When a story doesn’t make sense, it typically means there’s something we don’t know. In the seemingly never-ending case of Lt. Gen. Michael Flynn, Trump’s first national security advisor who was ambushed by James Comey (who as much as admitted it) into an interrogation without a lawyer, Judge Emmet Sullivan has ruled so weirdly that it can only mean one thing: THERE’S SOMETHING WE DON’T KNOW.

A key piece is missing.

In breaking news Monday, Judge Sullivan denied Flynn’s motions to compel the production of Brady (exculpatory) evidence from the prosecution. His lawyer, Sidney Powell, had argued that prosecutors and the FBI withheld such evidence. In a 92-page ruling, Judge Sullivan said she’d failed to prove that the FBI withheld a single piece of exculpatory evidence that could exonerate him. Well, how can she until she sees what it is?

Sullivan has scheduled Flynn to appear for sentencing on January 28.

Flynn pleaded guilty in 2017, in a plea agreement negotiated by his previous legal counsel, to lying to the FBI about his conversations with then-Russian ambassador Sergey Kislyak. It was in a meeting set up casually –- at least it was made to appear casual –- over the phone by then-deputy FBI Director Andrew McCabe at the direction of Jim Comey, who later bragged about it on video before a live audience that laughed and clapped its approval. Flynn was told that the FBI just needed to resolve a few questions about some of his foreign contacts. When Flynn asked if he should have a lawyer there, he was told, essentially, “Nah.” He said to come on by.

This happened in the White House; I imagine an unsuspecting Flynn unpacking boxes in his brand new office. For all the details of what happened to Flynn, I highly recommend Lee Smith’s book THE PLOT AGAINST THE PRESIDENT. I wonder if Judge Sullivan has read this book; at the moment, it seems not.

Anyway, Flynn pleaded guilty, apparently because he had lost his house to pay legal fees and was tapped out, and there were reports that the FBI had threatened to investigate his son. Now Judge Sullivan is basically saying, “Once pleaded guilty, always pleaded guilty.” Yes, a guilty plea is a sworn statement, and I am not a lawyer, but there just seems to be something wrong here. Even after the horrendous misconduct that has been found within the FBI by Inspector General Michael Horowitz, Flynn is not being allowed to change his plea.

In December 2018, when Flynn was originally scheduled to be sentenced, Judge Sullivan reamed him out, accusing him of selling out his country, and reportedly seemed ready to send him to prison. But he delayed sentencing to allow Flynn to cooperate as a witness in the Virginia trial of his former business partner Bijan Rafiekian on charges of illegally lobbying for Turkey (I assume this is one of those FARA violations that prosecutors used to let slide but suddenly started getting serious about). But Powell reportedly stood up to prosecutors, telling them that Flynn would not testify to “knowingly” submitting false statements, and they decided not to call him as a witness. And in September of this year, a jury verdict that had convicted Rafiekian was overturned by a federal judge, so in the end, Flynn was not helpful. That couldn’t have been good for his own case.

In his ruling, Judge Sullivan even accused Powell of plagiarism in one of her legal briefs, when she maintains she cited and linked to the brief she was referencing.

Sullivan was terse: “The court summarily disposes of Mr. Flynn’s arguments that the FBI conducted an ambush interview for the purpose of trapping him into making false statements and that the government pressured him to enter a guilty plea. The record proves otherwise.”

Here’s the story as it broke on Tuesday…

https://thefederalistpapers.org/us/clinton-appointed-judge-deals-big-blow-michael-flynn-rejects-claim-fbi-misconduct

I’ll bet Mollie Hemingway had to sit down when she heard this news. After the IG report revealed shocking misconduct on the part of the FBI, including a situation in which a lead FBI agent in “Crossfire Hurricane” was sent to “gain assessment” of Flynn and learn “Flynn’s overall mannerisms,” she wrote this in THE FEDERALIST: “So now we know that not only did the agents not detect any any signs of deception when they interviewed Flynn, but that one of the agents who interviewed Flynn had a prior baseline meeting with the retired general to assess his ‘norms.’ That same FBI agent compared Flynn’s conduct during the January 2017 interview to Flynn’s ‘norms,’ and at the time concluded Flynn was not lying.” I’ll bet she expected some leniency for him in light of Horowitz’ findings.

