Posted on May 17 2019
Updated 6/4/2019 9:14PM EST - See minute order see bottom of this entry
Updated 5/31/2019 5:25PM EST See bottom of this entry for Government update
Updated 5/17/2019 at 2:45PM EST See update at bottom of this entry
here’s some light reading...
For your edification below I’ve provided you with a cheat sheet so you can know where to look in the Special Counsel’s Report. As detailed on the DOJ -Special Counsel webpage:
On May 17, 2017, Robert S. Mueller III was appointed by acting Attorney General Rod J. Rosenstein to serve as Special Counsel by the order below.
Volume I - Flynn
the following is in the format of page number is not the number marked on the page) and “x” is the enumeration of Flynn’s mentions on said page. I only criteria I used to discard other mentions of Flynn is the quantitative mentions of Flynn had to be greater than four:
- Page 15 x 5, 70 x 12, 150 x 20, 153 x 10, 157 x 25, 168 x 13, 175 x 55, 176 x 116, 177 x 70, 178 x 98, 179 x 18, 180 x 120, 181 x10, 191 x 20, 202 x 13, 203 x 14
Volume 11 - Flynn & Trump’s Obstructive Acts
Again the format is page (not the page marked on the report) number and “x” = the enumeration of Flynn per page. It is clear based on the numbers alone but unequivocally affirmed by the actual substance that Flynn played a prominent role in the Special Counsel’s Investigation into Trump’s Obstructive Behavior. No fuzz. Absolutely crystal clear:
- 209 x 9, 211 x 10, 215 x 45, 217 x 5, 218 x 8, 224 x 10, 227 x 5, 228 x 15, 236 x 110, 237 x 20, 238 x 135, 241 x 105, 242 x 90, 243 x 60, 245 x 5, 246 x 15, 258 x 70, 249 x 19, 250 x 90, 231 x 30, 252 x 7, 254 x 55, 253 x 50, 254 x 55, 255 x 50, 256 x 13, 257 x 7, 258 x 135, 259 x 23, 260 x 15, 261 x 5, 287 x 35, 294 x 4, 301 x 25, 324 x 5, 332 x 40, 333 x 28, 334 x 85, 343 x 12, 344 x 15, 360 x 5, 404 x 25, 425 x 35, 426 x 15 and 443 x 7
Always super uncomfortable when your own attorney provides a proffer and has 302s. But I suppose that’s really none of my business,
subpoena the 302s and Flynn
By now I’m confident you are up to speed as it relates to matters concerning Flynn and the Court’s Orders. Just in case you are unaware, then you may find this entry (also updated earlier this morning) as a decent primer.
Special Counsel Mueller Report & Flynn
As noted in the docket report above Judge Sullivan also ordered the Government to submit the un-redacted portions of the Mueller Report specifically as it relates to Flynn. I’m not entirely convinced that there will be anything shocking, but I do think it is prudent to dissect what’s currently not redacted in the Mueller Report.
At all relevant times I will provide you with a link to the original source document(s). I am mindful of “fake news” and misinterpretation. Unless otherwise noted I will offer minimal opinion(s) and will stick entirely to what’s in the public record and I’ll make every attempt to preemptively disclose page number, subsection etc.
Keyboard engaged...let’s do this
Page 215: I offer no opinion this is strictly informational:
Page 238 (marked Volume II page 26)
Sanctions it always seems to be about the Russian Sanctions, this is particularly true given the pretense of the June 2016 Trump Tower meeting, what I can’t figure out (nor did the SCO Report or Flynn’s 302) how did Trump know about the content and context of Flynn’s December 2016 calls with Kislyak? And who are the “other incoming administration officials”...if I were in Congress this is one area of inquiry I’d drill down on:
Page 238 Footnotes here you can see the various witnesses and timing, and I’ll continue to shout this until I’m blue in the face. Congress needs to forget about the un-redacted portions of Mueller’s Report. WHAT. YOU. NEED. ARE. THE. 302s forthwith...
