Judge Emmet G. Sullivan
Via Zerohedge
The federal judge assigned to the criminal case against Trump’s former National Security Adviser Michael Flynn has ordered Special Counsel Robert Mueller to turn over any “exculpatory evidence” to Flynn’s defense team.
Oddly, however, Flynn’s legal team did not make this request. Instead, Judge Emmet G. Sullivan issued the order “sua sponte,” or at his discretion, invoking the “Brady Rule” – which requires prosecutors to turn over previously unfiled evidence that might have a material impact on a defendant’s case. Interestingly, two days before the order Mueller filed a motion for an agreed-upon protective order regarding the use of evidence in the case, including “sensitive materials,” provided to Flynn’s lawyers by the office of the Special Counsel.
As The Hill notes, Sullivan dinged federal prosecutors in the trial of former Sen. Ted Stevens (R-AK) for misconduct in failing to turn over exculpatory evidence.
The development has generated a significant buzz in conservative circles, with the implication being that perhaps Flynn might not have pleaded guilty in light of certain evidence.
Judge Andrew Napolitano addressed Sullivan’s decision on Tuesday, saying The judge on his own, not in response to any application from General Flynns lawyers says, “By the way, I want all exculpatory evidence, evidence that could help Flynn or hurt the government turned over to Flynns lawyers.”
Why would he we want that after General Flynn has already pleaded guilty? That is unheard of. He must suspect a defect in the guilty plea. Meaning, he must have reason to believe that General Flynn pleaded guilty for some reason other than guilt.
Adding to the odd turn of events in the Flynn matter is a February 1 report that Special Counsel Robert Mueller’s team has postponed Flynn’s sentencing due to the “status” of the investigation.
Some have speculated that Mueller’s request indicates Flynn is cooperating with his investigation. Others, such as former federal prosecutor Joe diGenova, think that “It may very well be that the guilty plea cannot stand” after D.C. Judge Rudolph Contreras – who also sits on the FISA court and may have personally signed off on surveillance warrant(s) which ultimately included Flynn- recused himself days after he was assigned Flynn’s case.
Others have speculated that the FBI conducted an illegal interview of Flynn by not announcing that he was actually under investigation, and did not have an attorney present.
And in a leaked account of former FBI Director James Comey’s March 2017 closed door briefing to Congressional investigators, Comey told lawmakers that the FBI agents who interviewed Flynn did not believe he had lied to them, and as a result, “some of those in attendance came away with the impression that Flynn would not be charged with a crime.”
Meanwhile, if we’re to entertain rumors and speculation, Judge Sullivan’s decision on the exculpatory evidence may have something to do with Andrew McCabe’s firing and rumors of changed “302” forms – which is the paperwork an FBI agent fills out discussing the content of an interview.
6) The 302 reveals the content of interview as well as identify ALL PARTICIPANTS. The 1023 outlines who met who, where, when, and why.
TrumpSoldier (@DaveNYviii) January 5, 2018
Journalist Sara Carter – known of late for her access to leaks by “white hat” actors in the intelligence community, sat down with Sean Hannity in late January where she discussed McCabe’s firing and suggested “there’s indicators right now that McCabe may have asked FBI agents to actually change their 302’s”
Carter: What we know tonight is that FBI Director Christopher Wray went Sunday and reviewed the four-page FISA memo. The very next day, Andrew McCabe was asked to resign. Remember Sean, he was planning on resigning in March – that already came out in December. This time they asked him to go right away. You’re not coming into the office. I’ve heard rep[orts he didn’t even come in for the morning meeting – that he didn’t show up.
Hannity: A source of mine told me tonight that when Wray read this, it shocked him to his core.
Sara Carter: Shocked him to his core, and not only that, the Inspector General’s report – I have been told tonight by a number of sources, there’s indicators right now that McCabe may have asked FBI agents to actually change their 302’s – those are their interviews with witnesses. So basically every time an FBI agent interviews a witness, they have to go back and file a report.
