• Judge reopening Flynn plea deal. He wants to know if Mueller’s team withheld evidence

    Here’s the headline (link here)

    How A Plea Reversal From Michael Flynn Could Uncover More Federal Corruption

    Did Robert Mueller’s office withhold other evidence in Michael Flynn’s prosecution, either from the FISA court or from Flynn’s attorneys

    There is reason to believe so.

    It’s from a conservative site, The Federalist, but it is not really an editorial story. It’s news, possibly quite important news, and it has been completely overlooked.

    On Friday, Judge Emmet Sullivan issued an order in United States v. Flynn that, while widely unnoticed, reveals something fascinating: A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works.

    Just a week ago, and thus before Sullivan quietly directed Special Counsel Robert Mueller’s team to provide Flynn’s attorneys “any exculpatory evidence. ….

    On November 30, 2017, prosecutors working for Mueller charged former Trump national security advisor Flynn with lying to FBI agents. The following day, Flynn pled guilty before federal judge Rudolph Contreras. Less than a week later — and without explanation — Flynn’s case was reassigned to Judge Emmet G. Sullivan.

    With [the judge’s new] protective order in place, Flynn’s attorneys should start receiving the required disclosures from the special counsel’s office. There is reason to believe these will include some bombshells. –The Federalist

    We now know that the FBI agents who interviewed Flynn believed he told the truth and were overridden by Mueller’s team. We do not know if that information or other exculpatory evidence was revealed to Flynn. We do know that the Mueller prosecution was bankrupting him and involved legal threats to Flynn’s son, which seemed to disappear after the father’s plea. We also know that Flynn failed to register as a foreign agent, as he was legally required to do.

    We also know that the #2 guy on Mueller’s team has been reprimanded previously by a judge for withholding evidence and, separately, was overruled 9-0 by the Supreme Court for his prosecution of the Arthur Andersen accounting company, a prosecution that destroyed the company and cost over 10k jobs.

    FYI: Judge Sullivan is the one who absolutely lacerated the US Attorneys who systematically concealed evidence in their corrupt prosecution of Alaskan Republican Sen. Ted Stevens, causing him to lose the election and swing the US senate. Do not mess with Judge Emmet Sullivan.

  • House Intelligence Committee now looking at targeting of Trump Campaign by Obama intel agencies, also raisng perjury questions

    Exclusive at Real Clear Investigations: CIA Ex-Director Brennan’s Perjury Peril (link here)

    Here is the heart of Paul Sperry’s report:

    House Intelligence Committee Chairman Devin Nunes next plans to investigate the role former CIA Director John Brennan and other Obama intelligence officials played in promoting the salacious and unverified Steele dossier on Donald Trump — including whether Brennan perjured himself in public testimony about it.

    In his May 2017 testimony before the intelligence panel, Brennan emphatically denied the dossier factored into the intelligence community’s publicly released conclusion last year that Russia meddled in the 2016 election “to help Trump’s chances of victory.”

    Brennan also swore that he did not know who commissioned the anti-Trump research document, even though senior national security and counterintelligence officials at the Justice Department and FBI knew the previous year that the dossier was funded by the Hillary Clinton campaign.

    Last week, Nunes (R-Calif.) released a declassified memo exposing surveillance “abuses” by the Obama DOJ and FBI in their investigation of Trump’s ties to Russia. It said the agencies relied heavily on the uncorroborated dossier to take out a warrant to secretly surveil a Trump adviser in the heat of the 2016 presidential election, even though they were aware the underlying “intelligence” supporting the wiretap order was political opposition research funded by Clinton allies — a material fact they concealed from FISA court judges in four separate applications. –Paul Sperry at Real Clear Investigations

     

  • Your property? Yeah, right, pal. I got friends who want it

    The headline: “Chicago Alderman Who Told Businessman to ‘Come Back To Me On Your Knees’ Sued for Abuse of Power (Reason’s Hit and Run blog)

    Chicago Alderman Proco Joe Moreno wanted to help a business [Double Door Music Hall] that had contributed to his campaign coffers. So he told Brian Strauss, a firefighter and property owner, to rent his building to the business or suffer the consequences. When Strauss refused to comply, Moreno made good on his threats, downzoning Strauss’s building and scuttling multiple attempts to sell the property.

    Strauss is now suing, arguing that Moreno’s abuses of his aldermanic powers violate Strauss’ rights under the Fifth and Fourteenth Amendments. –Reason blog

    The story Reason reports is grotesque.

    The key for outsiders to understand: Chicago alderman hold tremendous power to zone buildings within their ward. That power to zone translates, naturally, into campaign donations from people with zoning needs.

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    Strauss’ family has owned the building housing Double Door since the 1960s. It’s in a now-popular area. According to Strauss, Double Door had violated their lease and he wanted to evict them.

