HTownAg98 said:

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News flash dingus: I don't think they are going to get Trump on anything. In fact, I'm more on your side of this than you think. But the fact remains that Flynn pled guilty to being a liar after that interview. So why do you plead guilty if (a) you know you aren't guilty and can prove it, or (b) your ass is in a sling because of other things you may have done?

Btw, the hat pope guy is Ken White, out of Los Angeles. He spent 5 years as an AUSA and 24 years total doing white collar crimes in state and federal court, among other things. He MIGHT just know how federal criminal cases typically go.

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You didn't answer the Qs, dingus. The 302s are the evidence. Why do they have any credibility whatsoever?

aggiehawg said:

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So the defense has had whatever was material evidence that was material to the defendant since December, and then got whatever else, if any, in February. And no request for withdraw the plea has happened.

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Are you sure about that?? Has Flynn's attorneys said that?

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https://www.courthousenews.com/wp-content/uploads/2018/02/FLYNN-ORDER.pdf

It's my understanding that per Judge Sullivan's ruling, that not only must the government provide 'all' exculpatory evidence, but that Flynn can withdraw his guilty plea, which means the separate plea agreement signed by Flynn would become null and void.
And if that happens, what happens to Mueller's case? The prime witness against Flynn is Strzok, and Strzok has now been delegated to the dungeon and no longer is a credible witness. No taped interview = No evidence. Flynn walks. Mueller would be free to start over...with what?

There was another agent with Strzok during the Flynn interview-that-wasn't-an interview. As to now, unnamed. Question as to what his/her statements are saying.

As to people saying Mueller has no reason to proceed to sentencing, he actually does, if he thinks he can get prison time for Flynn. Keeps Flynn away from the public eye, his visitors are monitored, even his conversations. You want to get maximum pressure to flip him after all of this? Put him in prison.

But that's not the deal that Mueller put on the table, apparently. Because he couldn't. Contrary to popular belief, Prosecutors don't have the final say in sentencing. That's up to the judge. And Mueller ended up with an strict one that doesn't accede to anything a Prosecutor wants. He holds their feet to the fire.

Going to bed, and will find out tomorrow, but Ingraham is suggesting that Sekulow wrote the Mueller questions.

Enjoy and discuss---coffee style.

Great day, thanks guys!

Judge Sullivan filed the order on Feb 16th, directing federal prosecutors to produce to Flynn's legal team "any evidence in its possession that is favorable to defendant and material either to defendant's guilt or punishment" in a timely manner. Non of this has been produced to date. Sullivan's order invoked the "Brady Rule," which requires prosecutors to disclose exculpatory evidence in their possession to the defense that is, evidence that could prove favorable to the defendant in negating his guilt, reducing his potential sentence or bolstering the credibility of a witness.

So the judge issued the order sua sponte, not in response to any application from General Flynn's lawyers says, by the way, I want all exculpatory evidence, evidence that could help Flynn or hurt the government turned over to Flynn's lawyers. Even though this is the judges normal MO in his cases, why would he we want that after General Flynn has already pleaded guilty? Not saying that is unheard of, but he must suspect a defect in the guilty plea. Maybe, he has reason to believe that General Flynn pleaded guilty for some reason other than guilt.

Sullivan has been burned before in the Stevens case in which the judge faulted prosecutors for misconduct in failing to turn over exculpatory evidence. He filed a nearly identical order on December 12th, after taking over the case, and just amended it. Flynn plead guilty on December 1st.

Why was Flynn never indicted? Mueller indicted Manafort and Gates. Mueller indicted 13 Russians and three Russian entities, why not Flynn? I've seen a Statement of Offense on Papadopoulos LINK and it's pretty straight forward, but Flynn's just looks a little sketchy. As does his plea agreement, do to the extraordinary conditions placed on General Flynn in the plea deal itself. LINK

Here's what we've seen on Flynn

Here's the order that was in place in December 2017, five days after Sullivan took over the case.
https://viewfromll2.files.wordpress.com/2018/02/10-standing-order.pdf
Sullivan has a standard practice of filing the Brady order in all of his cases: this isn't something that was just done for Flynn. See page 21 of 66 on this law review article (or page 149 in the article) written by Judge Sullivan. http://www.cardozolawreview.com/content/denovo/New_Models_for_Prosecutorial_Accountability.37.symposium.pdf

Mueller was then obligated to turn over material evidence that is favorable to the defendant. Then the February order with the correct lower standard (all evidence) be turned over. Now libs want to assert that this just amounts to a typo. It's certainly not, because "all" is definitely a lower standard than "material and favorable." Now Mueller could definitely be slow-rolling evidence, but it has been almost five months since the original order was done, and there has been no filing by Flynn.

Now if you want to assert that the Mueller team is guilty of Brady violations, go right ahead. But I'm not willing to go there yet.

HTownAg98 said:

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Mueller was then obligated to turn over material evidence that is favorable to the defendant.

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Again, just because you say that the judge ordered it to happen doesn't make it so and it certainly doesn't make it so NOW.

