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Flynn the man, the myth but not a legend

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Posted on December 19 2018

You primer from earlier this year, when question began to swirl if Flynn was cooperating, remember at the time various newspapers reported that on the stage of Trump’s inauguration Flynn was texting with a business partner, found here. And then of course my shortest blog entry ever, found here, because Flynn Jr needs to seriously STFU. Or at the bare minimum he needs to stop tweeting about Pizza-Gate, QAnon or the Trump administration. Why? Because if you didn’t know Flynn Jr served as Flynn Sr’s de facto Chief of Staff, there was an awkward embroil regarding Flynn Jr joining the Trump Administration, specifically Jr obtaining a TS/SCI clearance 

 

Just to be clear none of this gives me pleasure, the fact is Flynn spent decades in Service to our Country. Arguably with honor and distinction. Notwithstanding yesterday’s hearing was like a slow moving train wreck for those in and out of the Courtroom. Largely catching Flynn’s Defense team and Special Counsel Mueller’s team of Prosecutors off guard.

But for some of us it wasn’t much of a suprise, those who follow my twitter account know when Flynn’d defense counsel filed their sentencing memo I said, bad. Very very bad. Blaming the FBI and intimating potential prosecutorial and investigator misconduct isn’t prudent. It was for a lack of better terms, a shit-show that could make the Judge react in-kind, or simply re-read the December 11th twitter thread below:

 

 

Mike Flynn 2016 RNC Convention

Of all of Flynn’s mendacity it’s this particular vulgar performance at the 2016 Convention, where he lead the crowd in the chants of: #LockHerUp and sure I know other news organizations and/or reporters won’t say it, but I’m a rabble rouser, this disgusting display of vitriolic rhetoric, the single most unAmericam & unPatriotic pernicious reckless bullshit.

Think about it, there stood Flynn on a National Political Stage, leading the chants of #LockHerUp absent the Constitutional Rights, such as due-process, equal protection, a fair and impartial trial. I mean who needs any of these rights? For the Republican Party to not only endorse but to fully embrace this kind of disgusting rhetoric shows all of us how far this party has debased itself. The Republicans willingly nominated a thrice married, father of five children (that we know of) from three different women, who bragged about grabbing women by their ____and had no less than eighteen women saying he had sexual harassed or assaulted them. Yes my friends the Rule of Law party. The same party who’s spent the better part of 2+ years attacking and smearring OUR FBI and Justice Department. Yes the same party who believes they are the Party of Lincoln and Reagan...I’m,going out on a limb and saying they are both spinning in their graves. Behold the Trump-GOP where selling your dignity, ethics and fiscal conservativism is no longer a priority. No Trump has lowered the once serious political party to the deepest, foulest and corrupted party that I’m pretty sure Putin laughs every time he reads one of the Trump twitter screeds. After all our Constitution and Rights shouldn’t be up for sale. Yet there stood a once venerable Military Officer leading the chants.

Article III, Section II, Clause III of the Constitution:

Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed 

Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 

Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense

14th Amendment:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Department of Justice OIG Report Stzrok & Page

 What happened next is a chain of events that came at a dizzying pace that even I struggled with keeping up. Which is odd given my propensity to guzzle Monster Energy Drinks with a chaser of Expresso. The fact this short DOJ-OIG report didn’t see a lot of media attraction was a bit unsettling but then again the news cycle during this unbearablely chaotic Trump-Regime it’s almost impossible to keep up. That said the day the DOJ-OIG Report was released I made sure my followers had a link and opportunity to review it. The net net is this report all but obliterated the MAGA-QAnon disinformation campaign, which predicatably closely mirrored both Manafort and Russia’s disinformation campaign to attack and undermine the Institutions of the DOJ and FBI, see twitter thread below:

 

 

 

What you may NOT have noticed is in the Special Counsel’s response to Flynn’s December 11, 2018 filing, the SCO at no time reiterate their previous position of “zero incarceration”, yet they did reiterate their previous assertion that Flynn gave “substantial assistance”

 

  

And as many docket wonks and watchers know, then came a flurry of filings but specifically Judge Sullivan ordered the SCO to file the redacted FBI 302 of the January 24, 2017 interview of Flynn at the White House. This was both stunning and unprecedented, because it’s rare that the FBI would release this kind of granular information during what appears to be an ever broadening criminal and counterintelligence Investigation. Even though the Flynn 302 had numerous redactions, it was still stunning to read the contemporaneous notes of the FBI agents. But one point was immediately clear to me, not only did the FBI give Flynn multiple chances to tell them the truth, these FBI agents also “prompted” Flynn’s memory. 

