General Flynn: Coup Or Justice? UPDATED-2

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In General Flynn and Law Enforcement: Hate, I used the Obama Administration’s corrupt prosecution of General Michael Flynn and the foolish actions of some police officers in enforcing unconstitutional and despotic “stay at home” orders to illustrate an important point: public faith in the integrity of law enforcement is essential to a functioning republic.  That has not changed, but the full depth of the Deep State’s determination to keep alive a coup against President Trump by destroying General Flynn is being, day by day, further exposed.  Nowhere is this more obvious than in the bizarre actions of the judge in the case, Emmet Sullivan.

Sullivan has not only refused to accept the Department of Justice’s motion to dismiss the case with prejudice, he initially invited amicus—“friend of the court”–briefs on why the case should not be dismissed, as Fox News reports:

Former U.S. Attorney Brett Tolman thought he had ‘seen everything’ over the course of his career until a federal judge opened the door Tuesday for legal experts and other outside parties to oppose the Justice Department’s motion to drop the case against former national security adviser Michael Flynn.

…Tolman said he believed Judge Emmet Sullivan’s decision was ‘outrageous’ and that the Washington D.C. judge had turned himself into an ‘activist,’ willing to set aside rules, ethics, and precedent in favor of partisanship.

‘She [Flynn’s attorney, Sydney Powell] may file for example a writ of mandamus. That would allow her to immediately appeal this decision and this approach by this judge to the circuit,’ he remarked.

‘And let’s face it, if it looks like this is what’s going on, there is strategy then that’s at the heart of what this judge is trying to accomplish. And, that strategy is offensive to anyone who practices,’ he stated. ‘It’s the United States against Michael Flynn. And, when the United States says we’re no longer going to pursue it because we don’t have the evidence, then the audacity of somebody outside of that coming in who has no authority is outrageous.’

It’s more than outrageous; it’s a usurpation of the authority of the Executive Branch and an offense against the rule of law.  Former federal prosecutor and legal authority Andrew McCarthy agrees:

Judge Sullivan, who has been so unhinged on this case that he originally characterized it as a treason case, decided this was just a peachy idea so now he’s inviting basically an anti-Trump group therapy session,’ McCarthy said.

‘All the lawyers out there who want to file amicus briefs are invited to do that…It will make no difference in the end but it will just drag the process out.

Dragging the process out seems to be Sullivan’s goal, because he has gone beyond amicus briefs—far beyond.  Tolman has seen something new, as Paul Mirengoff at PowerLine reports:

The New York Times reports:

The federal judge overseeing the criminal case of President Trump’s former national security adviser Michael T. Flynn appointed an outsider on Wednesday to argue against the Justice Department in its effort to drop the case and investigate whether Mr. Flynn committed perjury, an extraordinary move in a case with acute political overtones.

Judge Emmet G. Sullivan of the United States District Court for the District of Columbia said in a brief order that he had appointed John Gleeson, a retired judge, ‘to present arguments in opposition to’ the department’s request to withdraw the charge against Mr. Flynn, who had pleaded guilty to lying to investigators as part of a larger inquiry into Russia’s interference in the 2016 election.

How did Sullivan come to select Judge Gleeson? Gleeson co-wrote an op-ed in the Washington Post attacking the DOJ’s motion to dismiss.

Consider that piece an audition for the job Sullivan has now given Gleeson. The title of the op-ed, ‘The Flynn case isn’t over until the judge says it’s over,’ appealing as it must have been to Judge Sullivan, probably ensured the audition would be successful.

What a remarkable coincidence.  The same day Sullivan appointed Gleeson, Gleeson revealed himself—again–as a rabid anti-Trump partisan in The Washington Post.

Who is John Gleeson? He’s a lefty judge appointed by President Clinton. Gleeson was a critic of mandatory minimum sentencing before it became fashionable for a certain kind of conservative to take that stance. According to Wikipedia, Gleeson ‘[went] so far as to request federal prosecutors [to] vacate convictions he had been forced to impose’ by law.