Page 241 (marked Volume II page 29) again it’s all about the Russian Sanctions:
For your edification The Logan Act is 18 USC §953 - In non legalese it’s essentially one Executive (POTUS) at a time. Meaning that Flynn’s call to Kislyak violated the principle standards and code of conduct for “peaceful transition of power”. Remember that Obama was still POTUS and it was his (rightfully so) Administration that levied Sanctions against Russia. Flynn & Trump’s actions prior to January 20, 2017 could and should be viewed as a violation of The Logan Act.
Flynn recalled that he felt a lot of pressure because Priebus had spoken to the "boss" and said Flynn needed to "kill the story."127 Flynn directed McFarland to call the Washington Post columnist and inform him that no discussion of sanctions had occurred. McFarland recalled that Flynn said words to the effect of, "I want to kill the story”
Page 241 Footnotes
Again Congress should file in District Court (like yesterday) to compel the Justice Department to immediately produce the various 302s. Because “underlying” documents that support Special Counsel Mueller’s Report will probably be viewed as entirely too broad and by stumbling they gave Trump an opening to assert Executive Privilege. I swear sometimes I really wonder the caliber of attorneys advising the House Democrats. Article III Judges notoriously loath broad requests. Hence why it’s better off to file a surgically precise Complaint. Because Congress waited now they have to also argue the (im)permissibility of Executive Privilege after the fact.
This is the Washington Post article referenced in the aforementioned portion of the Mueller Report. Full disclosure I’m an old school Beltway bandit so in my biased opinion David Ignatius is by far without equal. Also the footnotes also disclosed that Stephen “white nationalist Voldemort” Miller also has a 302.
Page 242 (marked Volume II page 30) this is about as plain as it gets, I’ve never understood why the Logan Act concerns within the DOJ wasn’t reported in a timely manner...
FBI investigative team also believed that Flynn's calls with Kislyak and subsequent denials about discussing sanctions raised potential Logan Act issues and were relevant to the FBI's broader Russia investigation....Flynn falsely stated that he did not ask Kislyak to refrain from escalating the situation in response to the sanctions on Russia imposed by the Flynn also falsely stated that he did not remember a follow-up Obama Administration. conversation in which Kislyak stated that Russia had chosen to moderate its response to those sanctions as a result of Flynn's request.
Acting AG Yates’ testimony
This Trump Twitter Archive will take you to the four tweets Trump sent and I’d argue this (once again) sure looks like Obstructive behavior, specifically witness intimidation.
Page 332 (marked Volume II page 120)
My somewhat educated guess is the “harm to Ongoing Matter” is Roger Stone. The “Evidence” is further expounded upon in the preceding pages of the Report. Remember that Volume II sticky focused on obstructive acts...at least 10 episodes.
Page 333 (marked Volume II page 121):
In this section of the Mueller Report, this is essentially a recitation of events leading up to Flynn’s Plea Deal and the disclosure of who contacted Flynn on behalf of Trump. It also includes the transcript of the Voicemail Message from John Dowd to Flynn’s Counsel.
But the following relevant facts matter. Flynn withdrew from his Joint Defense Agreement (JDA) with Trump. The same day Flynn’s Counsel advised Trump’s personal counsel (John Dowd), later that night Dowd left the following voicemail for Flynn’s Counsel. Again this was after the JDA was terminated.
The next day November 23, 2017 Flynn’s counsel returned Dowd’s call.
Page 333 footnotes:
I’ve always maintained that the footnotes are equally if not more important than the body of said fling. As such these footnotes offer us definitive “proof” that the following White House Officials contacted Flynn:
Shortly after Flynn had been fired, Reince Preibus 1/18/2017* (FBI 302 at 9-11) called Flynn and conveyed a message from Trump to Flynn: “the president still cares about you”
*I personally think the date referenced for Preibus’ 302 might be a typo, since that would have been 2 days before Trump was sworn in”
KT McFarland: 12/23/2017 (FBI 302 at 18) “[Flynn] a good guy, the president hoped Flynn was okay”
Chris Christie’s 2/13/2019 (FBI 302 at 3) told the SCO about a call between Jared Kushner and Flynn...“the president respects you...still cares about you...I’ll get him to send a positive tweet”🌶
Flynn 1/19/2018 (FBO 302 at 9) Flynn discloses that Hope Hicks also contacted him on behalf of the president.