 

 

Specifically on page 5 and 9 of Document No 62-1 you’ll note that Flynn disclosured to the FBI agents he had a “closed door meeting with Ambassador Kislyak” and the very next section of the 302 is redacted. Again the FBI agents have Flynn chance after chance to come clean, these agents went so far as to “jog” Flynn’s memory, specifically about a December 22, 2016 telephone conversation Flynn had with Kislyak. To wit Flynn responded:

‘Yes, good reminder”

December 17, 2018 Sentencing Hearing Transcript  

For this section of this entry I am going to walk you through the Sentencing Hearing, because reading the transcript I can actually pinpoint the precise moment the hearing took a hard turn, thus leaving Flynn, his defense counsel and arguably the SCO in complete befuddlement. 🚨spoiler alert🚨of COURSE it was Flynn’s own sentencing memo (again remember at the time of Flynn’s Filing I said, oh dear...that’s going to offend the Judge) but I didn’t have any way to predict how much Flynn’s Filing would throw his sentencing hearing into a bit of chaos. I didn’t realize the Government had uploaded a sealed document shortly before the sentencing hearing commenced. 

 

I don't want to unintentionally say something that should not be revealed on the public docket. There's a new document that was filed at 10:19 this morning. The government filed a sealed motion alerting the Court that it inadvertently omitted one document from the government's in-camera production.

defendant received this document from the government on November the 8th of this year.
The Court received and read the document before I came on the bench. Does the defendant have any concerns about this inadvertent omission before this hearing proceeds or otherwise any objections?

 

From the transcript it’s fairly easy to conclude that Flynn’s sentencing memo was in fact the trigger and the Judge clearly took umbrage to what Flynn’s filing, because he clearly called into question the integrity and professionalism of the FBI agents. This occurred almost at the beginning of the hearing or shortly thereafter. I now refer you to pages 6 and 7 of the Transcript.

The Court explains why he ordered the SCO to file a redacted 302 and then further explains what in Flynn’s Filing caused concern. As previously discussed not only did Flynn imply misconduct of the FBI agents and then Deputy Director McCabe, I’d go further and say Flynn made a gross misrepresentation of what the 302 detailed and what it did not. To make matters worse (and I didn’t catch this at first, it was the second time I re-read the Transcript when I caught the

 

He also states that he has, quote, frankly acknowledged, end quote, that, quote, his actions were wrong and he accepted full responsibility for them, end quote. At the same time, however, Mr. Flynn focuses much of his memorandum on certain, quote, additional facts, end quote, regarding the circumstances surrounding the January 24, 2017 FBI interview at which Mr. Flynn admittedly lied about several topics to the FBI agents.

Mr. Flynn contends that such additional facts, quote, warrant the Court's consideration as it evaluates the seriousness...He implies that he was unguarded because he did not receive a
warning and was not represented by counsel.

 

I’d actually go a step further, by saying Flynn’s flagrant misrepresentation of what the 302 said may have been his own undoing. In Flynn’s filing he not only opened the door to add the 302 into the record but he also implied that the SCO may have engaged in prosecutorial misconduct, specifically a potential Brady violation. And just to be clear the FBI agents did in fact ask Flynn if he wanted a lawyer present, specifically the White House Counsel and at no time did the SCO engage in any untoward behavior, so Flynn’s 11th hour filing was a cheap intellectually dishonest filing.

Mr. Flynn cited a January 24, 2017 FBI memorandum and an August commonly referred to as a 302...August 22nd, 2017 FD-302 without providing copies to the Court. Mr. Flynn did not cite or quote the FD-302 prepared immediately after his interview. These documents were not otherwise in the record.

Mr. Flynn's briefing concerned the Court, as he raised issues that may affect or call into question his guilty plea, and, at the very least, maybe his acceptance of responsibility.

