The shoe dropped and the brief is now on line. WOW!! The honorable Sidney Powell, a fierce Honey Badger not afraid to fight cowardly Lions, has delivered. You can read her reply here (just posted).
Here is Honey Badger's conclusion:
In its relentless pursuit of Mr. Flynn, the government became the architect of an injustice so egregious it is “repugnant to the American criminal system.” Russell, 411 U.S. at 428 (citations omitted). For these reasons and those in our original Motion and Brief in Support, this Court should compel the government to produce the evidence the defense requests in its full, unredacted form. Given the clear and convincing evidence herein, this Court should issue an order to show cause why the prosecutors should not be held in contempt; and should dismiss the entire prosecution for outrageous government misconduct.
Another shoe dropped this week and it ain't looking good for the Mueller legacy. General Michael Flynn's lawyer, the Honey Badger Sidney Powell, filed on Wednesday (23 October) a formal request that Judge Sullivan order the publication of Flynn's Reply to the Government’s Opposition to the Motion to Compel. To briefly recap–Sidney Powell filed a motion (see my piece about Michael Flynn's motion to compel production of Brady material). The DOJ lawyers went nuts and behaved like a crazed Pee Wee Herman (see here) and insisted they did not need to produce anything.
The Government lawyers argument was simple and moronic–i.e., they said that because Flynn pled guilty to a charge where the Government knew he had not lied that he was still guilty. Stupid logic like this is, I believe, one of the reasons the average person hates lawyers.
Sidney Powell has prepared a response to the Government's rebuttal and agreed to edit out some portions that mentioned names or referred to specific classified info. But the Government lawyers are trying to stonewall her and prevent her response from going public. Here's what the Honey Badger wrote explaining the Government misconduct:
Mr. Flynn filed his Reply to the Government’s Opposition to the Motion to Compel by noon on October 22, 2019, completely under seal because of its minimal references to materials produced under the Protective Order. The defense expected it could quickly resolve the issue with government counsel given the government’s previous redactions of the Motion to Compel.
We advised the prosecution on Saturday, October 19, 2019, of every document the defense intended to cite that was produced under the Protective Order and requested the government approve them to be unsealed. Shortly after filing the Reply yesterday, counsel for Mr. Flynn sent the government a copy of the brief with light redactions that mirrored those redactions the government made in the original Motion to Compel. Counsel requested that the government propose any further redactions so the brief could be quickly filed for the public—preferably by the close of business on October 22. Ex. 1.
The government replied that it “would request more redactions beyond” what the defense proposed, but it provided no reason whatsoever. Given that the government has not provided defense counsel any classified information, this seems inexplicable. The defense also requested that the government promptly provide a copy with all its requested redactions, and it has not. The proposed redacted Reply the defense attaches here under seal includes redactions of the names the government previously redacted and all quotations of any material covered by the Protective Order.1
In a nutshell, the corrupt Government lawyers appear to be engaged in an Olympic level of ass covering. The items that Honey Badger Powell has in hand and wants to release are likely to destroy the Government's case against General Flynn.
The Mueller prosecutors who railroaded General Flynn never counted on being confronted by the likes of the steely woman from Texas, Sidney Powell. She is a genuine Honey Badger. The following video will educate those who know nothing of the Honey Badger.
Diana C says
If I learned one thing from teaching all those years and from raising three nasty girls who were my stepdaughters and also my two boys: I would rather deal with males than with a woman on a mission to get her way.
I am happy Flynn has good and determined counsel It’s just too bad that he’s been put through all this. I hope Ms. Powell also fights to get him good compensation and restitution for the suffering they’ve put him and his family through. (It’s always been obvious that they had to know their prosecution of Flynn was just to get an early punishment for anyone who might feel the new administration would be better than the old.)
(I loved the video!)
What is the Honey Badger requesting of Judge Sullivan? I can see the dismissal of Flynn’s guilty plea. Anything else?
robt willmann says
It appears that an agreement has been reached between Michael Flynn’s lawyers and those of the Justice Department about redactions in the reply brief filed by Flynn under seal, which brief addresses the government’s response to Flynn’s request to compel production of exculpatory material. Thus, the reply brief should soon be unsealed and will then be available in the court clerk’s file–
ex PFC Chuck says
“Sundance” at The Conservative Treehouse has a lot more detail on just how big the new ones are that Ms Powell is ripping into the perpetrators of this travesty of justice.
