September 11, 2019

Remember Jim Comey’s meeting at the White House on February 14, 2017, that ended with Trump saying something like “Mike Flynn’s a good guy --- hope you can go easy on him,” and how that innocuous statement was later blown up by Comey into a huge obstruction of justice case and cries from the media and congressional Democrats of “Impeachment, impeachment, impeachment”? It happened when then-FBI Director Comey, hoping to spark a special counsel investigation of Trump –- which subsequently happened, with his close colleague Robert Mueller in charge –- leaked his notes of the conversation to “a friend” (actually someone who had worked with the FBI and whom the crafty Comey later hired as his own attorney) who leaked them to The New York Times.

Well, guess what. On the day Comey had that exchange about Lt. Gen. Michael Flynn with the new President, he already knew that Flynn had been exonerated of any inappropriate contact with Russia. In fact, Comey had known for the previous two weeks that Flynn was cleared. The whole investigation of Flynn and Russia had turned out to be based on nothing. And so Comey naturally informed President Trump that Flynn’s contacts with Russians had all been innocent.

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I’m kidding, of course. That’s what he should have done. But Comey didn’t tell him anything of the sort. He withheld this information from the President and pressed on with the “case” against Flynn.

As it turns out, a January 31, 2017, Justice Department memo exonerates Flynn. Flynn’s attorney, the superb Sidney Powell, knows of this memo’s existence, but as of Tuesday it still had not been turned over to her. According to investigative reporter Sara A. Carter, it’s under “protective order,” and Powell is working with prosecutors to get it disclosed, along with a big stack of other Brady (as in, exculpatory) material. How is she supposed to defend her client if they won’t turn over material as important as this?

U.S. District Court Judge Emmet Sullivan presided over Tuesday’s hearing and set December 18 as the day for his sentencing. However, that date is extremely tentative; in the eyes of the judge, the turnover of Brady material takes precedence over Flynn’s plea agreement. His sentencing hearing can always be postponed.

You might be surprised that, given all this, Powell has not advised Flynn to change his guilty plea. But here’s the good news: She’s planning to hit even harder, by seeking to have the case dismissed entirely for “egregious” prosecutorial misconduct and the withholding of exculpatory material.

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As Powell argued before Judge Sullivan on Tuesday, Flynn would never have pleaded guilty if the government –- specifically, prosecutors on the special counsel team, led by Andrew Weissmann –- had fulfilled their obligations under the Brady Law and turned over their exculpatory material.

Recall that in late August, Inspector General Michael Horowitz released a blistering report on Comey’s leaking of his “personal” memos detailing his conversations with the President. That was not his material to share; it was work product and property of the Justice Department, arguably classified. Comey violated FBI policy, and Horowitz even issued a criminal referral, which Attorney General Barr chose not to pursue, at least at this time. But now we know there was more to it: Comey’s decision not to inform the President that they already knew Flynn was cleared.

The timeline here tells us a lot…

Month of January –- stories about Flynn’s conversations with Russian ambassador Kislyak leaked to Washington Post..

January 30 –- Justice Department memo clears Flynn of improper contact with Russia.

Early February --- follow-up with Washington Post.

February 13 --- Trump fires Flynn over controversy from stories in the media.

February 14 --- Comey meets with Trump; talks about Flynn but DOESN’T TELL TRUMP about Flynn being cleared.

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This means that with the notes Comey wrote and planned to leak, he was setting up Trump for a charge of obstruction on a case that he’d known for at least two weeks was bogus.

So, what are we left with? We have Comey’s original set-up of Flynn, which we know he personally put in motion because he later bragged about it in front of an audience. (New York City, December 9, 2018. We’ve all seen the video.) Even the purported reason for approaching Flynn, first suggested in a memo from Sally Yates at the DOJ, was ridiculous: possible violation of the Logan Act. (This is a centuries-old law that literally no one gets prosecuted for, and for Flynn, as an incoming national security adviser, talking with the Russian ambassador was perfectly appropriate.) Then Andrew McCabe told him on the phone that the questioning would be casual and that, no, he wouldn’t need a lawyer. It was a big set-up. And after setting him up, they charged him with lying to investigators even when the questioners saw no evidence of deception.

If you’d like more detail, Sara Carter lays out the whole thing…

Sidney Powell appeared on Tuesday’s HANNITY to give a progress report on her defense of Flynn, and it’s really encouraging. This is a man who served his country for 33 years, and he was treated shamefully by the Obama Justice Department.

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Powell had more to tell; in particular, that the special counsel knew at least as early as November 15, 2017, that Comey had orchestrated that “ambush” interview of Flynn but hadn’t disclosed this piece of exculpatory evidence to the defense until just four days before Flynn reaffirmed his guilty plea in front of Judge Sullivan.

