September 12, 2019

On Tuesday, Mike Flynn’s attorney Sidney Powell argued before presiding Judge Emmet Sullivan that: 1) prosecutors should be compelled to produce Brady (exculpatory) evidence, and 2) if they fail to do this, they should be held in contempt of court. Wednesday, the motion to compel was filed unsealed, meaning we all now get the pleasure of reading it. Powell had originally filed it (sealed, I assume) on August 30.

Included in the Brady material she seeks are numerous documents, recordings, internal texts, emails and notes that the defense believes will vindicate Flynn (about time!) and also reveal the “egregious” behavior of the federal prosecutors –- Mueller, Weissmann and that sorry lot.

One thing we’re learning is that Rod Rosenstein, who oversaw the Mueller investigation, apparently played a more active role in this group of conspirators than we knew (though we suspected). My most recent commentary on Flynn included Powell’s stunning observation that Rosenstein, whose job it was to determine the scope of the special counsel probe, signed the okay for Mueller to go after Michael Flynn, Jr. That’s bad enough, but now we know more. According to 14 pages (still heavily redacted) finally obtained by Judicial Watch, when the story came out about Rosenstein talking about wearing a wire to record President Trump and enlisting Cabinet members in a plan to use the 25th Amendment to depose him, the Justice Department worked to craft a response for media inquiries, which evolved as necessity dictated.

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As Gregg Jarrett outlined on Wednesday’s HANNITY, Rosenstein reacted to the exposure of this scheme by first trying to shut down all comment. Then he crafted a “non-denial denial,” more of a deflection. Then he said he was just “joking” or being sarcastic. Then, according to Jarrett, who interviewed the President about this for his upcoming book, Rosenstein went aboard Air Force One and lied to the President. (Guess we have to wait for the book to come out to find out exactly what he said to Trump.)

Judicial Watch: Records Show DOJ Effort to Craft Response to Reports on Rosenstein Wearing Wire, Invoking 25th Amendment - Judicial Watch

Sen. Lindsay Graham, chairman of the Senate Judiciary Committee, has said he will make sure that Rosenstein and McCabe are called before the committee to answer questions about the conversations that were had about wiretapping President Trump. “To me, that is a very chilling moment in American history,” he said to Sean Hannity, “to have a conversation between the acting attorney general [and] the acting FBI chief about wiretapping the President of the United States.” And while they are there in the hearing room, Graham also wants to ask them about their apparently rigged investigation into Hillary’s private server, plus their real reasons for spying on George Papadopoulos.

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He plans to ask the question that’s been on my mind: If they had no reason to believe that Flynn was an agent of Russia (and it appears there was none), why did they talk to him anyway about the conversations he was having while on the transition team? Or, more broadly, why should the outgoing administration be questioning the incoming administration about such things? It’s really none of their business!

One important piece of exculpatory evidence Flynn’s attorney says has been withheld by prosecutors is a letter from the British embassy to the incoming national security team and to outgoing national security adviser Susan Rice, intended to warn our officials about Christopher Steele’s untrustworthiness and lack of credibility. From this document we may conclude that then-FBI Director James Comey and his deputy Andrew McCabe had been warned that British ex-spy Steele, with the aid of DOJ official Bruce Ohr, had a political agenda and had been peddling a phony “dossier.” According to Jarrett, these two should have gone immediately and informed the FISA Court that their source was bad. That’s the law, and they broke it by defrauding the FISA Court –- and by extension, the U.S. government –- to obtain a warrant not once but four times to SPY on Americans. They need to be held accountable, as anyone else would be.

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According to Sara Carter’s update, the motion that Powell filed Wednesday revealed another piece of exculpatory information: that Flynn passed a polygraph in 2016 to have his security clearance renewed. This was right around the time that he was being investigated under the pretext that he was an agent of Russia and/or Turkey, and then-Director of National Intelligence James Clapper refused to take part in the renewal process for his clearance. But Flynn got it anyway. We also learn that before Flynn met with Turkish and Russian officials, he briefed the Defense Intelligence Agency, just as he was supposed to. (He used to head the Defense Intelligence Agency.) Gen. Flynn just doesn’t seem very subversive to me.

But the documents pertaining to his briefings with the DIA are part of what has been withheld from Powell by the prosecutors. She’s seeking hundreds more pages of government records that she says have been withheld. What do you bet she gets them?

Motion To Compel Brady Material Unsealed: Flynn Took Polygraph In 2016 And Passed

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Comments 1-20 of 20

  • David Prentler

    09/14/2019 08:55 AM

    Commenting on the subject of any agreement with the Talaban.
    If one would read the Quran and the Haddith , Mohammed states that it is as a Muslim one can sign a treaty or contract with a nonbeliever [Muslim] but the Muslim is not compelled to hold up their side of the agreement. Why would anyone think that any agreement would be held up by one that is driven by their Muslim beliefs? Unfortunately this is hard to print due to it's "Islamophobic" nature, but this is fact.

  • rodney burke

    09/13/2019 02:08 PM

    if the DOJ can't produce the information or refuse, they should be prosecuted for that crime. They are lying and obstructing justice for Gen Flynn, there needs to be serious jail time for these intentional acts because there is a coverup. That much is So obvious, a rookie lawyer can see it. It'a PAST time Judge Sullivan threw the book at them. Shoot! the whole law library! There is only one reason for the withholding: they KNOW they did wrong. It's past time there was some mean ans nasty going on. Time for the gloves to come off and ...

  • Terry VanHouten

    09/13/2019 02:00 PM

    Has there ever in the history of this country been so many lies and violations of the law without penalty as there has been in the last 4 years? Are there any trustworthy people left in D.C. ? Americans are skeptical and with good reason about where our nation is headed. If by some terrible twist of fate any of the Democratic candidates ever occupy the Oval Office I cannot and do not want to imagine what this country will look like.

