lying to the FBI) Mueller disclosing to Flynn the evidence of his innocence served no purpose - it wouldn't have changed his phony, forced guilty plea. And this mutually agreed upon omission, as it's turning out, is the fatal flaw in Mueller's prosecution of Flynn that's giving him one big splitting headache with ball busting Judge Sullivan.
Ted Steven's testifying on his behalf in Judge Steven's court.
For the law is the law. And Judge Sullivan is a stickler on the Brady Rule. Sullivan in fact presided over the infamous Ted Stevens case where the Senator was charged by corrupt and abusive DOJ prosecutors with seven counts of making false statements - though they had evidence of Steven's innocence which they illegally hid from him. This resulted in the temporary suspension of two prosecutors without pay (who did not intentionally mean to hurt Stevens see), and a third who committed suicide apparently fearing disbarment and jail time (see).
MUELLER VIOLATES FLYNN'S DUE PROCESS RIGHTS
Now when Sullivan replaced Contreras he learned from Flynn that Mueller violated the Brady Rule and withheld exculpatory evidence from him (such as the transcript of the FBI interview showing Flynn's innocence). So he immediately issued his normal standing order to Mueller reminding him of the Brady Rule, and the government's obligations to Flynn. That was on December 12th. But Mueller ignored it. And two months later on February 16th Sullivan (convinced of Flynn's innocence regardless of the guilty plea) issued a revised, more strongly worded and detailed standing order (see): quoting 13 federal cases Sullivan stated that Mueller's failure to provide Flynn with evidence favorable to him at the plea negotiations was "a violation of his Due Process Rights;" and this invalidated Flynn's guilty plea and gave him the right to WITHDRAW it.
In other words, General Flynn has the blessing of Judge Sullivan to vacate his guilty plea if he so chooses. No wonder why Flynn has come out of hiding and is suddenly campaigning (like the happy warrior of old) for pro-Trump candidates - publicly showing his loyalty for Trump which he hasn't done since he was fired. Mueller has lost him; Flynn's deal with him is effectively dead - killed and buried by the intervention of Judge Sullivan.
But the big question now is this: will Flynn choose to recant his guilty plea? Will he drop this bombshell at his sentencing scheduled in May and publicly humiliate Mueller and his "dream" investigative team? What a sensation that would make and boost it would give to President Trump's complaint that his collusion with Russia is a fake, mostly media created scandal that didn't warrant a federal probe.
However, there is a possibility, a strong one at that, that Flynn will choose not to take this route. Why? Because if he vacates his plea deal Mueller (if he's still special counsel) could come back at him with new charges such as I mentioned above: a FARA based money laundering charge - or whatever crimes Mueller and Weissmann could dream up. But if this is what the General decides what is certain to happen at his sentencing is this: Judge Sullivan convinced as he is of Flynn's innocence and the injustice done to him will give him a SUSPENDED SENTENCE; and in explaining to the public his reasons for reaching this decision he'll expose the corruption and prosecutorial malfeasance of Mueller, Weissmann and his partisan, politicized, impeach Trump "dream team."
Desperate men do desperate things. And a desperate Michael Flynn facing financial ruin agreed to a corrupt and illegal plea deal with Mueller who made him lie about lying to the Feds thinking that with a judge favorable to him (Contraras) he could get away with it. However, providence intervened and brought in Sullivan to shatter his plan. But whatever decision the General makes (vacating his plea or not) this much is clear: it will be devastating for Mueller; It will spark a sensational scandal likely forcing his resignation, and perhaps putting an end to his unwarranted investigation.
UPDATE
4-23-18
Michael Flynn to campaign for Montana Republican
Now that General Flynn is virtually free from Mueller, and with Judge Sullivan's help is about to be exonerated, he is continuing what he began last month: signaling to the public that he's not cooperating with Mueller against President Trump by campaigning for pro-Trump Republican candidates.
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God Bless America
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