But Sulllivan was unmovable. So, since this doesn’t seem to make sense, what is it that we don’t know? Why couldn’t Sidney Powell get discovery of the potentially exculpatory material being held by the prosecution?

Well, whatever it is would have to be declassified. Attorney General William Barr has been given the discretion by President Trump to declassify anything he sees fit, but this material remains classified. There are still-hidden pieces of potentially exculpatory evidence that “directly relate to the prior DOJ and FBI motives in their investigation of Michael Flynn.” This is the kind of evidence Sidney Powell is seeking in her defense. But not only has Barr taken no action, he has actually gone to court to argue that he is under no obligation to provide this material to anyone, for any reason. He says that Trump didn’t order him to declassify, but just gave him the authority to do so if he was so inclined. Apparently, he’s not.

So, here’s one thing we don’t know: Why doesn’t he declassify this stuff? There are theories going around online, but I want to leave this an open question until we know more. There might be a sensible, innocent explanation for Barr’s inaction; for example, maybe he can’t declassify certain documents yet because of Durham’s ongoing investigation into FBI criminal misconduct.

Next question: If Barr won’t do it, can the President go ahead and do it himself?

Well, ponder this: The House is almost certainly going to impeach the President on Wednesday, for the laughably vague charges of “abuse of power” and “obstruction of Congress.” After this vote, if he declassifies anything, he’s almost certain to be accused of obstructing...his own impeachment. I know that sounds ridiculous, but Trump faced the same dilemma when Rod Rosenstein told him that any action he took to declassify material would be seen as obstructing the Mueller investigation. It was crazy then, and it’s crazy now. They’re trying to tie Trump’s hands AGAIN.

I suppose he could wait until the Senate dismisses the two ludicrous charges against him, and then, once it’s all over and the impeachment circus folds its flea-infested tent, declassify anything he wants. He could also pardon Flynn, with the blessing of millions, including me.

And then, the House just might impeach him again! But that threat won’t stop Trump from doing what he thinks is right, and that is one of the great things about him.

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Comments 1-25 of 61

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  • Kevin Cook

    12/18/2019 09:34 AM

    I can't wait for Trump's pardon of Flynn! :)

  • Lynn Taylor

    12/18/2019 07:39 AM

    As many Americans are, I am so disgusted with this corruption leading to the ruin of many!!
    The Mueller investigation was a ruinous & expensive farce.
    All of the crazy antics from never-trumpers higher-ups in the government swamp are just wrong; just plain evil. No regard to an American’s rights! I’m mad!!
    General Flynn needs His American brothers & sisters to make a lot of noise in his support!

  • David Colonna

    12/18/2019 07:15 AM

    What a very troublesome judicial and legal system we currently have, but this judge is a Liberal and probably part of the deep state and/or Soros paid judge. This is such a sad time for General Flynn and it seems like no one is helping him,except his lawyers, which I hope is probono...

  • Patricia Bice

    12/18/2019 12:28 AM

    Every prosecution connected to this impeachment case should be reversed . EVERYTHING connected to this case is so unfair and corrupt.

  • Ruth Ferraro

    12/17/2019 11:05 PM

    Thanks for your updated honest delivery of news! You are the best!

  • Elaine Condon

    12/17/2019 10:04 PM

    This news made me sick. I was reading an article on American Thinker about having an impeachment trial in the senate. The author wrote that SC Justice Roberts would be overseeing the trial and we couldn't be sure of how he would rule, looking back at how he ruled on obamacare. God have mercy on us.

  • Kathleen Kemmer

    12/17/2019 09:04 PM

    Tom Fitton, our FOIA champion, has said that he sees no sign of action by either Barr or Durham. One would think that if they have unraveled this fiction, that there would be indication that something is happening. I agree, I have seen no movement by Barr or Durham. I have difficulty understanding why on earth Barr has not held Christopher Wray's feet to the fire. These people are still working at the FBI AND the Justice Department (Orr). Unfortunately, Flynn and Stone will be sacrificed to the Swamp Devils. I pray for hope.

    Kat Kemmer

  • jay R Wiegman

    12/17/2019 07:58 PM

    pardon Flynn and gov needs to make his financial loss pay back and do what is right.

