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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: UPDATE on the Flynn case
Source: [None]
URL Source: [None]
Published: Sep 27, 2019
Author: nolu chan
Post Date: 2019-09-27 23:01:16 by nolu chan
Keywords: None
Views: 280
Comments: 11

UPDATE on the Flynn case

by nolu chan
27 Sep 2019

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.120.0.pdf

Deborah A. Curtis, one of the government attorneys working the Michael Flynn case, notified the Court she is withdrawing from the case today because she will no longer be an employee of the Department of Justice effective tomorrow. Damn, that's short notice. The Flynn case is before Judge Emmet G. Sullivan.

Case 1:17-cr-00232-EGS Document 120 Filed 09/27/19 Page 1 of 1

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA
v.
Michael T. Flynn,
Defendant.

Criminal No. 17-00232 (EGS)

NOTICE OF WITHDRAWAL OF APPEARANCE

The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby informs the Court that Assistant United States Attorney Deborah A. Curtis is withdrawing her appearance as counsel on this case because effective September 28, 2019, she will no longer be employed with the U.S. Department of Justice.

Respectfully submitted,

JESSIE K. LIU
UNITED STATES ATTORNEY
D.C. Bar No. 472845

By: _______ /s/ _______

Deborah A. Curtis
Assistant U.S. Attorney
CA Bar No. 172208
555 4th Street, N.W.
Washington, D.C. 20530

- - - - - - - - - - - - - - - - - - - -

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.118.0.pdf

Doc 118, JOINT MOTION TO AMEND BRIEFING SCHEDULE (23 Sep 2019)

Sydney Powell has been ranting about the government withholding Brady material. The Government requested "the Court continue and reset the deadlines associated with the defendant’s motion to compel the production of Brady material to October 1, 2019, for the government’s response, and October 22, 2019, for the defendant’s reply."

- - - - - - - - - - - - - - - - - - - -

https://www.scribd.com/document/427208290/116-Amendment-to-MTC-Brady

United States v Michael T Flynn, DCDC 17-cr-232 (23 Sep 2019) Doc 116

AMENDMENT TO MR. FLYNN’S AUGUST 30TH MOTION TO COMPEL PRODUCTION OF BRADY MATERIAL AND FOR AN ORDER TO SHOW CAUSE

Michael T. Flynn “Mr. Flynn” respectfully submits this amendment to his Motion to Compel Production of Brady Material and for an Order to Show Cause [“the Motion”], filed August 30, 2019 (Dkt. 111).

1. On page 4, paragraph 3 of the Motion, Mr. Flynn requests any drafts, electronic communications (“ECs”), emails, and texts related to Nellie Ohr’s research on Mr. Flynn, and all CIA cables on the topic as well.

2. On page 4, paragraph 4, Mr. Flynn additionally requests with respect to Col. (Ret.) James Baker, the current head of DOD Office of Net Assessment, production of Col. Baker’s calendar showing his meetings with or any other communications with David Ignatius from July 1, 2015 through March 2017.

3. On page 4, paragraph 8, Mr. Flynn further requests ECs in addition to human sources.

4. On page 5, paragraph 16, the date of the Russia Today dinner is incorrect. The date of the dinner was December 10, 2015, rather than December 17, 2015.

https://thefederalist.com/2019/09/25/whats-inside-the-latest-documents-from-michael-flynns-court-case/

While Powell’s letter to Schiff proved entertaining, the amendment to the Motion to Compel proved edifying: We now know more of the strands of SpyGate that Powell has weaved together since taking over as Flynn’s defense attorney a few short months ago.

Since June, when Powell took over for Flynn’s prior attorneys, she has been busy reviewing the entire record related to Flynn’s guilty plea for making false statements to the FBI. This revealed several pieces of evidence prosecutors had withheld—evidence Powell claims the government was required to turn over as Brady material and under the terms of presiding judge Emmett Sullivan’s standing order.

After the government refused, Powell filed a Motion to Compel and sought sanctions against the federal prosecutors. She has since suggested that the government’s egregious conduct justifies dismissing the charge against Flynn. The original motion, filed last month, highlighted several areas of inquiry, which hint to several blockbuster discoveries in the wings. Sept. 23’s amendments provide additional insights into the information Powell believes exists that will benefit Flynn and further her argument of egregious government abuse.

So, what did Flynn ask for?

Most significantly, Powell added a request for a copy of Col. (Ret.) James “Baker’s calendar showing his meetings with or any other communications with David Ignatius from July 1, 2015 through March 2017.” Ignatius, a columnist for The Washington Post, broke the story on January 12, 2017, that “Flynn phoned Russian Ambassador Sergey Kislyak several times on Dec. 29, the day the Obama administration announced the expulsion of 35 Russian officials as well as other measures in retaliation for the hacking.”