She reiterated the fact that the prosecutors still have not turned over the full DOJ memo exonerating Flynn, among other things. Flynn’s defense has been given only a three-line summary of that statement. They’d better give Powell the goods; a hearing on her motion to compel production of evidence and also her motion to hold them in contempt is set for October 31.

In closing, here’s one more bombshell, in Powell’s exact words: “We know that Mr. Mueller got a letter from MR. ROSENSTEIN [emphasis mine] that allowed him to target Michael Flynn, Jr. And there was significant pressure put on Gen. Flynn to enter a guilty plea while they were hiding all the evidence that showed he had not been an agent of Russia, that there were no Logan Act violations.”

“...Stay tuned, because more and more will become apparent as we proceed through the litigation.”

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Comments 1-25 of 37

  • Michael Thompson

    12/16/2019 03:25 PM

    The Great Syndey Powell. Plagiarist extroidinaire!!

  • Michael Thompson

    12/16/2019 03:22 PM

    The most-pro-Brady judge on the Federal bench rejects convicted felon Michael Flynn's argument that there was exculpatory evidence withheld in his case. That's because he's guilty; just as he plead. We'll probably hear more deep-state crap from Huckabee. Why can't he just say he wants Trump and his cohorts to win no matter what laws have been broken?

  • Linda Rhodes

    09/17/2019 02:08 PM

    There is so much corruption in the CIA, DOJ and the FBI, and former presidents they all need to be replaced and sent to prison. As a private citizen we would be locked up and the key thrown away.

  • Marchia Kay Forber

    09/13/2019 08:04 AM

    I would contribute to the cost of Flynn's defense
    gladly . Directly not through an internet one
    that subtracts a fee.

  • Torpy Skinner

    09/12/2019 12:08 PM

    "The truth shall prevail!"
    "Thanks be to God!"

  • James W Phillips

    09/12/2019 11:54 AM

    Mike, I thank GOD for your wise reporting to America about so many, many things. You has some good training from SWBTS in honesty and integrity...and they agreed with your Godly parents!
    In HIS grip,
    J. W. 'Bill' Phillips
    NAMB- retired

  • Janelle Owens

    09/12/2019 11:34 AM

    Go Atty Powers. Prove Gen Flynn is a good man and I hope he gets awarded millions. Mr Huckabee, you explain it perfectly. Love you all.

  • James Mark Huey

    09/12/2019 09:42 AM

    The number of violations is growing by the hour. I only hope that Trey Gowdy's description of Lady Justice wearing a blindfold is true for ALL citizens of the United States. So far however, this doesn't appear to be true. This has to be the most egregious violation of justice EVER seen in America to date. The Deed State has to be exposed for what it is, an attempt by senior government officials and agencies to overthrow our form of government. Hopefully, AG Barr will uncover all of the conspirators and bring them to justice, destroying the Deep State!

  • Barbara Yeoman

    09/12/2019 09:36 AM

    I hope Michael Fynn gets back his reputation and all financial lose.

  • William Thatcher

    09/11/2019 09:32 PM

    Better not mess with Sidney Powell. She is one super intelligent woman, and I would not want to be facing her in ANY court, not even a tennis court!!! Guard your jugular vein(s)!!! Go Sidney!!!!

  • Sharyn Ross

    09/11/2019 05:40 PM

    This information is beginning to sound like a John Clancy novel. How can something seem so fictional in this day and age. Conspiracy theorists must be having a field day. Justice will prevail. This will all make a great documentary or movie someday.

  • Jerry

    09/11/2019 05:17 PM

    The Obama Admin. was filled with people of low life character the only thing they have in common is they have is nothing of value. The NYT CNN MSNBC have the same characteristics like the Obama Admin. the Mafia had a better rating than the Obama crime syndicate I didn't have any ties to the Mafia; except I was a Union member (required) in order to work at the time. My point is Obama and the Media have the DNA of the Maggot although the Maggot will clean the garbage up making it useful,Obama and the Media are missing that part of the Maggots DNA thus making them useless and just well Gangsters. Is there another Elliot Ness out there we need you.

  • Dan Broughton

    09/11/2019 04:40 PM

    Mike, Thanks so much for your persistent coverage of the General Flynn matter. He is a good and decent man whose life has been destroyed by crooked DOJ personnel. I'm wondering if there's ever been any type of fund established to allow American patriots to assist Gen. Flynn in recovering from his financial ruin. I, for one, would certainly contribute to such a cause.
    Blessings, dan

  • James Burns

    09/11/2019 03:24 PM

    What an indictment upon the Democratic Party and the Deep State that orchestrated this who sorry mess. We were living in a bubble before President Trump burst it and showed the true corruption in Washington. It's rotten to its very core and that includes a number of conservatives as well (i.e. Never Trumpers). Sad times but then these are the last days so it shouldn't surprise us.