  • Ben Wilson

    12/17/2019 07:55 PM

    Look at who appointed Judge Emmet Sullivan and you can understand why she ruled against Flynn.

  • Amelia Little

    12/17/2019 07:35 PM

    So, because of the mueller investigation, a number of people ever associated with Donald Trump were accused of various crimes, some were found guilty. Two things I wonder about---what about when the "investigators" promise this is all off the record (big red flag--no record of what really was said) and you don't need a lawyer, then the person is hit with charges. Shouldn't there be some consequences for the "investigators" who lied to their victims? And, the second is---will all the bad players, in the real collusion, in the lying I just stated, those who lied in these hearings (we know they lied somewhere, as their stories changed) will all these people, all the way to the top be held accountable for their actions?

    The left is so laughable in that, you know they will resist anyone being held accountable. They screamed and cried about the President (who actually was following the Constitution--letting the courts decide) when he didn't go running to their inquisitions, yet shiff says (I can see his arms crossed, with a scowl and pout on his face) say HE isn't going to testify! They think that's okay. They also never had a problem with lerner, lynch, especially good ol' hil just saying they aren't going to answer a question, or "I don't know/remember." Just makes me mad that they get away with it then waste a lot of time and tax payer money going the other way against Republicans.

  • Doug Morgan

    12/17/2019 06:51 PM

    The "deep state" reaches through every thread of the government's fabric. The Congress, Senate, Judicial, the Justice Dept. and even the cabinet of the Whitehouse. Trump alone stands against it. The FBI has been known to "set up" citizens to take a fall for them. There are enough suspicious murders connected to the Clintons that should be investigated, and the lack of effective fighting the injustice of the democrats by the republicans is very suspicious. When will we the citizens and patriots of our wonderful and God Blessed country, say enough and begin to do something? Seems as though we trust our corrupt politicians to do the right thing.

    Just watched some local news and a crowd led by some college professor to demonstrate for impeachment of the president. Don 't see any on the other side even when local polls show heavy support for the president.

  • Joe Broadway

    12/17/2019 06:48 PM

    Don't worry Mr. Flynn. After the election the man will unlock the door and tell you to go home.

  • Joel D. Pappas

    12/17/2019 06:47 PM

    It looks like Judge Sullivan May be part of the deep state. His actions appear to invoke God’s law of equity to the General and the law condemnation to those who judge unfairly. The threats against Gen. Flynn’s son are telling, due to his knowledge of pedogate!

  • Elizabeth Sandberg

    12/17/2019 06:19 PM

    I hate what has happened to Gen. Flynn.
    I agree with you Trump does the right thing despite the fight. I’m betting he will do whatever he can to help Flynn.

  • MICHAEL LONG

    12/17/2019 06:14 PM

    WHY ? DID FLYNN ENTER A GUILTY PLEA IF HE DID NOTHING WRONG A LONG TIME MEMBER OF THE MILITARY A GENERAL / SOUNDS LIKE A JERK / ALL OUT TALKING HEADS ARE MAKING MONEY OFF THIS IT GOES ON AND ON WHERE IS THE GRAND JURY WHEN ARE THOSE WHO SANDBAGGED TRUMP GOING TO BE ARRESTED IT TOOK MUELLER 5 MINS TO GET A GRAND JURY STARTED BUT BRING THE CRIMINALS TO JUSTICE AFTER ALMOST 4 YEARS NOTHING BUT TALK HEARINGS REPORTS TALK AND MORE TALK MIKE LONG

  • Tim Pishdad

    12/17/2019 05:43 PM

    Americans are sick of the deep state. FREE Flynn.

  • Firewagon

    12/17/2019 05:25 PM

    "....how can she until she sees what it is?" I may be mistaken, Governor, but I think this 'judge' is a 'he' not a 'she?' Anytime it takes a judge '92' pages to say NO, you have to know they have one or more major issues: 1) They are incompetent; 2) Are complicit in the criminal enterprise; 3) Have lost the ability to read and comprehend truth because they have been afflicted with that 'Trump Derangement Syndrome' disease which leads to permanent delusion!

    Although Chief Justice Roberts has some Nirvana belief that there is no such thing as a particular 'presidential appointed' prejudicial judge, this 'judge' is one posted by the 'liar-in-chief' himself, Bill 'the rapist' Clinton.

