A few weeks back I wrote about Honey Badger Sidney Powell's legal brief demanding Brady material, i.e., information that is possibly exculpatory that must be turned over to the defendant and his legal team. The Prosecutors (Jenny Liu, Brandon Van Grack and Jocelyn Ballantine) submitted their response and, instead of a measured, well-reasoned brief they opted for outrage, anger, stone walling and obfuscation. Most importantly, they admit that the Government did not believe General Flynn lied. Let me repeat that with emphasis–THE GOVERNMENT DID NOT BELIEVE GENERAL FLYNN LIED. But, despite that material fact, the Government charged Flynn with lying and coerced him into signing a plea in order to keep the Feds from ruining his son.
This is the type of tyranny that led my ancestors to take up arms and fight the Brits and kick their ass out of the United States.
Let me take you through some of the key passages of the Government response:
Michael T. Flynn entered a plea of guilty to a single count of knowingly and willfully making material false statements to the Federal Bureau of Investigation (“FBI”) regarding his contacts with the Government of Russia’s Ambassador to the United States (“Russian Ambassador”) during an interview with the FBI on January 24, 2017, Prior to his guilty plea, the government provided to the defendant information that could arguably be construed as exculpatory to that offense. The defendant subsequently waived any right to additional discovery, as part of his guilty plea.. . . The Court found that the defendant’s earlier guilty plea was entered “knowingly, voluntarily, intelligently, and with fulsome and satisfactory advice of counsel.”
Allow me to translate. Michael Flynn was represented by incompetent (and possibly corrupt) lawyers who did not press for the Brady material they were entitled to. The prosecutors argument is simple–Flynn pled guilty and he cannot recant.
Hold on their cowboy. Sidney Powell was asked by Judge Sullian why did Flynn accept the plea and Honey Badger came armed, like a good honey badger, with claws primed to tear the testicles off of an arrogant lion. Sundance at The Conservative Tree House succinctly summarizes her reply:
As highlighted, Michael Flynn–under pressure from Mueller’s prosecutors–signed a plea to avoid his son, Mike Flynn Jr., being indicted/accused. As we suspected General Flynn signed a plea deal to avoid seeing his son charged with a fabricated FARA violation. . . .
Mueller’s corrupt prosecutors used legally sketchy FARA violations, and threats therein, against many of their targets. Those tenuous legal theories have now been dispatched in two separate cases: Bijan Rafiekian (Flynn Intel Group), and Greg Craig (Obama White House). [Additionally the DOJ dropped the FARA investigation of Tony Podesta and Vin Weber for the same reasons.]
As a result of prior cases showing malicious prosecutions under false FARA pretenses, Flynn’s defense doesn’t have to try and convince Judge Sullivan that Michael Flynn and Mike Flynn Jr. were being threatened by those same heavy-handed DOJ tactics. It is now self-evident those tactics were deployed; the prosecution would be silly to try and deny their threats were present.
Let us return to the Government response to Ms. Powell's brief:
The defendant predicates much of his request on conspiracy theories, demanding that the government engage in a fishing expedition for documents that could offer support for those theories. Irrespective of whether such documents exist, a fact that the government does not concede here, the defendant fails to establish that such information is relevant—let alone favorable and material—in this criminal case.
This is just a damnable lie. At no point in her Brady brief did Sidney Powell reference any "conspiracy" theory. I think psychiatrists call this self-projection (i.e., Psychological projection is a defense mechanism people subconsciously employ in order to cope with difficult feelings or emotions. Psychological projection involves projecting undesirable feelings or emotions onto someone else, rather than admitting to or dealing with the unwanted feelings.)
Sidney Powell's Brady brief, in my opinion, is a demand that the Government produce documents showing that they knew Michael Flynn had not lied but charged him anyway for "lying." What is amazing is that the Government response admits this key point:
the government informed defense counsel that DAD Strzok said that the defendant had a sure demeanor and did not give any indicators of deception during the January 24 interview, and that both of the interviewing agents had the impression at the time that the defendant was not lying or did not think he was lying.
Is that clear enough for you Trump haters? Strzok and his partner DID NOT THINK FLYNN LIED.
Honest prosecutors would not have accepted a plea of guilty for lying. But that is exactly what they did. This is prosecutorial misconduct. Too bad I don't have a bag of coal. The prosecutors are standing before Judge Emmet Sullivan who absolutely hates prosecutorial misconduct. If you shoved that coal up the anal canal of each of these prosecutors you would get diamonds (intense pressure can turn coal into diamonds). Honey Badger is fighting for justice. Do not underestimate her.