Judge Gleeson’s ruling against the FBI in a landmark racial profiling case was reversed by the U.S. Supreme Court in Ashcroft v. Iqbal, a 2009 case. Now, Gleeson will become a friend of the Obama FBI’s corrupt leadership, as he urges Sullivan to stick it to General Flynn in furtherance of the Bureau’s plan to bring Flynn down.

Before becoming a judge, Gleeson was an Assistant United States Attorney for the Eastern District of New York. In that capacity, he worked closely with Andrew Weissman, perhaps the most hardcore Trump hater on Robert Mueller’s defunct team of Trump haters.

What another remarkable  coincidence!  Weissman has a well- deserved reputation as a corrupt prosecutor.  

Only the executive branch has the power of prosecution.  They decide when to prosecute and when to dismiss a prosecution.  The judicial branch has no such power.  Judges are limited only to ensuring there is no prosecutorial misconduct.  For example, if a case if going badly for the prosecution and they suddenly move to dismiss the charges, Judges may refuse if they suspect the prosecution is so moving to put together a stronger case and recharge the defendant in the future–double jeopardy–or they can agree to the motion, but with prejudice so the charge can never be filed again.  That’s not what’s happening here.  The DOJ has admitted Flynn did not commit a crime, its prosecutors were corrupt, and wants the case dismissed with prejudice.  Judges cannot mandate a prosecution, but apparently, Judge Sullivan never got that memo—or the Constitution.

It would be instructive to read my pal Bookworm’s American Thinker article.  Not only is she a fine writer, but a practicing attorney.

Judge Sullivan’s threat to charge Flynn with criminal contempt for perjury still stands.  And how did General Flynn perjure himself?  Apparently Sullivan intends to proceed on the theory that when Flynn pled guilty, he was lying under oath.  This is, to put it kindly, insane.  Defendants often change their pleas.  It’s routine and expected.  It’s also allowed under the law.  In this case, when the government has admitted its prosecution of Flynn was unjust, even criminal, that Flynn’s guilty plea was unlawfully coerced, and has moved to dismiss all charges with prejudice, there is no possible legal justification for Sullivan’s actions.  Both parties, the prosecution and defense, agree.  There is no further issue before the court.  I’m sure, however, D/S/Cs feel a continuation of the political pursuit of President Trump through General Flynn is more than justified.

One might almost be tempted to think Judge Sullivan involved in the ongoing coup.  One might be tempted to think he is trying to drag this out as long as possible to further punish General Flynn and to damage Mr. Trump’s electoral chances.  One might even be tempted to think he is trying to drag this out past November in the hope Mr. Trump would be defeated, a D/S/C DOJ would renew the prosecution, he could put Flynn away for years, and the perpetrators of the coup would be protected from consequences for their crimes.  Perhaps there’s a Supreme Court seat in it for him?  Or perhaps he’s just another corrupt, political hack in black robes?

Havard Law Professor Alan Dershowitz, by no means a Trump fan, is also less than pleased with Sullivan, as Fox news reports:

Harvard Law professor emeritus Alan Dershowitz pushed back on the new ruling by the judge in the Michael Flynn case, arguing he’s acting in a partisan fashion to ‘resurrect’ the prosecution of President Trump’s former national security adviser.

‘The great tragedy is that the American public does not know who to trust. They don’t know who is using politics and misusing national security,’ the author of ‘Guilty By Accusation’ told ‘The Ingraham Angle’ on Wednesday. ‘Everybody seems to be weaponizing national security and other issues for political advantage.’

‘Now, enter Judge [Emmet] Sullivan, who has become the most partisan, the most political in this effort to try to resurrect the prosecution against Flynn.’

In another article, Dershowitz wrote:  

As Justice Ruth Bader Ginsberg recently wrote for a unanimous Court: ‘Courts are essentially passive instruments…’ It is not within their legitimate authority to ‘sally forth each day looking for wrongs to right.’ Their role is to ‘decide only questions presented by the

parties.’ Judge Sullivan is improperly exceeding that role in the Flynn case and should be chastised for it, whether one agrees or disagrees with the Justice Department’s decision on its merits.