 

If you understand the totality and potential ramifications Flynn’s Filing caused the Court and the potential adverse impact on the Prosecution, then you wouldn’t say Judge Sullivan’s comments were intemperate. Based on a reading of yesterday’s hearing transcript  it’s clear from almost the very beginning of the hearing the Judge, based on Flynn’s filing and insinuations both directly and implied the Judge had several areas of reasonable concern. The fact is the Judge IS the boss in their Courtroom. A few things to consider, for example, if the Judge had not conducted the series of subsequent questions there’s a strong likelihood that Flynn could have withdrawn his plea, argue ineffective representation...in simpler terms, Flynn could have pulled a Papadopoulos and we all remember how well that went, right?

Moving along to pages 8 and 9 of the Transcript, what wasn’t widely reported is Judge Sullivan offered to appoint a second counsel for “Flynn to seek a second opinion” and specifically asked Flynn if he would like to withdraw his plea and made a point to ask Flynn if he “was satisfied by the service provided by your attorneys”:

“...appointed an independent attorney to speak with a defendant, review the defendant's file, and conduct necessary research to render a second opinion for a defendant. Do you want the Court to consider appointing an independent attorney for you...”

 

Unsurprisingly the next portion of the hearing, and detailed on pages 10 and 11 of the Transcript   Judge Sullivan proceeded to ask a series of questions. The purpose here is to foreclose on any future opportunity that Flynn and/or his legal team and/or his Social Media QAnon crazies may raise. The questions asked by the Judge are thoughtful, deliberative and substantive. Admittedly at a certain point Edgar Allen Poe’s Poem The Raven came to mind...specifically:

 

 And the Raven, never flitting, still is sitting, still is sitting
On the pallid bust of Pallas just above my chamber door;
And his eyes have all the seeming of a demon's that is dreaming,
And the lamp-light o'er him streaming throws his shadow on the floor;
And my soul from out that shadow that lies floating on the floor
            Shall be liftednevermore!

 

 And yes, you can certainly disagree with me, but again the Judge is the boss of their Courtroom. For the better part of 10+ pages in the Transcript it is abundantly clear that Judge Sullivan  repeatedly asked both Flynn, Flynn’s Counsel and the Prosecution if delaying the sentencing would be the prudent course of action. This datapoint some how ended up being overshadowed by Judge Sullivan’s hypothecal “treason” question. Granted I wasn’t in the Courtroom so I can’t speak to tone or inflection what I have to work with is the actual transcript. Yet the mendacity of Flynn and his defense counsel to offer an explanation of “why” they brought up the FBI 302 of the January 24, 2017 interview is they “felt” there were stark contrast when reflecting on Papadopoulos and Van Der Zwaan. Yes there are differences, because Flynn headed up our preeminent Defense Intelligence Agency and Flynn lied in the actual West Wing to the FBI agents who bent over backwards to help Flynn “recall”. So yes I can see those distinctions and I can completely understand why Judge Sullivan had “concerns”.

 

 Maybe this May 2018 thread (which I had to recreate, again) will help you recall just how much Flynn lied and how committed Flynn was to his les. But most galling is Flynn thought he could get away with lying to Federal Investigators. So spare me with your QAnon bullshit. Flynn knew exactly what he was lying about.

 

 

The rest of the hearing transcript has been widely reported, nonetheless if you would like to read the Transcript and have an opportunity to formulate your own opinion, you can download a FREE copy of the transcript here.

I should note that for a split second I seriously considered paying the $475 expedited transcript fee but held off for selfish reasons. TRUTH; Spicy has been eyeing a certain handbag at Louis Vuttion. Yes, I’ll fully own I am a designer handbag freak. And I may or may not have a special walk-in closet for my fancy purses and shoes. Plus it would be a rather difficult task explaining to my other half why I spent so much money on a Transcript. Given I may have previously indicated to him that “oh I was in a bind and I’m submitting an expense report to reimburse the cost”. God let’s hope he doesn’t read this blog. I mean we all remember the whole whispering in his ear that  “Sean Spicer’s Mic sends their regards”...and shortly thereafter I blocked him on twitter. He is in fact currently on Twitter probation because he “inadvertently disclosed” my account to a mutual friend. Said friend texted me my own tweet and I was like “SpicyFiles sounds like an arrogant asshole”...dinner conversation was so much fun. 