Thank you, Mr. Johnson, for this bit of good news (as well as the entertaining badger video). I wonder why Mr. Flynn’s previous lawyers seem to have been more chipmunk than badger?
Off topic, but Battle at Krueger video, in which Cape Buffalo fight off simultaneous attack on their calf by a lion crew and crocodiles, still gives me goosebumps. But then I’m a real animal person.
Keith Harbaugh says
Some tips on accessing these key documents:
The easiest-on-the-memory way to access the Flynn documents is to give Google the query
michael flynn courtlistener
Currently (and I would imagine in the future) the top hit resulting from that query is:
That web page gives links to the FULL docket (currently 129 items) for this case.
The last entry on that page is currently
129 Oct 24, 2019
Consent MOTION for Leave to File Redacted Reply Brief by MICHAEL T. FLYNN. (Attachments: # (1) Text of Proposed Order, # (2) Reply in Support of Motion to Compel Production of Brady Material and for an Order to Show Cause (Redacted), # (3) Exhibit 1, # (4) Exhibit 2 (Redacted), # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5 (Redacted), # (8) Exhibit 6 (Redacted), # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10, # (13) Exhibit 11 (Redacted), # (14) Exhibit 12 (Redacted), # (15) Exhibit 13, # (16) Exhibit 14, # (17) Exhibit 15, # (18) Exhibit 16)(Binnall, Jesse)
together with links to the individual items mentioned.
Clicking on the first link, the “MAIN DOCUMENT”,
yields a 161-page (!) PDF of the whole shebang.
Because it’s so long, it takes minutes to download, but if you want the whole thing, there it is.
And this approach does not use scribd.
Some interesting items on the docket:
item 9 is the reassignment of the case from Judge Contreras to Judge Sullivan.
87 and 89 are Flynn’s change of attorneys.
Amazing material, I will probably read the full filing..
Clearly someone (who cares) on the inside must be feeding this material to Powell – what is being disclosed is truly devastating.
It is hard to believe that Page & Strozk put what they did in text messages – some of this needs to be read to be believed.
I agree that the Sundance post is WELL WORTH reading by those following Larry’s posts.
Larry nailed it. Now let’s watch the real criminal scramble as Barr and Durham proceed ahead with a criminal investigation into the roots of the Trump-Russia collusion hoax. Looks to me like John Brennan went out of channels to solicit Five Eyes help in running sting operations. Perfectly appropriate that Barr is seeking cooperation from Australia, Italy and Ukraine in pursuing possible criminal misconduct by FBI, CIA and other Federal employees. I hope the probe develops court-admissible evidence that John Brennan committed fraud by claiming to have a top Kremlin source who gave eyewitness reports that Putin ordered Russian intelligence to boost Trump’s election chances.
Garnet H says
If you haven’t seen this honey badger video you will laugh your a$$ off!
RedState reports today (10/27/19):
….”The Flynn filing alleges that Col. James Baker, Director of the Office of Net Assessment at the Pentagon (ONA), leaked copies of the transcripts from Flynn’s December 2016 telephone calls to then-Russian ambassador Sergey Kislyak to the press. Baker had regularly scheduled lunches with The Washington Post’s David Ignatius whom published an article about the calls in January 2017.
Picket told the story of Pentagon whistleblower Adam Lovinger, then an ONA analyst and a Trump-supporter, whose security clearance had been revoked after “he questioned why politically connected contractors like FBI-informant Stefan Halper, who spied on the Trump campaign for the bureau, received well-paid contracts to conduct “inherently governmental functions.”
One contractor hired by ONA , the Long-Term Strategy Group (LTSG), is owned by Chelsea Clinton’s “best friend” Jackie Newmyer-Deal. “Over the past decade, LTSG secured more than $11.2 million in contracts from ONA.”….”
Flynn did squat compared to crooked corrupt Clinton and Podesta and Many Many corrupt greedy lying others that walk free and really should have been in prison long ago