    The Gettysburg Address consisted of only 272 words, ten sentences, and probably written on one page. This judge, with his mistaken belief, that he has sufficient information on which to 'sentence' General Flynn, is deluded and possibly corrupt!

  • Joanne Catherine Schmidt

    12/17/2019 05:21 PM

    Wow! General Flynn's lawyer seemed so sure Judge Sullivan would rule in General Flynn's favor on this that I'm shocked. Hopefully, she can appeal Sullivan's ruling.

    GOVERNOR HUCKABEE: I hope you got to see, or will get a chance to watch, One America News' (OANN) three-part investigation shown this past weekend on the Joe/Hunter Biden money laundering scheme in the Ukraine that Rudy Guiliani testified to. You can find this cable network's Facebook Page for additional showings. It's mind-boggling!!!

  • Firewagon

    12/17/2019 05:19 PM

    "....how can she until she sees what it is?" I may be mistaken, Governor, but I think this 'judge' is a 'he' not a 'she?' Anytime it takes a judge '92' pages to say NO, you have to know they have one or more major issues: 1) They are incompetent; 2) Are complicit in the criminal enterprise; 3) Have lost the ability to read and comprehend truth because they have been afflicted with that 'Trump Derangement Syndrome' disease which leads to permanent delusion!

    Although Chief Justice Roberts has some Nirvana belief that there is no such thing as a particular 'presidential appointed' prejudicial judge, this 'judge' is one posted by the 'liar-in-chief' himself, Bill 'the rapist' Clinton.

    The Gettysburg Address consisted of only 272 words, ten sentences, and probably written on one page. This judge, with his mistaken belief, that she has sufficient information on which to 'sentence' General Flynn, is deluded and possibly corrupted!

  • Michael

    12/17/2019 05:09 PM

    Is Judge Sullivan an Obama appointed judge and part of the deep state swamp ? I hope that President Trump will pardon General Michael Flynn, made to be a scapegoat of the crooked FBI and others. I hope the President pardons others who have been targeted strictly because of their association with the President.
    The Republican party needs to step it up with their righteous fight and anger against the evil Democratic party and all their disregard for our Constitution and all their corrupt socialist agenda for our Nation !!!!!!!

  • Firewagon

    12/17/2019 05:07 PM

    "....how can she until she sees what it is?" Anytime it takes a judge '92' pages to say NO, you have to know they have one or more major issues: 1) They are incompetent; 2) Are complicit in the criminal enterprise; 3) Have lost the ability to read and comprehend truth because they have been afflicted with that 'Trump Derangement Syndrome' disease which leads to permanent delusion! Although Chief Justice Roberts has some Nirvana belief that there is no such thing, this 'judge' is one posted by the 'liar-in-chief' himself, Bill 'the rapist' Clinton.

    The Gettysburg Address consisted of only 272 words, ten sentences, and probably written on one page. This judge, with her mistaken belief, that she has sufficient information on which to 'sentence' General Flynn, is deluded and possibly corrupted!

  • Paul Kern

    12/17/2019 04:33 PM

    I smell a rat. It seems like the Deep Swamp has its hands in everything. It's possible that the judge may be a part of it. It's not new that many judges are leftists and judge by the latest change in wind direction. It may take many years or not at all to uncover all as many are crawling in deep holes.
    I may be wrong but I trust nothing that comes out of the courts when it concerns FBI, DOJ or any of the other alphabet agencies.
    I do trust God and pray that He will bring all to light in due time

  • Steve Strickland

    12/17/2019 04:21 PM

    Flynn needs to appeal his case to Supreme Court, the bureau acted secretly and illegally, no Miranda Rights during questioning!

  • P.E.M.

    12/17/2019 03:29 PM

    Psalms 9:9-10 The Lord also will be a refuge for the oppressed, a refuge in the times of trouble. And they that know thy name will put their trust in thee : for thou, Lord, hast not forsaken them that seek thee.
    My vote is to pardon Flynn.
    I once watched this movie, that the female in the movie, could hear every thought, to whom she came in contact with. But in really life, God knows our every thought . Would love to have a sign up during this impeachment! Praying for President Trump. A senior!