🌶 this Trump Twitter Archive will take you to the 14 tweets Trump tweeted regarding Flynn. I don’t see the Tweet Kushner offered but it’s possible Trump may have deleted said tweet which would also violate the Federal Presidential Records Act. Although it is certainly possible Trump never sent said tweet.
Page 334 (marked Volume II page 122):
In this paragraph, there’s a lot to unwrap. It is clear that Flynn’s Counsel took Trump’s Counsel’s “position” as a direct threat, more precisely that Trump was telegraphing to Flynn that he did not want Flynn to cooperate and/or provide fulsome and truthful information. I am confident that if Trump was not POTUS he would have been charged with:
18 USC §1503 - Obstruction Generally and/or
18 USC §1505 - Obstruction of proceedings before departments, agencies, and committees, and/or
18 USC §1511 - Tampering with a witness, victim, or an informant
18 USC §371 - Conspiracy to commit offense or to defraud United States
Page 334 Footnotes:
The Attorney Client (A/C) Privilege was the impediment and served as the rationale of why the SCO did not seek a transcribed interview with Trump’s personal counsel. Although I’m a bit vexed why the Crime Fraud Exemption wouldn’t be a panacea to overcome the A/C Privilege. Meaning the SCO Report, affirmed by numerous 302s and Flynn’s information. Show us, as a matter of fact and by virtue of the record that at least 5 White House employees took part in conveying messages on behalf of Trump to Flynn and/or to Flynn’s Counsel. Hence Conspiracy to Obstruct...
Then again I’m not an attorney and according to some I’m a bored housewife laying on my chaise lounge eating bon bons and watching Oprah all day long. <snort>
Trump the day after Flynn was fired
It also might be worthwhile to re-watch president Trump’s February 16, 2017 Press Conference, shortly after Flynn was fired. This is one of many public acts that the SCO enumerated in their Report:
Why isn’t Grassley being taken to task?
Barbara Leeden was Grassley’s staffer, well according to her LinkedIn profile
Leeden and Flynn began coordinating the acquisition of Sec Clinton’s emails as early as December 2015 (while she was working for Grassley). It is worth reminding you that Barbara Leeden’s husband, Michael co-authored a book with Flynn,
According to Pages 70 thru 73 Barbara Leeden and Flynn coordinated as early as December 2015 to illegally obtain Sec Clinton’s emails, Leeden was on our payroll when she stated that other Foreign Intelligence Agencies (Russia China or Iran) could reassemble said emails.
WHY ISN’T BARBARA LEEDEN INDICTED?
Attached to the email was a 25-page proposal stating that the "Clinton email server was, in all likelihood, breached long ago," and that the Chinese, Russian, and Iranian intelligence services could "re-assemble the server's email content.”
The proposal called for a three-phase approach. The first two phases consisted of open-source analysis. The third phase consisted of checking with certain intelligence sources "that have access through liaison work with various foreign services" to determine if any of those services had gotten to the server.
The investigation established that Smith communicated with at least
Flynn and Clovis about his search for the deleted Clinton emails,281 but the Office did not identify evidence that any of the listed individuals initiated or directed Smith's efforts.
We need justice for gen flynn.— Barbara Ledeen⭐️⭐️⭐️ (@BarbaraLedeen) March 23, 2019
I know that most of you think the member of Congress that reached out to Flynn is Nunes, but I’d argue that you’re wrong. And I’m betting the “Congress” is either Senator Grassley and/or his former staffer Barbara Leeden...
And lastly, listen here you Orange ShitGibbon you need to shut your disgusting filthy mouth. You can not gas light us with your blatantly FALSE Tweets. You are a proven pathological liar and an emotional terrorist, How about you stay off Twitter and do your job like deescalating your stupid trade war, or maybe start negotiations with China, Canada and the EU.
It now seems the General Flynn was under investigation long before was common knowledge. It would have been impossible for me to know this but, if that was the case, and with me being one of two people who would become president, why was I not told so that I could make a change?— Donald J. Trump (@realDonaldTrump) May 17, 2019
Obama warned you about hiring Flynn.
