Posted on August 30 2019
Дорогой Майкл, оставайся сильным
Dear Michael, Stay strong
The long and vexing conundrum that is (ret) LTG Flynn. Over the course of the nearly two year saga - like many of you, I found it a difficult task of keeping abreast of the many turns and whiplash inducing “he said what now” moments. All while exercising a copious amount of self restraint. Making every effort not to allow my personal distain and animus seep in any of my writings. Granted I’ve never hidden my thoughts about Flynn Sr and Flynn Jr, both of whom I find to be loathsome and present a serious National Security risk.
As the weeks turned to months and the months turned to years a clear picture came into focus. A portrait of a man who clearly put money above the Country he spent decades serving. When the political rancor escalated, I made every effort to stick to facts, as written in Court filings or proffered by the 116th Congress, by way of numerous committees. Yet with the public release of every new document - the facts upon facts explaining Flynn’s stunning fall from grace. Before we discuss today’s Joint Status Report (JSR) you may find this August 12, 2019 blog entry informative.
As you know on August 21, 2019 the Court Ordered the parties to file a JSR by August 30, 2019. Moreover the Court itemized four areas to be addressed in the parties:
The joint status report shall advise the Court of the following:
(1) the status of Mr. Flynn's cooperation;
(2) whether the case is ready for sentencing;
(3) suggested dates for the sentencing hearing, if appropriate; and
4) whether there are any issues that would require the Court's resolution prior to Mr. Flynn's sentencing
Of course many could have predicted what today’s JSR would say. Given when Flynn made the unusual move to hire new counsel that was a clear seminal moment, that not all was well between Flynn and the Government. In yet another sign that Flynn and the Government deepening irreconcilable differences:
This May 17, 2019 blog entry - I drilled down on the Mueller Report abs highlighted the many Flynn references. I also left you an Easter Egg, it was Barbara Leeden’s March 2019 tweet
In early July of 2019 - that’s when we knew that the Flynn trained had officially jumped the tracks and ate the shark. Specifically I stated the following “if you are asking me - what was the catalyst? Easy I now refer you to document no 261 - Notice of Correction(by the Government) also found on my google drive, here.”
Therefore today’s JSR really should not come as any surprise. And sure let’s take the prerequisite effort to deconstruct Flynn’s position before I shred his response to the bone marrow. Starting on page one, last paragraph. This is what I would coin as the Flynn & Government: “no I am breaking up with you” to wit the Government responds “no I broke up with you” irreconcilable tête-à-tête
Moving on to pages 2 and 3 - I’d coin this as Flynn going pure Q-Anon - I want you to understand what the defense strategy is make wildly inaccurate statements with the expressed goal of giving the Court pause before the Court Orders an actual date for Flynn’s Sentencing. This is horribly misguided and Flynn may have in fact over played his hand. Moreover Flynn’s new attorneys made this assertion but offered nothing in the way of substance therefore rendering paragraph four wholly without merit.
There are serious issues to be addressed by the Court before we can
proceed further. First, the government continues to deny our request for security clearances. Our attempts to resolve that issue with the government have come to a dead end, thus requiring the intervention of this Court.
Now Turing to page 3 where Flynn’s new attorneys overtly accuse the government of a Brady Violation. I’ve previously discussed Jenks (1957), Brady (1963) and Giglio (1971) at length, found here. These aforementioned cases are the bedrock of evidence. What Flynn is asserting here is beyond offensive, he is stating to the Court that the Government has engaged in Prosecutorial Misconduct. Explicitly stating the Government is or has withheld exculpatory evidence and offers zero foundation to corroborate their “claims” - it’s not just offensive, it is wildly egregious. And I would argue is without merit. Flynn’s new attorneys should be ashamed of themselves. Although the fact Flynn’s attorneys used the past tense: “held the highest security clearance” (emphasis added) is oddly satisfying.