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Mueller is on the run and avoiding court appearances with all of the extensions in nearly all of his cases.

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Trying to keep going long enough to get Trump before a grand jury to spring the perjury trap.

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Trying to keep going long enough to get Trump before a grand jury to spring the perjury trap.

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If that were true, he would have already forced (yes, forced) the grand jury to issue a subpoena for Trump and forced the issue.

Come on! The man who prefers pre-dawn, no knock raids, uses questionable methods for "consensual" searches, violates attorney client privilege at a whim, is going to balk at a subpoena for POTUS??

Not likely.

I still think muellers sole job now is to keep the smoke billowing until midterms. I don't even think an explosive OIG report will slow him down.

Oh please enlighten us to what key witnesses in the Flynn case would that be?

Please enlighten us counselor, what key witnesses would that be?

And as expected the shoe drops. The POTUS is not a key witness, and what would sentencing Flynn have to do with anything he would have to say? Make your case, don't just spit out stupid talking points.

Flynn hasn't been sentenced because Mueller hasn't complied with the Judges order. Flynn is going to walk on the BS case Mueller hung on him, and mueller's credibility and BS stellar career will be reduced to traffic court if he still has a bar card when this is over.

Back in like March to July 2015, I thought the only reason Trump ran was because he received a phone call from Bill Clinton urging him to run. It was a significant phone call.

This should be well documented by the MSM.

This is one of the main reasons I thought he was a Democrat in disguise.

Byron York writing on the truth of bogus talking point from the eft that POTUS weakened the platform to favor Russia


https://www.washingtonexaminer.com/byron-york-what-really-happened-with-the-gop-platform-and-russia

You believe Russian interference was the reason Trump won the 2016 election, and Trump actively undermined the American election process to get elected?

You believe this was either through hacked voting booths or massive Russian donations to the Trump campaign to influence the American electorate?

Or even better Trump is being pressured by Russian influences to affect his foreign policy?

Here are Flynn's Charging Document, Statement of Offense, and Plea Agreement

What I think the fly in the ointment is for Mueller in producing the requested exculpatory evidence ordered by Judge Sullivan is really not possible conflicting 302's by the two agents that ambushed Flynn at Trump tower, it's two things. The nature of this "reported interview" which was in fact not an interview at all. Also it is the nature of way they knew what Michael Flynn had actually said and when he said on these phone calls to the Russian Ambassador.

Had it been on a standard 702 capture, there would be no big deal, unless the unmasking was questionable. But if it was captured under a Title 1 FISA warrant, whether it be in a two hop from the Page warrant or there were other Title 1 FISA warrants in place that we have not heard of that would be highly questionable, given the current known abuses that have taken place. Given the fact that the Title 1 on Page is so sketchy based on the Dossier alone, what could they possibly have to justify a second warrant if they in fact had one, say on Manafort for instance, or heaven forbid one on Flynn himself.

Now this is totally speculative, but if it were true, producing it in a Brady Rule discovery could really prove devastating to the DOJ and the newly renewed FISA process in general. I just don't think conflicting 302's would be shutting down Mueller's action on the Flynn case, because the 302s are so subjective to begin with. Now if Strzok and the 2nd SA testified under oath before the HPSIC on what actually happened and McCabe or someone altered the 302's afterwards and it's obvious, then the 302's take on a new life in significance to the Flynn case. I just think the hold up by Mueller is based on the level and type of surveillance they were using to listen in on Flynn's phone calls.



https://assets.documentcloud.org/documents/4318008/Flynn-18-USC-1001-a-2-Indictment.pdf

https://assets.documentcloud.org/documents/4318156/Flynn-Statement-of-Offense.pdf

https://assets.documentcloud.org/documents/4318155/Flynn-Plea-Agreement.pdf

aggiehawg said:

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Trying to keep going long enough to get Trump before a grand jury to spring the perjury trap.

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If that were true, he would have already forced (yes, forced) the grand jury to issue a subpoena for Trump and forced the issue.

Come on! The man who prefers pre-dawn, no knock raids, uses questionable methods for "consensual" searches, violates attorney client privilege at a whim, is going to balk at a subpoena for POTUS??

Not likely.

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http://www.foxnews.com/politics/2018/05/01/mueller-told-trump-legal-team-presidential-subpoena-could-be-possible-ex-attorney-says.html

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John Dowd told the AP that Mueller raised the possibility of a subpoena during a meeting with Trump's legal team in March. According to accounts of the meeting first reported by The Washington Post and confirmed by Fox News, Dowd retorted: "This isn't some game. You are screwing with the work of the president of the United States."

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Sounds like Mueller is at least threatening a subpoena and by the exchange it sounds like they think he's being an *******.

Rockdoc said:

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I still think muellers sole job now is to keep the smoke billowing until midterms. I don't even think an explosive OIG report will slow him down.

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I believe you are correct. This is a political war being fought in the courts, Congress, Executive Branch, and the press.

The left is trying to destroy the leader of their opposition using any means necessary. Mueller is their best hope.