  • Nancy

    09/11/2019 02:18 PM

    Go Sidney! I would add entrapment to the charges against Comey. He laughed about Flynn not having his lawyer with him when the FBI were talking to him. Travesty what they did to this honorable man

  • Thomas Odom

    09/11/2019 02:09 PM

    I'm glad Gen. Flynn is finally getting the justice he deserves. I hope he is cleared of all charges and I would love for the judge to make Comey and his bunch pay for all of his defense expenses and I believe he is entitled to compensation for dragging his name through the mud the way they have. In fact I think everyone from Obama on down should have to contribute to the pot.

  • Omega 2

    09/11/2019 01:45 PM

    At least now GEN FLYNN has an intelligent and honorab le Attorney to EXHONORATE HIS FALSE CHARGES BY " COMEY'S " CROOKED F B I!

  • Susan johnson, m.d.

    09/11/2019 01:29 PM

    Perhaps he should replace Bolton?

  • grace bryson

    09/11/2019 01:16 PM

    but trump and americans that voted for him have no justice throughout the Russia hoax and criminals from clinton to comey laughing and walking free. WHY DIDN'T TRUMP HIRE SIDNEY POWELL OR SOMEONE LIKE HER RATHER THAN REPEAT REPEAT REPEAT HIRING INSURANCE POLICY SESSIONS, COMEY'S TWIN WRAY, JOHN KELLY, LADY DACA, AND SWAMP BARR? the only good smart hires he made was Sanders, Pompeo, Carson, Bannon and Bolton. Firing and humiliating Bolton has put me off trump as much as when he fired Bannon. BANNON WAS 1/2 THE REASON HE WON. I AM DONE W/ TRUMP AND HIS HOLLYWOOD TWEETS

  • Vernon Thompson

    09/11/2019 12:58 PM

    Will we ever see justice served?
    Will we continue to witness a two-tiered justice system that favors the powerful elites and anyone remotely associated with the Clintons?

  • Dolores

    09/11/2019 12:55 PM

    I think we all knew that Gen. Flynn was railroaded but the jackals were barking so loudly no one could hear the voice of reason. We all knew that Mike Flynn fell on his sword to protect his son and family, and for no other reason. Now it’s payback time. By the way, I have a new joke for everyone: when a misguided person tries to flip you off with a fake factoid, just snort and ask, “Where did you hear that? On CNN?”

  • Thomas H Nienburg St

    09/11/2019 12:33 PM

    We’re dealing with the devil & his agents and we know the devil is a liar from the beginning.
    I feel bad for Gen. Flynn but he should have known better& brought a lawyer with him. Thanks for laying this out for those of us who don not get the details we are entitled to
    Thomas H Nienburg Sr

  • MIldred Stepp

    09/11/2019 12:27 PM

    Gen. Flynn should be cleared of all charges. His good name and reputation restored. The DOJ should be charged with full reimbursement of all finances used in his defense. And Comey and McCabe should face criminal charges.

  • April G

    09/11/2019 12:18 PM

    I come from generations of Americans that have served this country in the military. And this Flynn case is what I will be showing my children and grandchildren if they ever tell me that they want to join the military. I would tell them to join the government as a civilian worker instead because unfortunately it will be people that have never served their country in a military uniform that get away with the most injustices and are held to to a lower level of justice while military men and women sacrifice too much and are held to a higher level of scrutiny. It is sad that a man like Flynn that has spent most of his life and career serving his country, walking the straight and narrow line and meanwhile you have people that are civilian politician that could never walk that straight and narrow of a line. The multiple drug tests that military members have to take would get rid of most of the civilian politicians in one day! If Trump wants to really wants to clean house , mandatory drug testing ALL politicians that collect a taxpayer salary just as often as the military members would be a good start. There also needs to be a counter investigation task force for the politicians kind of like the NCIS is for the military.

  • Suzanne Utts

    09/11/2019 11:55 AM

    Comey, Comey, Comey. Traitor, Traitor, Traitor. What is the punishment for high treason? Hanging. Give him a hemp necktie and a new deck with a trapdoor. Require the traitorous mainstream media to be there IN PERSON to cover it and require it be broadcast on the nightly news. The frightening example of that will be a great deterrent for at least 2 generations.

    After it is all over, give Flynn every accolade, medal, raise and restoration of lost income from being so unjustly treated that he deserves.