There is a joke lawyers who practice in Federal Court like to tell. Angel Gabriel summons Sigmund Freud in heaven and tells him God is having delusions of grandeur. Freud asks how God can have delusions of grandeur: There is no one grander than Him. To which the Angel Gabriel responded, ‘he thinks he’s a federal judge.’ But what Judge Sullivan is doing is no joke. He is endangering our system of separation of powers and he should be stopped by a writ of mandamus or a motion to recuse. Judges, too, are not above the law or the Constitution.

It has also been revealed that many high Obama Administration officials, including Joe Biden, unmasked General Flynn some 49 times.  President Trump is not amused:  

It was the greatest political crime in the history of our country,’ Trump said in an interview with Fox Business’ Maria Bartiromo that aired Thursday morning. ‘If I were a Democrat instead of a Republican, I think everybody would have been in jail a long time ago, and I’m talking with 50-year sentences. It is a disgrace what’s happened. This is the greatest political scam, hoax in the history of our country.’

Trump continued: ‘People should be going to jail for this stuff and hopefully, a lot of people are going to have to pay. No other president should have to go through, and I’ll tell you, Gen. Flynn and others are heroes, heroes, because what’s happened to them. They weren’t after Gen. Flynn. They wanted him to lie about me. Make up a story.’

D/S/Cs continue to do everything they can to further the coup against President Trump and the Constitution.  General Flynn is merely a useful pawn, and was pursued in the first place because he threatened to expose the plot and return American intelligence agencies to the role of protecting American interests.  We are in a race against the clock.  Will the DOJ under AG William Barr be able to expose and prosecute everyone involved in the coup before November?  Will President Trump win a second term so those prosecutions can continue, and we have a chance at restoring public confidence in the rule of law?  Or will a Democrat-to-be-named replace Joe Biden, win the presidency, and ensure coup plotters are forever protected?  These are only some of the stakes, and for the moment, it appears Judge Sullivan is very much on the side of the coup rather than justice.

UPDATE, 05-15-20, 1700 CST:  General Flynn’s lawyer, Sydney Powell, has posted an “Open Memorandum” to Barack Obama, which addresses his concern that dismissing charges against the General is an attack on the rule of law.  By all means, gentle readers, take the link.  It’s an epic beat down of a poser who has pretended to be a “constitutional law professor.”  He was never a professor, and merely taught a single class at the University of Chicago for a short time.  He was given the job as a political favor.  Little wonder he knows so little of the Constitution or the law.

UPDATE, 05-16-20, 1245 CST:  What happened to the original FBI 302, the report of the interview of General Flynn by FBI agent Peter Strzok and Joe Pientka?  The FBI claimed it was lost, and it has certainly never been provided to the defense.  The Conservative Treehouse provides convincing evidence that the usual suspects are even deeper into the coup conspiracy than was previously imagined.  Go here.

General Flynn And Law Enforcement: Hate–UPDATED

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As you read, gentle readers, remember this above all else: all a police officer truly has is his reputation for integrity.  When that is gone, his usefulness to a representative republic is irretrievably lost.  But more, his betrayal of the public trust is cumulative–it spreads like a virus and damages all–and trust lost is regained only with the greatest difficulty and passage of a great deal of time.

Consider this: “If the police arrested “X” he must be guilty of something.”

Why did retired General Michael Flynn, former National Security Advisor to President Trump accept a plea deal to plead guilty to lying to the FBI if, as has now been proved, he was innocent and knew he was being framed? 

1) He had been framed and was unemployed and unemployable.

2) He was forced to use every penny he ever had to defend himself, up to $5 million dollars in attorney fees.

3) He lost his savings and his home.

4) His initial attorneys actually aligned with the corrupt government against him.  They gave him incompetent advice and did not do their duties to find all of the exculpatory evidence that would eventually prove just how corrupt the DOJ and FBI were—and are.

5) The entirely corrupt Mueller prosecutors threatened his son with prosecution if he didn’t please guilty.  That was the last straw.  They covered that up, deceiving the judge.

6) The FBI was never investigating a crime.  Their entire purpose in interviewing Flynn was to compromise and use him again Trump.  When he refused, they continued to persecute him, with the full knowledge and participation of the Department of Justice and the Mueller thugs.

