Flynn case

Genral Michael Flynn pleaded guilty in December 2017 to lying to the FBI. He later withdrew his plea as exculpatory evidence emerged. Flynn served in the U.S. Army for three decades. He also served as director of the Defense Intelligence Agency (DIA) under President Barack Obama. However, he felt Obama was not pursuing terrorists aggressively enough. He was eventually fired.

He saw an opportunity to advocate for his views in Donald Trump’s 2016 presidential campaign. A crowd favorite, Flynn was the warmup speaker for Trump on the campaign trail. When Trump won, he named Flynn his National Security Advisor. Flynn spent the transition planning an overhaul of national security strategy; his work continues to shape Trump’s policies.

The defeated campaign of former Secretary of State Hillary Clinton claimed that Russian interference had cost her the election. Senior Obama administration officials also told the media that they believed Trump had colluded with Russia. They identified Flynn as a potential link to Russian President Vladimir Putin, and warned Trump’s transition team about him.

During the transition, Flynn had conversations with then-Russian Ambassador Sergey Kislyak, among other foreign officials. Flynn urged Russia not to escalate its response to Obama administration sanctions for election interference, and explored the possibility that Russia might oppose an anti-Israel resolution at the UN Security Council that had Obama’s tacit blessing. These conversations were picked up by intelligence surveillance of the ambassador; they would later leak to the media, after officials — presumably, a senior official within the Obama administration — had “unmasked” Flynn’s name in the transcripts.

The FBI investigated Flynn, but found no evidence of any wrongdoing. The agency prepared to close the case, but senior officials decided to keep it open, ostensibly pursuing a theory that Flynn had violated the Logan Act, an obscure, centuries-old law that prohibits private citizens from conducting diplomacy, and which has never been prosecuted successfully.

In a fateful Oval Office meeting on Jan. 5, 2017, at which Obama’s senior national security officials were present, including then-Vice President Joe Biden, then-FBI Director James Comey discussed the investigation of Flynn. According to a memo later written by outgoing National Security Advisor Susan Rice, Obama told Comey to proceed with inquiries “by the book.” There is some dispute as to whether Biden suggested or discussed the possibility of using the Logan Act as a pretext.

Later that month, after Flynn had taken up his position at the White House, Comey sent FBI agents to interview him there, advising him not to bring counsel. Notes suppressed by the FBI but later revealed indicated that the FBI agents had discussed whether their purpose was to have him fired, or prosecuted. Flynn was not told that he was being investigated. He was asked about his conversations with the Russian ambassador. Agents later reported that they did not believe he was lying to them.

However, after the contents of the surveillance intercepts were leaked to the Washington Post, Flynn was accused of having lied, both to the FBI and to Vice President Mike Pence, who had defended Flynn several weeks before. By the second week of February, Flynn was forced to resign. He was later prosecuted by Special Counsel Robert Mueller as part of the inquiry into alleged “Russia collusion.” Flynn accepted a plea deal that required him to cooperate with the investigation, which he did; it later emerged that prosecutors had also pressured Flynn, ostensibly by threatening to prosecute his son as well.

Flynn’s sentencing was delayed while he continued cooperating with Mueller. But details of problems within the Mueller investigation began to emerge, such as the deep anti-Trump bias of senior FBI agent Peter Strzok. In a sentencing hearing, Judge Emmet G. Sullivan asked Flynn wished to withdraw his plea; Flynn declined. Sullivan had to apologize to Flynn after accusing him of betraying his country, apparently believing — incorrectly — that Flynn was accused of being a foreign agent.

Soon, however, Flynn obtained new defense counsel, replacing his lawyers from Covington & Burling with Sidney Powell. She believed that he had been framed, and portrayed him as a victim of a conspiracy by the outgoing Obama administration.

Flynn withdrew his guilty plea. Meanwhile, William Barr, who had taken over as Attorney General, prodded Mueller to release his findings. In March 2019, Barr revealed that Mueller had found no evidence whatsoever of “Russia collusion.”

Barr also brought in U.S. Attorney Jeffrey Jensen to review the prosecution’s behavior in the Flynn case. Jensen found several irregularities, including exculpatory evidence that had not been provided to the evidence as required by law.

The Department of Justice soon asked to drop the prosecution. But Judge Sullivan refused. He suggested that Flynn might be prosecuted for criminal contempt of court for initially pleading guilty, and invited amicus briefs to make that argument. He also appointed retired Judge John Gleason, who had already publicly alleged a political conspiracy in the DOJ, to file a brief.

