Judge In Michael Flynn Case Decides To Ignore Mounting Evidence Of Prosecutorial Abuse – IOTW Report

Judge In Michael Flynn Case Decides To Ignore Mounting Evidence Of Prosecutorial Abuse

Federalist: Judge Emmet Sullivan had two choices: He could ignore the growing evidence of government misconduct and wind up the two-year saga that has been the sentencing phase of the Michael Flynn criminal case, or he could say “not on my watch.” Yesterday, in a methodical and seemingly tempered opinion, the long-time federal judge opted for the former tack when he denied in full the comprehensive motion to compel Flynn’s attorney Sidney Powell filed several months ago. Judge Sullivan then set Flynn’s sentencing for January 28, 2020.

While Judge Sullivan’s opinion appeared measured as he dispatched the myriad issues Powell raised on behalf of her client, two passages, separated by scores of pages in the tedious 99-page opinion, make clear that the outcome was a forgone conclusion.

“The Court notes that Mr. Flynn’s brief in support of his first Brady motion lifted verbatim portions from a source without attribution,” Judge Sullivan began his analysis of Powell’s legal arguments under a bolded heading entitled “Ethical Concerns with Mr. Flynn’s Brief.” Judge Sullivan then notes that Powell’s brief provided a hyperlink to the “excellent briefing by Amicus in support of the Petition for Writ of Certiorari in Brown v. United States.”

Powell said in a statement that “the plagiarism accusation makes no sense,” adding that she “relied on briefing in one of my own cases and both cited and linked the brief written primarily by my brilliant friend Lucas Walker.” “That’s how Judge Sullivan knew the source for the material,” Powell explained.

In contrast, Judge Sullivan made nary a mention of the fact that for two years federal prosecutors had misidentified the handwritten notes of the FBI agents. “The government confirmed that it previously misidentified the authorship of the agents’ handwritten notes from the January 24, 2017 FBI interview,” Judge Sullivan wrote in a footnote, before concluding that that correction made Flynn’s request for former FBI Agent Peter Strzok’s handwriting samples moot.

That Judge Sullivan took no umbrage to the government’s blunder, when the normal reaction would be of outrage and concern that federal prosecutors had botched other important aspects of the case, means he didn’t care. He had made up his mind. The case was done. All that was left was to recite the pieces of evidence Powell sought and a reason it need not be produced.

From Judge Sullivan’s opinion it seems clear why he ruled as he did: Flynn pleaded guilty and then held firm to his plea. “Flynn—who was represented by experienced attorneys—knowingly, voluntarily, and intelligently entered into the Plea Agreement,” Sullivan wrote. Then, after the case was reassigned to him, Judge Sullivan “conducted an extension of the plea colloquy in view of statements made in Mr. Flynn’s sentencing memorandum that raised questions as to whether Mr. Flynn sought to challenge the circumstances of his FBI interview,” the court explained. But “in response to the Court’s questions, Mr. Flynn maintained his plea of guilty upon the advice of counsel. Mr. Flynn neither challenged the conditions of his FBI interview nor expressed any concerns with the government’s obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963).” read more

16 Comments on Judge In Michael Flynn Case Decides To Ignore Mounting Evidence Of Prosecutorial Abuse

  1. Hope the Judge likes his position against the wall when the reckoning comes. I still wouldn’t count Flynn’s lawyer out though. She has a well deserved reputation as a legal assassin.

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  2. @Old Man Johnson December 18, 2019 at 10:28 am

    > Sullivan woke up with a severed horse head in his bed.

    Because hiring traitorous underlings, extorting them, promoting them, extorting them some more, having them hire traitorous underlings, extorting them, and finding time to vacay, is what smart people, the bestest and the brightest, do?

    As opposed to, say, hiring people just like you, promoting them when they prove how much like you they are, and having them hire people just like you?

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  3. No surprise. General Michael Flynn is getting the Law not Justice. He’s getting one Judge’s opinion of the Law in his case. He needed this lawyer from the first time he was charged, not two years too late. I hope President Donald J. Trump pardons him. He was framed to entrap President Trump.

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  4. Sullivan is just Comey in a robe. He feinted to Flynn rescinding his plea but his decision is foregone.

    Trump should just issue a pardon once the court notary stamps the decision.

    Eff you and eff your court. Thanks for wasting everybody’s time.

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  5. If anyone ever gets a good hold on this thread and pulls, the entire Deep State will come unraveled. You can bet your last dollar that judge has been “made aware” of this fact, probably by a couple of “we’re absolutely not FBI agents.”

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  6. It is worse:

    Yesterday Rosemary Collyer, presiding judge on the Foreign Intelligence Surveillance Court ordered the FBI to explain in writing by Jan. 10 how it intends to remedy “inaccurate, incomplete, or unsupported by appropriate documentation.”

    Rosemary Collyer was at a crossroads and with this slap on the wrist response Rosemary Collyer chose to send the signal to anyone who is contemplating this in the future that the FISA court was in on it.

    Rosemary Collyer had the opportunity to haul every damnable individual involved in this abuse before the court and have them explain why they should not be charged with contempt of court. She had the opportunity to throw the book at these individuals and in doing so send a clear message that this kind of abuse will be dealt with severely.

    The message Rosemary Collyer sent the message that this is a “slap on the wrist” offense and it sets a precedent that others will keep in mind while they are doing the same thing that these a-holes did.

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  7. Reason 25,489 why voting for liberal Republicans is bad! Had the GOP in the Senate been a majority conservative this thing would not be on the bench! Naming just a few liberal GOP names: Kay Baily, Jeff S, BUT MOST OF ALL GWB’S man “Snarlin Arlen”, who led 7 Bush “republicans” in defeating Judge Bork!
    Arlen is much more honest than GWB, after GWB’s disciple was sworn in (’09) he admitted he was in fact a D- Bush told us vote Clinton but lies about his party!

    Liberal GOP are worse for “deplorable” than Dem. If Bork did not getthrew to you all thi “judge” approved by leftist GOP Senators maybe will. Or maybe your head is cement.

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  8. Flynn for president, 2024 – because it’s the best FU we could give the deep state. His familiarity with intelligence matters would also be valuable – there is a lot of rotten agencies to be shut down.

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