At any rate back to the Flynn matter. If I had the last name Trump, Kushner etc I would be absolutely terrified of what SCO Van Grack said to the Court, specifically on page 15 lines 13 thru 20, which reads in part:

 

 SCO Brendan Van Grack:

what we indicated was anything in the Strozk 302 and the McCabe memorandum that they thought was relevant can and should be included in their submissions. What we asked was that they not attach the documents because, as the Court is aware, there are other considerations in the material there that we wanted to be sensitive to.

 

And then the hearing moves to the Court, Judge Sullivan stating he has accepted Flynn’s guilty plea. Along with the fourth time the Judge asks all parties if there should be a delay in sentencing. Nope Flynn was (at that point) full steam ahead, Facts be damned. Frankly the facts and Flynn’s own testimony show Flynn is guilty AF. Full Stop.

Some of you may have overlooked my thread from late yesterday afternoon, and yes rightfully so Flynn’s Federal Plea should take center stage, but what’s often overlooked is that’s not Flynn’s only problem. Especially when the House Democrats regain the gavel on January 3, 2019...Flynn will be undoubtedly called back before the House Oversight Committee and grilles about his Department of Defense Emoluments Violations. As a retired military officer, by law Flynn IS required to obtain advance approval before accepting any payment. So for now. I’d put a pin in my thread but expect to hear more about the DIA and DOD-OIG Investigations into the impermissible emoluments Flynn accepted. As per usually I provided links to every document in the thread below.

 

 

As many of you know I all but refuse to amplify, tweet or reference any Russian State Run media and no I’m not referencing Trump/Fox “news”...I actually mean Russia Today (I’ve previously discussed RT & FARA found here), TASS so the fact I’m embedding a Ruptly video I see a departure from my long standing rule. The reason I’m pointing this video out to you is two fold 1) don’t be confused Ruplty is NOT a German owned news organization, they are 100% owned by Russia Today 2) sometimes its prudent to see what your adversary is up to. In this short <60 second clip it’s amazing to see how the Russian Media has portrayed Flynn, literally you would think Flynn is a God Fearing, Gun Toting, Beer Drinking All American Patriot who’s being mercilessly persecuted by an out of control Special Prosecutor. 

 

 Flynn and FARA...and LDAs

So this isn’t new or a breaking news alert, but in an effort to provide you a more fulsome scope of what Flynn did and how he ended up at this unfortunate place in his life. With his reputation destroyed. His credibility annihilated and undoubtedly in need of some source of income...it is important to remember at every turn Flynn had  choice. It’s not like a mobster was standing over Flynn forcing him to make terrible decisions, no this is 100% on Flynn. Therefore I offer zero contrition when I say Flynn needs to be sentenced to prison. Even after the shit-show of a presidency Flynn continued to lie.

For example, the cover letter by Flynn’s Attorney accompanying the “retroactive” March 2017 FARA registration. The fact Flynn had to hire an attorney to carefully parse words just grates my last nerve. It’s the repeated excuse that Manafort, Gates, Patten have all previously used, “I thought the LDA was sufficient and therefore registering as a Foreign Agent, that’s so 2018” clearly that’s not a direct qoute from any of the aforementioned parties. Although you kind of have to laugh because Flynn does disclose Güllen on page 1 in the  2nd paragraph. I’m just wondering is there a NASIC code for kindnapping and renditioning a lawful US Resident back to Turkey because Erdogan wants him?   

 

Because this is a retroactive registration, compiled after the Flynn Intel Group shut down
its operations in November 2016, the enclosed supplemental disclosure statement is based on
information that is currently available to Flynn Intel Group, to the best of its knowledge, after

September 2016, Flynn Intel Group publicly disclosed its representation of Inovo BV
in a federal Lobbying Disclosure Act...

 

This would be an ideal time for me to abruptly end this entry. I had a hard stop of 9:45PM and it’s way past my self imposed deadline. With that said, tomorrow I will pick up the Lobbying and FARA portion of this Flynn Saga Part 2 But until then repeat after me: I will not ever act like Flynn. Flynn has brought dishonor to our Country. Flynn has engaged in conduct that is unbecoming of a (retired) Military Officer. Flynn put money above Patriotism. And clearly based on Flynn’s spawn, the DNA gene pool may in fact have a few defective strands. Whoopsie Daisy, I shouldn’t say that....-Tired Spicy Out

 

 

 

 

 

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