Powell, on Flynn’s behalf, appealed to the D.C. Circuit Court of Appeals for a writ of mandamus to force Judge Sullivan to drop the case. In a 2-1 decision, a panel of the court agreed. But Sullivan appealed the decision to an en banc hearing of the entire court, and the earlier decision was overturned. The case returned to the trial court, where it remained until President Trump pardoned him. Judge Sullivan was accused of “prosecutor shopping,” waiting for a new administration to appoint new prosecutors to the case.

Many pundits on the left clung to the belief that Flynn was guilty, or that he was the beneficiary of political interference by Trump in the DOJ. On the right, however, Flynn was seen as an innocent man framed as part of the Democrats’ vendetta.

One of those who falsely accused Flynn was none other than Jake Sullivan, whom Joe Biden has named as his National Security Adviser. Having smeared Flynn with false allegations of Russia collusion, Sullivan stands ready to take his job.

Flynn’s finances were ruined by the prosecution, as well as his opportunity to serve in the Trump administration. He has, until now, been relatively silent about his opinions. On Wednesday, Flynn appeared to react to the pardon with a Bible verse:

The reference is to Jeremiah 1:19: “And they shall fight against thee; but they shall not prevail against thee; for I am with thee, saith the Lord, to deliver thee.”

It was not the exoneration Flynn might have wanted, nor will it make him whole, or silence his critics, or restore faith in the justice system. But to millions of Americans, Flynn’s pardon is, at long last, the least he deserved.

White House Press Secretary Kayleigh McEnany released the following statement on Flynn’s pardon:

Today, President Donald J. Trump signed an Executive Grant of Clemency granting a Full Pardon to General Michael T. Flynn. The President has pardoned General Flynn because he should never have been prosecuted. An independent review of General Flynn’s case by the Department of Justice—conducted by respected career professionals—supports this conclusion. In fact, the Department of Justice has firmly concluded that the charges against General Flynn should be dropped. This Full Pardon achieves that objective, finally bringing to an end the relentless, partisan pursuit of an innocent man.

General Flynn should not require a pardon. He is an innocent man. Even the FBI agents who interviewed General Flynn did not think he was lying. Multiple investigations have produced evidence establishing that General Flynn was the victim of partisan government officials engaged in a coordinated attempt to subvert the election of 2016. These individuals sought to prevent Donald Trump from being elected to the Presidency, to block him from assuming that office upon his election, to remove him from office after his inauguration, and to undermine his Administration at every turn.

The prosecution of General Flynn is yet another reminder of something that has long been clear: After the 2016 election, individuals within the outgoing administration refused to accept the choice the American people had made at the ballot box and worked to undermine the peaceful transition of power. These efforts were enabled by a complicit media that willingly published falsehoods and hid inconvenient facts from public view, including with respect to General Flynn. They amounted to a brazen assault on our democracy and a direct attack on our fundamental political values.

While today’s action sets right an injustice against an innocent man and an American hero, it should also serve as a reminder to all of us that we must remain vigilant over those in whom we place our trust and confidence. The people who sit atop our intelligence and law enforcement agencies have tremendous power to affect the lives of their fellow citizens. The American people must always take care to scrutinize their actions, to hold them accountable, and to ensure that they use their immense power to uphold the rule of law rather than to harass, persecute, and jail their political opponents in pursuit of partisan political agendas.

Happy Thanksgiving to General Flynn and his family, and thank you all for your great service to our Nation!

Source: Breitbart

See the Flynn case documents HERE

Flynn, Michael

(born Dec 1958) is a former U.S. Army General who served as the head of the U.S. Defense Intelligence Agency, and was ousted by the Obama administration for his criticism of President Obama’s policy toward the Islamic State. Flynn advised candidate Donald Trump throughout the 2016 U.S. Presidential election on foreign policy matters. Flynn resigned from the position of National Security Advisor early in the Trump administration following a fake news scandal put out by the Washington Post using classified information gathered and leaked illegally by the Obama administration. After witnessing the corruption of the Deep State, Flynn wanted to reform the intelligence community and “audit the intel agencies because he knew about the billions Brennan and company were running off the books,” thus was fired, targeted, and smeared. His association with Donald Trump became known the Trump-Russia collusion scandal. (Conservapedia) Attorney Sidney Powell has exposed the deep state smear, and proved that General Flynn told the truth. More…

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Van Grack, Brandon

Corrupt Chief of the Foreign Agents Registration Act (FARA) Unit at the DOJ, an Obama campaign donor, and one of the lawyers on Mueller’s RussiaGate team that headed the Flynn investigation and set-up that has been exposed by Flynn attorney Sidney Powell. Then, promoted to the head of the DOJ’s FARA unit, used to target and ruin Republican officials in 2016 and currently targeting President Trump’s attorney Rudy Giuliani. Prior to working for Mueller, he served as Counsel to the Asst. AG for National Security, where he advised DOJ leadership on national security matters. He also worked at the U.S. Attorney’s Office for the Eastern District of Virginia, where he prosecuted the DOJ’s first-ever cyberterrorism case.