“What did Flynn say, and did it undercut the U.S. sanctions?” Ignatius asked, while suggesting the calls implicated the Logan Act, which “(though never enforced) bars U.S. citizens from correspondence intending to influence a foreign government about ‘disputes’ with the United States.”

The FBI later questioned Flynn about those calls, and then the special counsel charged that Flynn made false statements to the FBI agents, one of whom was the now-disgraced and fired Peter Strzok. While Flynn pleaded guilty to that charge and awaits sentencing, the government has refused to give Powell a copy of the recorded conversation between Flynn and Kislyak. She also seeks access to that in her motion to compel.

But that Powell is pushing for Baker’s calendar and any notation of meetings or communications Baker had with Ignatius suggests she thinks she may have found the “senior U.S. official” who leaked details of Flynn’s conversations with Kislyak, or at a minimum was responsible for other leaks to Kislyak. To date, the leaker has yet to be identified—or prosecuted.

In addition to Baker’s calendar, Powell wants more information concerning Nellie Ohr’s research on Flynn. Nellie is the wife of twice-demoted DOJ lawyer Bruce Ohr, who fed her husband information concerning the Trump campaign team that she had been paid to compile by Fusion GPS.

Powell originally asked for “all documents, notes, information, FBI 302s, or testimony regarding Nellie Ohr’s research on Mr. Flynn and any information about transmitting it to the DOJ, CIA, or FBI,” suggesting Nellie Ohr played a bigger role in the targeting of the Trump campaign than previously known. Powell now seeks “any drafts, electronic communications (‘ECs’), emails, and texts related to Nellie Ohr’s research on Mr. Flynn, and all CIA cables on the topic” as well, indicating Flynn’s new attorney has determined additional methods Nellie Ohr used to communicate with the government, especially the CIA.

Finally, Powell wants to ensure that the government lawyers don’t play a game of “it depends what the meaning of is is,” and clarified that in addition to “all transcripts, recordings, notes, correspondence, and 302s of any interactions with human sources or ‘OCONUS lures’ tasked against Mr. Flynn since he left DIA in 2014,” she wants copies of any electronic communications.

Federal prosecutors have maintained all along that they have already turned over all the evidence that matters, and their position isn’t about to change now. So, expect the government lawyers to object to producing this evidence as well.

But that’s where things get even more interesting because Powell then has a chance to lay out in her reply brief exactly why this evidence is relevant. Since Powell’s argument is that the case against Flynn should be dismissed for “egregious government misconduct,” expect that misconduct to be laid out in excruciating detail.

Sydney Powell is shaking that tree.

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#1. To: nolu chan (#0)

Sounds like she was fired.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2019-09-27   23:18:06 ET  Reply   Trace   Private Reply  


#2. To: All (#0) (Edited)

Well, well, well look who Deborah Curtis worked for: https://www.thedailybeast.com/inside- muellers-new-army

Vegetarians eat vegetables. Beware of humanitarians!

CZ82  posted on  2019-09-28   10:07:34 ET  Reply   Trace   Private Reply  


#3. To: sneakypete (#1)

Sounds like she was fired.

Technically, it sounds like her resignation was demanded and she resigned.

Many of the court documents are sealed, so public knowledge is incomplete. Events, and the timing, suggest that this was not just the normal course of events. I suspect that Sidney Powell has them by the short hairs for holding back required Brady material and judgment day before Judge Sullivan is looming.

This past Tuesday, a sister case involving a partner of Flynn hit an iceberg in the Eastern District of Virginia. The judge overturned a jury verdict on Sept 24th. In a 39-page Opinion, he ruled there was insufficient evidence as a matter of law to sustain a conviction.

Things have been going south.

https://int.nyt.com/data/documenthelper/1845-judge-s-decision-throwing-out/a10b12213e5692c0e577/optimized/full.pdf#page=1

United States v Rafiekian, EDVA 18-cr-457 (24 Sep 2019) Doc 372 MEMORANDUM OPINION PAGE 39

CONCLUSION

For the above reasons, the evidence was insufficient as a matter of law to sustain either of Rafiekian's convictions, and the Motion for Acquittal is therefore GRANTED. Should the Court’s judgment of acquittal be later vacated or reversed, a new trial is warranted in the interests of justice, and the Motion for New Trial is conditionally GRANTED.

The Court will issue an appropriate Order.

Alexandria, Virginia
September 24, 2019

nolu chan  posted on  2019-09-28   16:48:09 ET  Reply   Trace   Private Reply  


#4. To: nolu chan (#3)

This past Tuesday, a sister case involving a partner of Flynn hit an iceberg in the Eastern District of Virginia. The judge overturned a jury verdict on Sept 24th. In a 39-page Opinion, he ruled there was insufficient evidence as a matter of law to sustain a conviction.

