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Flynn VOICEMAIL AUDIO to be Public & Change in Counsel UPDATED 6/14/2019

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Posted on June 06 2019

Updated  6/14/2019 at 4:41PM - Minute Order, I’m like a broken record, “know thy local rules” - Judge Sullivan also ordered Flynn & New Counsel to appear on June 19th (for those who don’t understand legalese  sua sponte allows a Court to take action on their own Motion. The literally Latin translation is “on its own motion”). Also included an open source link to Document 88- June 14, 2019 Joint Status Report.

 

Updated: 6/14/2019 Status Report (sorry paywall) but the status Report is embedded below 

In short the parties are requesting a 60 day delay in Flynn’s sentencing and the delay is largely in part to what we all expected, that Flynn will likely be called as a witness in the EDVA Trial of his former business partner, who’s trial is set to commence on July 15, 2019. I could be wrong but I believe this is either the 4th or 5th time Flynn’s sentencing has been delayed. I would also expect for Flynn to defy or fight the recent House Subpoena - given he is likely to be a witness but as you can read on page 1 paragraph 2:

 

Updated 6/6/2019 7:48PM EST - includes minute entry and Document 87 from Flynn’s current - See bottom of entry...It is frustrating reading the inaccurate reporting by major news outlets that. Covington out. That is factually inaccurate because Judge Sullivan has yet to render a decision on Document 87. So stop reporting as such because it’s worth being accurate. Accuracy matters as do facts.

 

 

The voicemail -

 

 

I have to say I agree with Former SSA Campbell. Hearing the audio of the voicemail  is beyond powerful this is the President’s lawyer engaged in both Obstruction of Justice by way of Witness Tampering. I don’t know about you but I’m not okay with this kind of recalcitrant mendacious behavior. At all.

 

Wave hiya to 18 USC §1512 Witness Tampering 

 

I mean here’s the entire Federal Status Chapter on Obstruction I am certain, since I’m not an attorney that actual attorneys might be in agreement that this voicemail meets ALL of the criteria needed to criminally prosecute:

 

 

I don’t know how much clearer this can get 

- you have the Obstructive Act (the phone call. - it’s almost as if Dowd knows he shouldn’t be leaving the voicemail

- you have Nexus as affirmed by “give us a heads up” and

- you have intent - I understand that you can't join the joint defense; so that's one thing. If, on the other hand, we have, there's information that. .. implicates the President, then we've got a national security issue, or maybe a national security issue...”

 

Oh so things are chugging along

 

So there’s been a flurry of activity on Flynn’s DC Docket Case No: 1:17-cr-00232 - which isn’t that all unusual given the current state of Flynn’s Case, 

 

Flynn’s attorneys filed a Motion to withdrawal - I don’t know how wise this is given Flynn will be sentenced soon. I can not recall the last time a Defendant changed Counsel this close to Sentencing. I mean Cohen did but that was months before he was sentenced.

 

But one thing you should keep in mind there’s an ongoing EDVA matter and Flynn’s attorneys & firm are likely to be called (as in Flynn) as a Government witness, in the RAFIEKIAN EDVA matter aren’t you glad that I’ve been tracking that case on a pretty regular basis. So it is plausible that’s why Flynn changed representation. Also you might find this May 2019 entry helpful to fill in the tiny details  My point is STOP hyperventilating over this.

Nor does this deserve a “breaking” all caps malarkey going on with Twitter. Because as I’ve explained there’s actually a really important reason why Flynn’s attorneys would withdraw. Again calm down.

 

via GIPHY

 

  

A few moments ago the follow Minute Order:

 

The Clerk of Court is directed to file on the public docket the audio version of the "voicemail recording" referenced in the 75 Addendum to Government's Memorandum in Aid of Sentencing

 

Someone might want to go check on John Dowd - he’s going to lose his mind, I’d say someone should check on Orange Twitler - but we already know Trump is bat shit cray cray.

The Government also uploaded a ten page document, it’s document no 85 (sorry paywall)  - which is labeled as: APPENDIX ATTACHMENT it appears to be some of the FBI’s 302 although still redacted (it is less redacted than other previous public versions) but it’s hard to read via a tiny smart phone

I found you an Open Source Link to Document No 85

Frankly it’s still shocking how cavalier Flynn was when the FBI interviewed him less than 7 days after Trump took the oath of Office. It is still stunning to me:

On page 5 - it was this section that was striking to me - the fact that we’ve talked about the Logan Act - one Executive at a Time - I was really hoping to finally read the Flynn & Kislyak read out - but I respect the need to keep our Country’s sources and methods close to the vest:

 

That said this link will take you to a previous write up about Flynn and his emoluments issue  - to date I do not know the status of the DOD Investigation but it is clear that Flynn violated the UCMJ and the DOD repeatedly gave Flynn written communications that he was still bound by his Military Oath,

 And I’m stone cold serious whatever Flynn’s sentencing is in the DC Court - it might pale in comparison to the DOD Investigation  - I even embedded all of the communications in March 2019 write up - yet for some reason the MSM keeps forgetting the other DOD matter Flynn has to deal with.