Flynn’s persecution was only part of the continuing coup attempt against Donald Trump, a coup that continues today, a coup done with the knowledge and participation of Barack Obama, Joe Biden and many other high-ranking members of his administration.  A part of the destruction they wrought, destruction that continues, is the loss of the absolutely vital trust Americans have traditionally placed in law enforcement.  It is a trust predicated on the belief that law enforcement is above politics, that police officers will not allow themselves to be used as cheap political thugs/enforcers for venal, evil politicians.  Kurt Schlichter recently wrote:  

As conservatives, we pride ourselves on our unwavering support of the Thin Blue Line, on backing our cops against leftist slander, and yet stupid and evil people in law enforcement are putting that default thumbs-up from normal Americans at risk. It’s bad enough when we watch the ridiculous spectacle of Deputy Karren and Deputy Man-Karen yelling at some mom for committing felony play-dating, but then we see how the FBI has flat-out framed political enemies and it’s too much. If the LEO community does not police its own ranks and stamp out this nonsense, it might as well take all the goodwill it has earned over the years, douse it in cheap gasoline, and set it on fire.

The lunacy surrounding the Coronavirus is badly damaging our nation, but those that hope to use it to finally depose Donald Trump are now beginning to panic as the case against General Michael Flynn falls apart, and the trend is for the exposure, perhaps even the prosecution, of the coup plotters and their law enforcement minions.  In this article, I’m not going to provide chapter and verse of the Flynn debacle.  I will, however, provide more than sufficient links that will allow you, gentle readers, to know, beyond any reasonable doubt, the Obama Administration, including Barack Obama, the D/S/C messiah himself, continue to press a coup, as the invaluable Victor Davis Hanson notes:

Add up Michael Horowitz’s inspector general’s report. Review the wreckage of the Mueller investigation. Collate the evidence that Christopher Steele was an utter fraud and dupe. Remember that Hillary Clinton destroyed her hard drives and communication devices, that the FBI liquidated hundreds of text messages of Lisa Page and Peter Strzok, and that Christopher Steele destroyed all his emails and data about ‘Russian sources.’

Compute in the new discoveries that all the principles who fueled the ‘collusion’ hoax had long ago, when pressed in secret and under congressional oath, confessed they had no evidence for the lies they spread in the media. Recall the pseudo-summaries of Susan Rice to whitewash an Oval Office session. Then, finish off these revelations with the reality that Barack Obama was always privy at best, and at worst orchestrating the effort to destroy a presidential campaign and transition. And where does it all lead?

To the unendurable truth that a sitting president unleashed his intelligence agencies to warp an election, feigned ignorance of his central role, and yet finally was so furious about the winner that he sought to sabotage his successor’s transition and, by association, his presidency.

How could the media, Silicon Valley, Wall Street, the bureaucratic state, academia, and entertainment ever process that reality: that a deity was likely the most corrupt president in a generation?

How corrupt is he?  Consider this:

Former President Barack Obama, talking privately to ex-members of his administration, said Friday that the ‘rule of law is at risk’ in the wake of what he called an unprecedented move by the Justice Department to drop charges against former White House national security adviser Michael Flynn.

In the same chat, a tape of which was obtained by Yahoo News, Obama also lashed out at the Trump administration’s handling of the coronavirus pandemic as ‘an absolute chaotic disaster.’

‘The news over the last 24 hours I think has been somewhat downplayed — about the Justice Department dropping charges against Michael Flynn,’ Obama said in a web talk with members of the Obama Alumni Association.

‘And the fact that there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. That’s the kind of stuff where you begin to get worried that basic — not just institutional norms — but our basic understanding of rule of law is at risk. And when you start moving in those directions, it can accelerate pretty quickly as we’ve seen in other places.’

Obamites, for many years, have claimed Barack Obama was a “constitutional law professor.”  This, like much else about the D/S/C messiah is a lie.  Obama was never a professor.  He was given an office and a single class to teach for a time at the University of Chicago as a political gesture.  He was minor adjunct faculty, nothing more.  It’s hardly surprising he knows nothing of the law, having spent his time before entering politics as a “Community Organizer,” a pseudo-job which duties he could not describe even for friends.