Judges can legally do this?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2019-09-28   22:16:51 ET  Reply   Trace   Private Reply  


#5. To: sneakypete (#4)

Judges can legally do this?

Yes. The judge essentially rules that he erred in ever sending the case to the jury because there was insufficient evidence presented to them to support a finding of guilt beyond a reasonable doubt.

This decision of the trial judge may be reversed on appeal. In a criminal trial, he can overrule a finding of guilty, but a finding of not guilty cannot by overturned.

https://en.wikipedia.org/wiki/Judgment_notwithstanding_verdict

Judgment notwithstanding verdict

From Wikipedia, the free encyclopedia

Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law (JMOL) that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law (formerly called a directed verdict).[1] In U.S. federal criminal cases, the term is "judgment of acquittal".[2]

JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict. This intervention, often requested [citation needed] but rarely granted, permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions.[3]

A judge is not allowed to enter a JNOV of "guilty" following a jury acquittal in United States criminal cases; such an action would violate a defendant's Fifth Amendment right not to be placed in double jeopardy and Sixth Amendment right to a trial by jury. If the judge grants a motion to set aside judgment after the jury convicts, however, this action may be reversed on appeal by the prosecution.

A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. For example, if a party enters no evidence on an essential element of their case, and the jury still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.

Reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict, or that the verdict did not correctly apply the law. This procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. A judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge's instruction to arrive at a certain verdict.[4] References

See Rule 50, Federal Rules of Civil Procedure, as amended through Dec. 1, 2015.

See Rule 29(c), Federal Rules of Criminal Procedure, as amended through Dec. 1, 2015.

Rule 50(b). Federal Rules of Civil Procedure.

Rule 50(a). Federal Rules of Civil Procedure.

nolu chan  posted on  2019-09-28   23:00:07 ET  Reply   Trace   Private Reply  


#6. To: nolu chan (#5)

Judges can legally do this?

Yes. The judge essentially rules that he erred in ever sending the case to the jury because there was insufficient evidence presented to them to support a finding of guilt beyond a reasonable doubt.

This decision of the trial judge may be reversed on appeal. In a criminal trial, he can overrule a finding of guilty,

Thanks,I did not know that!

Ever heard of a judge doing that?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2019-09-29   0:53:08 ET  Reply   Trace   Private Reply  


#7. To: CZ82 (#2)

Well, well, well look who Deborah Curtis worked for:

https://www.thedailybeast.com/inside- muellers-new-army

Nice find.

CNN and MSNBC will be all over it, won't they?

*eyeball roll*

Where ever we turn, the Democrat-MSM-Deep State coup-apparatus is connected at the hip, engaging in illegal operations and collusion 24/7. With impunity.

At some point the SHTF and heads must roll. Otherwise, who are we kidding but ourselves about having a "Republic"? (B. Franklin knew it would come to this; The big "IF" was whether we could "keep it."

Liberator  posted on  2019-09-29   12:17:44 ET  Reply   Trace   Private Reply  


#8. To: sneakypete, nolu chan (#6)

(This decision of the trial judge may be reversed on appeal. In a criminal trial, he can overrule a finding of guilty...)

"Thanks,I did not know that! Ever heard of a judge doing that?"

The entire Judiciary and its process has become prone to political pressure in their decision-making, from the lower courts to SCOTUS. A license to create "Do-Overs" means EVERY case is prone to rigging and re-interpretation of "evidence".

Shall it be assumed these days that NOTHING etched in stone with respect to "established law," "Constitutional Law," or as in this case, judicial "fluidity"? Especially as Democrats/Globalists are interpreting or re-interpreting prior decisions and evidence as is politically expedient.

Liberator  posted on  2019-09-29   12:29:12 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#0)

The damage is already done with respect to Flynn (and Manafort for that matter.)

This is a case of "too little, too late."

Liberator  posted on  2019-09-29   12:31:02 ET  Reply   Trace   Private Reply  


#10. To: Liberator (#8)

A license to create "Do-Overs" means EVERY case is prone to rigging and re-interpretation of "evidence".

You mean if you were wrongly convicted, and you had evidence of judicial error, you would oppose a judicial reversal or new trial?

If you could prove that, as a matter of law, the evidence presented, even if admitted as true, would not justify a verdict of guilty, you would shrug and say, oh, well."

Appellate courts would go out of business. The District judge slapped himself down before the Circuit court had the opportunity to do it for him. When he realizes an error, it is more judicially efficient to fess up than to wait for the higher court to do it maybe a year from now, at great expense to the parties.

It is seldom done, but there is a legitimate purpose for the existence of JNOV.

nolu chan  posted on  2019-09-29   13:06:34 ET  Reply   Trace   Private Reply  


#11. To: Liberator (#9)

This is a case of "too little, too late."

Better late than never.

nolu chan  posted on  2019-09-29   13:07:19 ET  Reply   Trace   Private Reply  


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