As soon as the audio of the John Dowd’s voicemail to Flynn’s attorney (I believe it was left on Robert Kelner’s phone) then I’ll post it here. As of now it has not been uploaded to the public docket.

 

Until then - here’s an oldie but goodie

 

 

And never forget that Flynn has always been Trump’s guy...

 

 

Update - 6/6/2019

 

See Minute Entry -denying - always know your local rules. That said Flynn’s attorneys refiled their Motion to Withdraw as the previous minute order specifically references LCfR 44.5 (d) and I’ll keep saying this until I’m blue in the face:

Always. Know. Your. Local. Rules

 

That is literally law school 103. Each district can have varying local rules. Which I assume most reporters or people on Twitter haven’t taken the time to; 1) read the rules, or 2) made a massive assumption that Judge Sullivan GRANTED Covington’s Motion to Withdrawal. Which as of writing this Judge Sullivan has yet to address Document 87.

 

MINUTE ORDER. denying without prejudice 83 Motion to Withdraw as Attorney due to withdrawing counsel's failure to comply with Local Criminal Rule 47(c) ("Each motion shall be accompanied by a proposed order.") and failure to indicate the manner in which the motion was served upon Mr. Flynn. See LCrR 44.5(d). Signed by Judge Emmet G. Sullivan on 6/6/2019

 

Shortly after the afternoon Minute Order - Flynn’s attorneys refilled their notice of withdrawal - which should (operative word) address and remedy the local rules issue, see link to document no 87 (sorry paywall).

In Judge Sullivan’s previous Minute Order, he denied Covington’s Motion (Document 83). Because counsel did not adhere to Rule 47 (c) and 44.5 (d) Procedurally speaking Local Rule 44.5 (d) reads in part: 

(d) WITHDRAWAL OF COUNSEL.

An attorney who has appeared in a criminal case may thereafter withdraw only by written motion served upon the defendant personally or at the defendant's last-known address, and upon all other parties. The Court may deny a motion to withdraw if the attorney's withdrawal would unduly delay trial of the case or be unfairly prejudicial to any party, or otherwise not be in the interests of justice. 

 Again this isn’t my opinion these are matters of fact, rules and procedure for DC - of which you can read for yourself on page 142 of the April 2019 United State District Court for the District of Columbia 

If it’s true that Flynn has hired Victoria or Joe - you have to understand that Flynn is not sorry for betraying his Country and he’s still Team Trump. And sure Flynn can change his plea but let me tell you that would be incredibly foolish but then again Flynn talked to Kislyak on consumer grade electronics so who knows what Flynn is thinking beyond he isn’t contrite and he probably thinks he was set up. Therefore I hope the Court factors in Flynn’s proactive sliding in to Matt Gaetz’s Twitter DMs.

See CNN report from last month:

Flynn sent Twitter direct messages to Rep. Matt Gaetz, encouraging the Florida Republican to "keep the pressure on." It's not clear if Flynn sent additional messages to other lawmakers.

"You stay on top of what you're doing. Your leadership is so vital for our country now. Keep the pressure on," Flynn wrote in an April 2018 message to Gaetz, which was obtained by CNN.

On the evening Flynn sent the message to Gaetz, the lawmaker had appeared on Fox Business' "Lou Dobbs Tonight," where he criticized the Mueller investigation.

 

Frankly I’m not convinced Flynn is an idiot - I think he’s never fully accepted responsibility for betraying his country

  

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3 comments

  • Marie G: June 18, 2019

    Arrogant…bleep. So what’s his next move, what’s he angling at? Thank you, Spicy, for this blog entry and I apologize for the late comment, I’ve been, well, I’ve been missing you on that crappy bird social platform. I appreciate and truly miss your deep dives there.

  • Beth Henry: June 06, 2019

    are there direct correlations linking arrogance, criminality and stupidity? if I had a spare brain cell I’d investigate. it’s like we’re watching the Bermuda Triangle of utter amorality.

  • Terri: June 06, 2019

    What happens if Flynn withdraws his Guilty Plea?

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