Reading the actual DOJ motion to dismiss the charges against Flynn will demonstrate who is upholding the rule of law.  It’s not Barack Obama.

After reading the DOJ motion, it will be instructive to read an article by Prof. Jonathan Turley explaining why there is indeed voluminous precedent, including federal law, for dismissing the charges against Flynn.  Turley, not by any means a Conservative, has been a voice for American Constitutionalism in this crazy time.

But why did the conspirators need to get rid of General Flynn?  Why were the highest levels of the FBI willing to play along with Obama?  This Jim Fanell article at PJ Media explains.  And this article explains Obama’s direct involvement.

We also now know, since the transcripts the execrable Adam Schiff keep secret for years have been released, that there was no collusion, no effort by anyone in the Trump Campaign or Administration to work with Russia to America’s detriment.  We also know innumerable Obamites lied to the public, claiming knowledge of wrongdoing, but when under oath, testifying in secret before Congress, they admitted—each and every onethey had no knowledge, no evidence whatever, of Trump and Trump Campaign criminality.  There never was any evidence of crimes, no predicate, no reason at all to investigate anything. They knew it before they ever started their corrupt investigations.  It was all a scam, a fraud, an attempted coup, and it all began with a meeting in the White House attended by Obama, Susan Rice, Sally Yates, Joe Biden, and James Comey.  It’s an issue about which Mr. Biden is, as usual, confused.

We also now know the Steele Dossier was Russian disinformation, and the release of congressional testimony by D/S/C thug John Podesta in 2017 reveals the money for that dossier was provided 50/50 by the DNC and by Hillary Clinton’s campaign.  The FBI and DOJ knew this.  The Congress knew this in 2017–many knew it earlier–yet the coup continues.

We also now know the seditious Lt. Colonel Alexander Vindman admitted, under oath, to making up parts of his testimony about the Ukranian phone call.  We also know President Obama told the FBI and DOJ to lie to and withhold vital national security information from Mr. Trump, and they were only too glad to comply.  Margot Cleveland at the Federalist explains:

The FBI, however, is not solely to blame for keeping this ‘important’ information from Trump: They were only following the counsel of former President Barack Obama.

While a young Amy Carter can be forgiven for her juvenile vision of departing the White House ‘content with the picture of Nancy Reagan struggling to clean out the oven,’ there is no excuse for an outgoing president to withhold “intel” on supposed Russian agents from the president-elect. And there is no excuse for an outgoing president to advise hold-over high-ranking officials to do likewise once the new president has taken office.

Or, rather, the only excuse is an equally scandalous one: Obama knew the Russia investigation was a hoax from the get-go.

Of course he knew it was a hoax.  He and his toadies created it.  There is far more to come.  A list of names of those that unlawfully “unmasked” General Flynn, and perhaps innumerable other Americans may soon be released, and US Attorney John Durham and others are working hard to reveal the entire conspiracy.  As President Trump is saying, Obamagate is the worst political scandal in our history, and we are just scratching the surface.  The judge in Flynn’s case also has yet to accept the DOJ’s motion.  But for now, gentle readers, let us close with this from Dov Fischer, not only a Rabbi, but a lawyer:

I have come deeply to hate. I hate that Donald Trump never was given a chance to be president of the United States for even one day’s honeymoon. I hate that, long before he won the presidency — fair and square — corrupt crooks and criminals in the United States Department of Justice, its Federal Bureau of Investigation, were actively plotting to take him down. I hate that there are so few outlets in the media that give voice to condemn the criminality and corruption that broke every accepted societal norm by which we play the game. I hate that Obama was in on it, yet continues to pontificate on what is just and on what threatens freedom.

I hate that they all keep getting away with it. Every single one of them gets away with it. There is absolutely no price to be paid on the left for perjury, for conspiracy to overturn a legitimate election, for treason.