The day after your buddy Vlad ensured your “victory” Obama warned you to not hire Flynn but nope like the sociopath you are you IGNORED said warnings...according to this NBC News Exclusive November 10, 2019 Report:
Former President Obama warned President Donald Trump against hiring Mike Flynn as his national security adviser, three former Obama administration officials tell NBC News.
A senior Trump administration official acknowledged Monday that Obama raised the issue of Flynn, saying the former president made clear he was "not a fan of Michael Flynn." Another official said Obama’s remark seemed like it was made in jest.
At any rate I hope this entry is informative and helps cut through the blistering talking heads and pundits. Personally I’d rather have the facts, receipts to substantiate said facts and then formulate a well informed opinion versus believing a single word coming from the Trump Administration. Conversely the only one true consistency as it related to Trump and the Trump Administration - when it comes to Russia or Russia related sanctions.
THEY LIE & LIE about their LIEs...
and they love the Lock her Up chant
UPDATE 5/17/2019 2:50PM EST
Judge updated/reset dates (docket report, ECF paywall)
Set/Reset Deadlines as to MICHAEL T. FLYNN:Government to File Transcript Of The Voicemail Recording due by 5/31/2019. Government To File Publicly-Available Version Of Special Counsel Robert S. Mueller, II's Report On The Investigation Into Russian Interference In The 2016 Presidential Election On The Public Docket due by 5/17/2019. Government To File An Unredacted Version Of Portions That Relate To The Defendant due by 5/31/2019
The Government just filed the following notice, the Special Counsel’s Report is a tiny bit large for the ECF filing system (ECF Paywall)..but here’s a screen capture of the Government’s filing
- xo SpicyFiles 🤓
May 31, 2019 Update Re Flynn
As detailed in painful granularity above. On May 17, 2019 Judge Sullivan Ordered the Government to make “voicemail recording(s)” available and certain portions of the Mueller Report un-redacted. As such the Government filed the following:
The blister and hype regarding the “Flynn disclosures” and insight in to the Mueller Report - there are no earth shattering details forthcoming. <insert Debbie Downer music>
Second, the government represents that there are no additional unredacted portions of the Special Counsel’s Report On The Investigation Into Russian Interference In The 2016 Presidential Election (hereinafter “the Report”) that are responsive to the Court’s second Minute Order.
I mean really can we STOP pretending that Flynn is worthy of canonization and that he’s a Saint? FLYNN. IS. NOT. A. SAINT. He’s a goddamn traitor who should spend his remaining days in the brig.
The over hype of Flynn will deliver us to nirvana is like opening up a box of chocolates labeled “turtles” only to realize the chocolate turtles are actual snapping turtles.
“..government is furnishing the Court’s chambers with the audio version of the “voicemail recording.” The government further represents that it is not relying on any other recordings, of any person, for purposes of establishing the defendant’s guilt or determining his sentence, nor are there any other recordings that are part of the sentencing record.
But now that I have sufficiently bursted your treason bubble this is the actual transcript
Sweet Baby Jesus put a fork in me...I’ve now seen it ALL..when Trump’s Attorney decides to Tango with 18 USC §1512 - Tampering with a witness, victim, or an informant
Here’s the rub, the mainstream media and Twitter bots have played Flynn up as some goddamn hero. He is not. I would submit to you that Flynn’s “conflictive” stance of cooperating but simultaneously sliding in to Matt Gaetz’ DMs to further amplify his #LockHerUp bullshit encrusted in Russian Rubles is one of the more offensive acts.
Yet MAGA and Trump “soft” supporters you get that Trump knows you’re too weak and dumb that you can not or will not question his prolific lies.
This Thinks You’re -that- DUMB
That he force feeds you lies.
And you say “may I have another”
June 4, 2019 Update:
Judge issued a Minute Order earlier today, which reads in part (admittedly I’m somewhat vexed as to why the Judge demurred and didn’t push back harder on the Government who previously told the Judge (I’m paraphrasing here) ...”to go pound sand we don’t need to provide you anything more than we did”
MINUTE ORDER as to MICHAEL T. FLYNN. On May 16, 2019, the Court issued multiple Minute Orders that ordered the government to file on the public docket certain materials and information.
Upon consideration of the government's submissions in response to those orders, the government is not required to file any additional materials or information
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