Our client held the highest security clearance the government provides. We know—but not in any detail because of our lack of clearance—that he briefed and debriefed the DIA about his foreign contacts and travel. All that material is relevant to the charges against him, and it is most likely Brady material to (emphasis added)
Although if I’m going to be intellectually honest, I am absolutely delighted that Flynn’s new attorneys proffered the DIA brief and debriefing. Much more on that because I’m not only going to eviscerate Flynn - I’m going to knuckle-drag him with nothing but facts. With respect to Flynn’s assertion of the DOJ-OIG “Reports” yes plural. Keep in mind the only outstanding DOJ-OIG Report is: Investigation in to the “origins” of the Russia probe. Furthermore Flynn seeks a 90-day delay - you do understand that Flynn is hitching his wagon to the various DOJ-OIG reports. Therefore the questions folks should ask, in no particular order of importance;
How does Flynn know about the multiple “reports”?
How does Flynn know “will include large a classified section?
Who (besides Barr) in the DOJ and.or DOJ-OIG is giving Flynn this information?
Is Flynn or anyone in Flynn’s universe having discussions with DJT?
The Inspector General of the Department of Justice has completed one or more relevant reports that include classified sections, and he is completing additional reports that reportedly will include a large classified section – a significant portion of which will almost certainly relate to Mr. Flynn. We must have access to that information to represent our client consistently with his constitutional rights and our ethical obligations.
Which now brings us to the Treason-Trifecta, on page 3, last paragraph Flynn’s new Counsel actually asserts that Flynn’s January 24, 2017 FBI 302 was edited after the fact. I have previously drilled down on Flynn’s FBI 302s, the John Dowd voicemail and Flynn sliding into Rep Gaetz’s DMs, which you can find here. Again Flynn offers zero facts or substance to support this outlandish claim.
Unsurprisingly the Government’s portion of the JSR (Pages 4 and 5, respectively) pretty much lays the fact-hammer down and with perfectly calibrated precision pushed back hard on Flynn’s assertions. Admittedly it is refreshing to see the Government Prosecutors deliver such a strong response.
Accordingly while I was in the midst of editing this blog entry the Court issued this minute order, scheduling a status conference for September 10, 2019.
Flynn, DIA, DOD, Emoluments & OverSight
Since Flynn opened the DIA briefing and debriefing door, lets go ahead and cross the threshold. Again I will limit my opinions and endeavor to only provide you with actual facts. On April 27, 2017 (then) the House OverSight Committee, ranking Member Rep Cummings released various DOD and DIA documents concerning Flynn, Emoluments and Foreign Contacts.
On October 8, 2014, from the Defense Intelligence Agency (DIA) Office of General Counsel explicitly warning Flynn, as he entered retirement, that he was prohibited by the Constitution from receiving payments from foreign sources without advance permission:
And while some haven’t asked but the way I read pages 4 and 5 of the DIA letter to Flynn - I am genuinely curious to know if Flynn violated Section 8 -Additional Restrictions and Reminders who prohibits (life time ban) of retired US Military officers from “disclosing personnel information, national security matters” - did Flynn share any information with Putin?
Emoluments Clause of the U.S. Constitution, article I, section 9, clause 8, as interpreted in Comptroller General opinions and by the Department of Justice Office of Legal Counsel, prohibits receipt of consulting fees, gifts, travel expenses, honoraria, or salary by all retired military personnel, officer and enlisted, regular and reserve, from a foreign government unless congressional consent is first obtained.
Subsequently thereafter the Defense Department produced to the “Oversight Committee an unclassified, redacted version of a letter that DIA originally sent to the Committee in classified form on April 7, 2017 and let’s not forget about the April 11, 2017, the Inspector General of the Department of Defense sent a letter informing the Oversight Committee that it has now launched its own investigation into Flynn, Foreign emoluments and other Conduct :
“This office has initiated an investigation to determine whether Lieutenant General (LTG) Flynn, U.S. Army (Retired) failed to obtain required approval prior to receiving any emolument from a foreign government.”
All of which was in response the following actions by the 115th Congressional House Democrats. And yes I know some of you are sick of me pointing to various Congressional Letters - but they serve, now more than ever a critically important role. Theses “letters” are meant to create an actual record while contemporaneously preserve records. Which I’d argue that many of these letters & subsequent documents/responses will undoubtedly be used as part of the impeachment record.