By all means, take the link and read the Rabbi’s whole article.  It, gentle readers, leads to my final point.  I hate the damage that has been done to American law enforcement.  I hate that Americans cannot trust the Department of Justice or the FBI, or indeed, virtually any of our governmental agencies.  I hate that local police agencies have been so stupid as to break faith with Americans by enforcing unconstitutional, or at the very least, incredibly stupid and oppressive dictates of venal, power mad politicians.  I hate to see police officers threatening and arresting Americans for the crimes of allowing their children to play, and making a living.  I hate the politicians putting our law enforcement officers in the position of reasonably being compared with the thugs of repressive dictatorships.  I hate those that hate Normal Americans, people who expect their government to work for them, and to leave them alone rather than trying to control every aspect of their lives.

If we are to survive as a nation, we must fully embrace American constitutionalism, as Rabbi Fischer does.  Political differences must be resolved, without any possibility of vote fraud, at the ballot box.  We must fully embrace the rule of law.  We must absolutely reject those that have brought us to this sorry state, that have left us fearing and distrusting our police officers.  They must be brought to justice, real justice, not social justice, which is just another political fraud.

Some 2000 former FBI and DOJ officials have signed a letter demanding the resignation of Attorney General William Barr.  They agree with Mr. Obama; General Flynn must be utterly destroyed, and the corruption of the DOJ and FBI don’t matter.  They have done a service in exposing themselves as agents of the deep state and enemies of America.  They have revealed themselves as supporters not of the rule of law, but of sedition, hatred and chaos.

We must arrest, and if found guilty beyond a reasonable doubt, convict every DOJ lawyer, every FBI agent and other toadie, every political minion, every corrupt politician, everyone that betrayed our country, our Constitution, and violated its laws in an attempt to depose a lawfully elected president.  Everyone involved must also be sued for violating the rights of those they persecuted.  The financial and personal ruin they visited on innocent Americans must be visited on them.  This is absolutely essential, and there can be no exceptions. What else can serve as a deterrent against future coups?  It will be a long road back to any level of trust, but without it, the house divided against itself, as Abraham Lincoln said, will not stand.

UPDATE, 05-12-20, 1900 CST:  Judge Emmet Sullivan, rather than doing what virtually any jurist would do when the prosecution moves to dismiss a case—dismiss it—has taken a different path, as Fox News reports: 

D.C. District Court Judge Emmet Sullivan issued an order Tuesday indicating that he’ll soon accept ‘amicus curiae,’ or ‘friend of the court’ submissions, in the case of former national security adviser Michael Flynn — essentially allowing the court to use an ‘ask the audience’ lifeline in what has already proved to be an unpredictable and chaotic prosecution.

Sullivan’s minute order indicated that an upcoming scheduling order would clarify the parameters of who specifically could submit the amicus briefs, which are submissions by non-parties that claim an interest in the case. Sullivan specifically said he anticipates that ‘individuals and organizations’ will file briefs ‘for the benefit of the court.’

The move attracted some immediate criticism. The Federalist’s Sean Davis, for example, cautioned that Sullivan was inviting ‘left-wing lawyers write his final order against Flynn for him.’

That’s precisely what Sullivan is doing.  In all my years in law enforcement, I have never seen a judge do anything but promptly dismiss a case when the prosecution moves for dismissal.  They might ask a few pertinent questions for the record, but there’s no point in holding a trial if the prosecution tells the judge they can’t prosecute.  After all, what would a judge do?  Demand the prosecution put on a case and hold them in contempt it they don’t?  Jail prosecutors for refusing to put on a non-existent, corrupt case, a case they know to be a lie and miscarriage of justice?  Threaten them with sanctions for refusing to perpetrate an injustice?  Any judge not an insane partisan would know that if they pulled a stunt like that, not only would they be overturned by a higher court, it could, and likely would, cost them their seat on the bench, even their law license.

My best guess is Sullivan will ultimately dismiss the case.  He must know of the law and precedent Prof. Turley outlined.  I suspect, however, he’ll make an overtly political statement in his decision, attacking General Flynn, AG Barr, and he’ll probably work President Trump in there somewhere.  Stay tuned.