Van Grack began his career at the Department of Justice as a Trial Attorney in the Counterintelligence and Export Control Section, directing investigations and prosecutions involving economic sanctions, export controls, espionage, money laundering, and cyber attacks.

Before joining the Department of Justice, Mr. Van Grack was an associate at Baker Botts LLP, specializing in white collar criminal defense and complex corporate litigation, and clerked for the Honorable Thomas F. Hogan of the U.S. District Court for the District of Columbia. He is a graduate of Harvard Law School and Duke University.

In one of Attorney General Barr’s less-considered decisions, he placed Van Grack in charge of enforcing the very law that the Justice Department (and later the Mueller team) used as a pretext to spy on and leak against Trump in the 2016 election and his subsequent administration. Yes, the corrupt Van Grack was asked to wield the awesome and highly discretionary power of the unit that investigates and prosecutes violations of the Foreign Agent Registration Act (FARA).

To understand what a colossal mistake it was to put Van Grack in charge of FARA, it is helpful to review the FARA statute and its history. In 1938, Congress passed the Foreign Agents Registration Act, which was intended to force agents of enemy governments such as Nazi Germany or the Soviet Union to self-identify so the public could evaluate their speech or propaganda in light of their stated loyalties. Between 1966 and 2015, the Justice Department brought a total of seven cases, only one of which resulted in a conviction.

Beginning in 2016, however, FARA cases became all the rage. The Justice Department created a new unit dedicated to sniffing out potential violators. On its surface, the statute has a politically neutral objective of informing the public of foreign influence. In practice, however, the law has become the go-to tool for partisan federal prosecutors. FARA prosecutions have tended to focus on Republicans even when Democrats commit the mirror image of the same violations.

One obvious recent example was the blatantly political selection of Paul Manafort as a FARA defendant, while politically connected Tony Podesta received an immunity deal for essentially the same behavior involving the same foreign clients.

Fusion GPS, which famously underwrote the Russia collusion hoax dossier, has piled up multiple FARA complaints (including unregistered work for Russia) that the Justice Department continues to ignore.

FARA is vague and subject to unbridled prosecutorial discretion. To demonstrate how vague, travel agents now register as “foreign agents” under the theory that marketing a tourist trip is a legally reportable act. It’s a perfect weapon to invoke secret surveillance pursuant to FISA and can be used against anyone with an international clientele. Nobody really knows what’s illegal until the Justice Department targets you.

Van Grack was involved in several high-profile cyber and counter-terrorism cases, including the prosecution of a Kosovo hacker who gave personal information of US service members to ISIS. The hacker, Ardit Ferizi, was sentenced to 20 years in prison, according to a DOJ press release.

Van Grack also helped prosecute a US government employee who took home classified documents that contained national defense information. National Geospatial-Intelligence Agency employee Mohan L. Nirala was found guilty after federal agents made a forced entry into his home and discovered over 500 pages of classified documents in his basement, according to a DOJ press release.

RussiaGate / General Flynn Setup

As a member of Team Mueller, Van Grack was involved in improperly obtaining Trump Transition Team emails/communications from GSA – including privileged materials. He hid the extent of the intrusion from Trump Transition Team lawyers.

Van Grack confirmed that the Special Counsel’s Office had “failed to use an ‘ethical wall’ or ‘taint team’ and instead simply reviewed the privileged communications contained in the [Transition Team] materials.”

He also “failed to correct the record or disclose that” they were in possession of and had accessed “a significant volume of privileged materials.” The failure was intentional; they wanted the privileged communications.

Deceptive edits of Trump lawyer John Dowd’s voicemail, produced to Van Grack, made its way to the Mueller Report. They omitted the section where Dowd asked Flynn’s lawyers not to disclose “confidential information.”

Techno Fog reached out to John Dowd about the Van Grack/Mueller deception. He called it “unfair and despicable.

Van Grack used a corrupt reading of FARA laws (since rejected by 2 courts) to target Mike Flynn Jr. Not to prosecute Flynn Jr., but to force General Flynn into a plea deal. Flynn Jr. became an official target on 10/20/17. Flynn signed the plea deal on 11/30/17.