  • Ann Bruce Pineda

    09/13/2019 11:53 AM

    FOR YOUR EYES ONLY. Sorry to be off subject Brother Mike, but this seems to be a great victory for pro-life cause but only the beginning. It's the decision against Xavier Becerra and the "eavesdropping law". I know people want their privacy, but think of the consequences for law enforcement of such a law. I think the law Daleiden and Merritt are accused of breaking is the "eavesdropping law" which I googled. It makes it illegal to use any audio or video publicly without the permission of all those in the audio or video. It is not a federal law but Jerry Brown signed it into law in California, probably while Kamala was AG or right afterwards. It has her sweaty paw print on it. It was probably to protect Planned Parenthood but could help any number of criminals. Imagine all the cameras in stores, banks, on street corners being of no use due to this law. The law itself needs to be taken to SCOTUS. God bless you and your family.

  • Jeanne Bullock

    09/13/2019 08:20 AM

    Thank you I read your comments every morning. Praying for you and your family.
    Blessings Jeanne

  • Amelia Little

    09/13/2019 02:22 AM

    I'm not a lawyer, nor do I pretend to be one on tv--but it seems to me I have read of trial rulings being overturned because exculpatory evidence had been withheld. I don't know what happened to the prosecutors who did that--but it would seem that, if they do it once, they should be removed from their post, and if even more--should be disbarred or something. Anyway, hopefully all goes well with Lt Gen Flynn.

    I'm sure there is much to be exposed for all the illegal shenanigans against Paul Manafort and all the others blind sided by mueller and cohorts. There ought to be some recourse against the kangaroo court. Start with rosenstein who seemed to be the big skunk in the closet. Butter wouldn't melt in his mouth. I can't remember what he was giving an interview about, but he had the smuggest, my sh###t don't stink, I'll never get caught look on his face.

  • Steve Schupbach

    09/12/2019 11:31 PM


    All of this is taking far too long. The clock is ticking. Haven't the Republicans learned a single thing from the last time?

    Steve Schupbach

  • JC Holland

    09/12/2019 09:32 PM

    Rosenstein committed treason, so why still no charges from the AG?

  • Joseph D Hedrick

    09/12/2019 09:21 PM

    Why are these people not in Jail? You and I would be! These people seem to be above the law. It is time we change all of that!

  • Jerry

    09/12/2019 08:59 PM

    I would want Flynn to have his record and life restored I want the entire obama upper office holder s and cabinet members involved with the Russia Collusion debacle Clinton and all the aides have their day in court if found innocent let it go or found guilty prosecuted to the fullest extend of the law the same as all citizens of our country. The Country is waiting.

  • Gary Stilwell

    09/12/2019 07:52 PM

    There was a movie about all this - It was called "The Bourne Identity"--and all the sequels--art imitates life----

  • Elaine Liming

    09/12/2019 07:32 PM

    The Truth will come out; it is frustrating that we have to go through a process to get to the truth but I have faith that it will come out. All of this is the worst corruption we have ever witnessed but I believe the voters will demand a lot of changes from our government leaders. The time is ripe for term limits, for having our government leaders and workers in the government responsible to the people they serve, and the economics of serving and leading our nation need to become more equal. Too many in Congress end up becoming rich and have better benefits then the rest of hard working American citizens. There will be a GOOD coming out of this Corrupted Mess. Thanks for a very good summary. I believe the man upstairs is hearing all our prayers for ending this Evil but we must be more careful in our voting, become informed, and demand the rule of law must be enforced for everyone. If we want to keep our constitutional republic strong, our rights and values as citizens we must work together. United we stand; Divided we fall!

  • ray cowden witter

    09/12/2019 07:22 PM

    Please chase these political criminals to time in penitentiaries!
    Ray (Rear Admiral, USN (Ret))

  • Jim Buckner

    09/12/2019 06:54 PM

    Where did the Bible verses go???? Absolutely one of my favorite parts of your newsletter!!

  • Steve Hillier

    09/12/2019 06:53 PM

    Senator Lindsay Graham is a blowhard, he has had 3 years to call witnesses to his committee and he does nothing, but talk about what he is going to do. Get his butt in gear and do it tomorrow, and bring the traitors to task. Remember he started out as a NO-Trumper and still is, just another RINO in action trying to make himself look good.


    09/12/2019 06:45 PM

    Governor Huckabee:
    I am praying General Flynn is finally vindicated in the farce against him. I am guessing that all the players against him thought he was an easy target, but now he has a great female pit bull go after all of the liberal dumbocrats and I hope she puts them in jail for a long time.
    Carmen Price
    Reno, NV

  • Pat Lamb

    09/12/2019 06:05 PM

    Will we ever see these crooked people go to prison?

  • Christine Isom

    09/12/2019 05:55 PM

    Isn’t it time to clear Flynn, like immediately, and give him back his life, his money , his son, and his reputation!!!! He has been a patriot, and does not deserve this treatment!

  • Ronald Besse

    09/12/2019 05:32 PM

    It is really pathetic that Nadler continues to try and bring down Trump when in fact the real problem is the Obama administration players prior to and carried over into the Trump administration. My head is just spinning over how much corruption there was and I suspect still exists in the Federal Government to this day.

  • Kenneth Nicholson

    09/12/2019 04:32 PM

    It hit me today, like opening a door on a brick oven. Otasio-Cortez is wrong about cows and cars causing global warming. While walking down a city street I could feel the heat coming off the concrete and the asphalt, but as soon as I step under a tree I feel the temperature drop. Proof that concrete and asphalt cause global warming. Now all we need do is get rid of cities and no more warming.
    Don't you just love it!