*February 2017 letter to Flynn’s Speakers Bureau, requesting invoices, checks and other documentation regarding Flynn’s December 2015 Russia Today visit.
*March 2017 production of payments/checks/invoices related to Flynn’s December 2015 Russia Today trip & speech.
March of 2017 - when House Democrats sent the following 11 page letter to White House, Secretary of Defense, and FBI Director Comey regarding Flynn’s Emoluments Violation
*speaking of Russia Today, I happened to stumble upon an August 16, 2016 Washington Post & Flynn Interview whereby Flynn actually likened Russia Today is “just like CNN” - I quadrupled Check because the first three times I read the transcript of this long forgotten interview - I may have tilted my head towards the sky and released a litany of Fsss
PRIEST: Then relations got put on hold because of Ukraine?
FLYNN: Not really. People say because of [Russia’s invasion of] Ukraine [but] at the same time we’re dealing with Russia on Iranian nuclear weapons. So when people go, “Ukraine and Russia is bad,” but at the same time we’re sitting down with Russia on giving the lead state sponsor of terror a pathway to a nuclear bomb and $150 million.
PRIEST: You saw the relationship with Russia as potentially good for the U.S.?
FLYNN: No. No. I saw the relation with Russia as necessary to the U.S., for the interests of the U.S. We worked very closely with them on the Sochi Olympics. We were working closely with them on the Iranian nuclear deal. We beat Hitler because of our relationship with the Russians, so anybody that looks on it as anything but a relationship that’s required for mutual supporting interests, including ISIS, … that’s really where I’m at with Russia. We have a problem with radical Islamism and I actually think that we could work together with them against this enemy. They have a worse problem than we do.
PRIEST: Tell me about the RT [state-run Russian Television] relationship?
FLYNN: I was asked by my speaker’s bureau, LAI. I do public speaking. It was in Russia. It was a paid speaking opportunity. I get paid so much. The speaker’s bureau got paid so much, based on our contract.
PRIEST: What was the gig?
FLYNN: The gig was to do an interview with [RT correspondent] Sophie Shevardnadze... I was asked to talk about radical Islam in the Middle East. They asked me to talk about what was going on in the situation unfolding in the Middle East. … The speaking agreement was done before Russian went into Syria, which was actually more interesting to me because … The statement that I made was actually: “Russia ought to get Iran to back out of the proxy wars they are involved in,” to include Syria, so we, the rest of the international community, could settle this situation down.
PRIEST: Have you appeared on RT regularly?
FLYNN: I appear on Al Jazeera, Skye New Arabia, RT. I don’t get paid a dime. I have no media contracts. … [I am interviewed] on CNN, Fox …
PRIEST: Why would you go on RT, they’re state run?
FLYNN: Well, what’s CNN?
PRIEST: Well, it’s not run by the state. You’re rolling your eyes.
FLYNN: Well, what’s MSNBC? I mean, come on … what’s Al Jazeera? What’s Sky News Arabia? I have been asked by multiple organizations to be a [paid] contributor but I don’t want to be.
And lastly he stood on the stage of the RNC convention and lead the chants “lock her up” all while Flynn lied about his foreign emoluments...
...so spare me the indignity of trying to argue that Flynn is the victim or that he’s a “true patriot” he is none of these. He put his personal greed and quest for power above his Country and I’d argue that irrespective of Flynn’s Plea Agreement that he has vacillated in “accepting full responsibility of his actions”.
Because I’d like to remind you that this is only a scintilla of what we know Flynn did:
Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., pleaded guilty on Dec. 1, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.”
At any rate I’m unplugging over the holiday weekend -so I might be MIA for large periods of time. As I’m currently researching a certain Steel Company who has a serious OSHA file and more lawsuits than I have highlighters - which means it’s taking me an ungodly amount of time to read all the filings. Until latter I hope you and yours have a great Labor Day. -SpicyFiles Out
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