United States v. Michael T. Flynn Supplemental Status Report September 30, 2019.

“…Mr. Van Grack was determined that Mr. Flynn would testify in the Rafiekian case that he had knowingly signed a false FARA registration, even though Mr. Van Grack knew that was not true and Mr. Flynn had not agreed to that in the course of his plea agreement. Mr. Flynn’s refusal to get on the witness stand and lie for the government on that point prompted a heated tirade from Mr. Van Grack with Mr. Flynn’s lead counsel, in which Mr. Van Grack claimed Mr. Flynn had agreed to plead to a knowing and intentional false FARA filing. Dkt. 98-1.

In our endless document review, we now have a draft of the statement of offense that proves the contrary, showing similar language deleted. The absence of that language from the statement of offense or any charge of a false filing did not deter Mr. Van Grack from doubling down.
Enraged that Mr. Flynn reject their demand to lie, the prosecutors in the EDVA (Mr. James Gillis, Mr. Evan Turgeon, and Mr. John Gibbs, with Mr. Van Grack’s oversight) retaliated with an ex parte gag order and sealed filing on July 3. For the first time, the prosecutors claimed that Mr. Flynn was a co-conspirator. They put Michael Flynn Jr. on the witness list for the Rafiekian trial.”

The DOJ initially told the Judge that “Flynn was not a member of the alleged conspiracy,” but then tried to label Flynn a co-conspirator which was wisely rejected by the Judge.

The threat against Flynn – labeling him as a co-conspirator – came after he refused to agree to the false narrative set forth by Van Grack. The Judge in the Rafiekian case disagreed: “Flynn has not disavowed what is in the statement of facts.”

Van Grack’s FARA case (prosecuted by EDVA) against Flynn Intel Group member Rafiekian was a disaster from the start. Just before the trial, the DOJ hadn’t figure out how to instruct the jury on the FARA violation.

As the Rafiekian (Flynn Intel Group) case unraveled, they designated Flynn Jr. as a witness to intimidate Flynn. This was pure tactics – Flynn Jr. was never called as a witness.

The false charges claimed by Van Grack – that “Flynn had agreed to plead to a knowing and intentional false FARA filing” – was actually deleted from a draft of the Flynn Agreement.

This is important because Van Grack was telling Judge Sullivan in December 2018 that Flynn could be charged as a foreign agent under 18 USC 951.

Van Grack’s Section 951 theory was rejected by the Judge in the Rafiekian case. “Such a reading is unwarranted . . . based on the plain language of Section 951.”


October 24, 2019.

“3. Mr. Van Grack’s Productions of Flynn 302s Were Incomplete and Misleading. But it gets worse. When Mr. Van Grack made his first official production to former counsel of any actual documents (other than the (final) Flynn 302 produced on Nov. 22, 2017) on March 13, 2018—all of which should have been produced before Mr. Flynn pleaded guilty—Mr. Van Grack made it sound like there was only one 302:

This is false. On May 25, 2018, Mr. Van Grack dribbled out another production—again denying any obligation to do so under Brady or the Court’s Standing Order. This included a draft 302 dated February 10, 2017, as if it were the only other one. That was also misleading. After former counsel called Mr. Van Grack, on June 1, 2018, the government produced two more drafts of the 302—these dated February 11, 2017, and February 14, 2017. Mr. Van Grack did not explain why all these intervening drafts were not produced in March, nor how they suddenly turned up, and there are material differences— especially from February 10 to February 11. Ex. 11. Obviously, there are drafts of the 302, including an original draft in the files or subfiles of the Sentinel System of the FBI dating back to January 24, 2017, or so—the date of the actual interview of Mr. Flynn. Brady requires the production of the original 302, all drafts, notes, recordings, statements, and all testimony of the two agents along with all participants in any of the meetings to plan the ambush of Mr. Flynn “to keep him relaxed.” If they are not there, then they were wrongfully destroyed. Either way, the government must be held to account.”

Michael Flynn’s lawyer claimed in a December 2018 court filing that the FBI tampered with notes from his 2017 interview, during which Flynn pleaded guilty to lying. It appears that none other than former FBI attorney Lisa Page participated in the editing of Flynn’s statement.

In a 37-page motion, attorney Sidney Powell called on the court to “dismiss the entire prosecution for outrageous government misconduct” over allegations that FBI agents manipulated a form summarizing Flynn’s statements to investigators.

Rudy Giuliani, President Trump’s personal attorney, also found himself the victim of a FARA investigation under Van Grack after exposing the Biden crime family and all of their pay-to-play schemes in Ukraine, China, Iran, and Romania so the Deep State struck back.