Hannity: Changes? So that would be obstruction of justice?
Carter: Exactly. This is something the Inspector General is investigating. If this is true and not alleged, McCabe will be fired. I heard they are considering firing him within the next few days if this turns out to be true.
Was McCabe fired because the 302’s filed in the Flynn interview were altered as some have suggested?
Flynn, who has been cooperating with Mueller’s investigation, was forced to resign as Trump’s National Security Advisor last February after leaks from U.S. intelligence revealed he lied to Vice President Mike Pence about perfectly legal and to-be-expected conversations he had with Russian ambassador Sergey Kislyak during the transition.
If the FBI is as corrupt as a Clinton, who do you trust to investigate?
If the DOJ is as corrupt as a Clinton, who prosecutes?
Welcome to the shithole Just-Us system. The swamp creatures will take your money and your property. Thanks for playing.
“If the DOJ is as corrupt as a Clinton, who prosecutes?”
MILITARY TRIBUNALS. Trump has already declared a national emergency via executive order. Tribunals of 12 (the magic number to impose a death penalty) have been convened. They are sorting through evidence and as Q’s latest drop tells us, it’s almost showtime on this front.
Go search on the work being done to appoint new federal prosecutors and judges. Only about 50 will see tribunals they rest will go to trial through the DOJ.
I’m thinking this is why Trump increased the military budget, if he has the military, he rules.
I’m starting to think the increased military spending to to update/upgrade the military due to more than a decade of cuts by Obama and Bush before him to weaken our military. However, he is surrounded by generals so I’m sure they have big influence. A military man who isn’t pro military spending probably ain’t worth a shit to begin with.
Q told us not to worry about General Flynn. He is a true patriot and they had his back. Mueller is going to be sorry he ever went there. Flynn will be exonerated. Monuments will be built to the man when the truth of his deeds come to light.
The FBI, CIA, NSA, DOJ etc are as dirty and corrupt as they come. However not everyone in those organizations is corrupt. This is why Trump made a big show of going to the FBI. CIA, SS etc and speaking directly to the rank and file to assure them that he is going to make things right. Go review what he told them in his speeches. Patriots exist throughout government, patriots like SSS. They’ve just been marginalized and walled off in a way to render them ineffective.
6) The 302 reveals the content of interview as well as identify ALL PARTICIPANTS. The 1023 outlines who met who, where, when, and why.
Content of the interview. The agent, after the fact, writes down what he believes the target said – NOT what was actually said. Serious people document what was said, word for word – the FBI does not do this, they write down what they want you to have said.
https://grandjurytarget.com/2017/05/18/what-is-an-fbi-302-the-problematic-nature-of-fbi-agents-interview-memos/
If you are ever interviewed by the FBI, it might be prudent to always have a lawyer present, and to refuse to speak with them at all without being allowed to make and retain your own recording of the entire interview.
Safest to decline to speak to them at all.
If they have enough evidence to indict, they won’t bother talking anyway.
Do not help them convict you.
Where is Efrim Zimbilast Jounior and his FBI act ?
Growing up we all invisioned the FBI as this law enforcement organization that was the best and brightest professional people our nation could turn out . What a pity they are all now in the shadow of corruption like a Baltimore City 2 bit criminal cop …
It’s time for there budget to be slashed and staff reduced to a manageable level . Wow maybe we can find people of honor to take command ???
Interesting that Mueller filed the agreed upon protective order, which probably means he was the one seeking it. One has to ask what information they need to protect, in addition to the classified material, which doesn’t really need to be protected by an order–it’s already classified. I think that Mueller has information he doesn’t want to get out because it hurts the FBI, and not because of security concerns. The defense went along with it, but that doesn’t mean it won’t get leaked at some point. This information may give the defense significant leverage with Mueller and the judge. The judge could allow the plea to be withdrawn, and if he finds enough egregious behavior, destroy the case by finding key evidence was gathered unlawfully and excluding it. If the FBI accepts a plea to a lesser charge, you will know they screwed up.