    That’s when Alderman Moreno, the recipient of campaign donations from Double Door, stepped in–with rage and power:

    “I’m tired of hearing about the sympathy of you and your family,” the alderman reportedly told Strauss and his attorney at one meeting. “Double Door is going to be in that building, there will never be another tenant in there, there will never be another sign on that building.”

    Over the coming months, Moreno—in meetings brokered and attended by staffers for Chicago Mayor Rahm Emanuel—tried to get Strauss to sell his building to Double Door for $7 million, despite its market value of nearly $10 million.

    When that failed, the alderman started introducing downzoning proposals for Strauss’s property that would have made it off limits for most business uses. In June 2017, Moreno even tried to reclassify the building as a residential unit, which would prohibit practically all commercial uses.

    That failed, but in September the city council did pass a downzoning ordinance, which prevents Strauss from converting his property to a general restaurant, a bar, or even, ironically, its previous use as concert venue.

    In a very public, and very disturbing, encounter with Strauss, Moreno made clear his zoning changes were all about extracting concessions.

    “You can come back to me on your knees, which is going to happen,” he raged. “It’s gonna be an empty building with no income for you or your family.” –Reason blog

    In fact, Strauss has tried to sell but he says three sales have fallen through because of the zoning changes.

    Now, he’s suing, saying that Moreno’s “extreme and outrageous” conduct amounts to a taking of his property without due process.

    ♦♦♦♦♦♦

    CBS2 Chicago investigated. Their findings confirm Moreno’s bullying behavior, some of it caught on cell phone video.

    Their headline: [CBS] 2 Investigators: Alderman Threatens To Ruin Landlord’s Business

    In the video, Moreno says he’s upset over the “tragedy” of the club’s closing.

    “It’s a part of life,” Strauss says.

    “Right,” Moreno says. “And part of life is also that you’re not going to have a tenant in here for three years.”

    The fight reportedly stems from Moreno wanting to keep the Double Door, a campaign donor, in the building. –CBS2 Chicago

    ♦♦♦♦♦♦

    Another news investigation, this one by a former Inspector General for the city, has reached the same basic conclusions (Project Six investigations)

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    Comment: If the story reported by Reason and CBS2 is true, then the alderman’s conduct was “extreme and outrageous”–and utterly true to form for Chicago city government.

    Alderman have extensive control over zoning in their wards. Fellow aldermen defer to each other, enjoying the benefits of reciprocity and fearing anything that would undermine it.

    Their power to zone translates into the power to raise donations from anybody with real estate interests.

    It’s the circle of life in politics.

    My question: Why is this only a civil case? The actions alleged ought to be investigated as possible felonies by federal attorneys. (Expecting state attorneys to do such investigations of fellow pols is crazy talk.)

    Thanks to Tom Elia for this story.

  • ZipDialog Roundup for Saturday, September 23

    Articles chosen with care. Your comments welcomed.
    Linked articles in bold purple

    ◆ John McCain puts a dagger in the heart of “repeal and replace.” Won’t support bill of his close friend, Lindsey Graham (New York Times)

    Comment: There is still a thin path, but it is only a sliver since several Republicans are likely “no” votes.

    Even if the Senate passes something, it might not make it through the House.

    If this bill fails, as expected, then Congress will move onto tax reform and tax cuts.

    Trump in his element: Gives a rousing speech to enthusiastic crowd in Alabama, offers strong support to underdog Senate candidate, Luther Strange (Al.com)

    Comment: Strange is running behind former Alabama state judge, Roy Moore, who redefines the word “controversial.”

    Besides the usual kind words for “Big Luther,” Trump underscored two points.

    1. Strange had given him crucial support on legislation without making demands (Trump emphasized the Senator’s loyalty to him, Trump, and not to Mitch McConnell).
    2. Strange is sure to win in the General Election; Moore is far less certain to win, though Trump said he would back him in the general.

    Handling Sexual Assault Investigations on Campus: Sec. of Ed. Betsy DeVos Reverses Obama-Era Policy (New York Times)

    The nub of the matter: Under Obama, standards of proof were lowered significantly. DeVos is allowing colleges to raise the standard, once again, to “clear and convincing evidence.”

    DeVos on Friday scrapped a key part of government policy on campus sexual assault, saying she was giving colleges more freedom to balance the rights of accused students with the need to crack down on serious misconduct.

    The move, which involved rescinding two sets of guidelines several years old, was part of one of the fiercest battles in higher education today…

    The most controversial portion of the Obama-era guidelines had demanded colleges use the lowest standard of proof, “preponderance of the evidence,” in deciding whether a student is responsible for sexual assault, a verdict that can lead to discipline and even expulsion. On Friday, the Education Department said colleges were free to abandon that standard and raise it to a higher standard known as “clear and convincing evidence.” –New York Times

    The Obama Administration lowered the standard unilaterally, without the normal discussion associated with regulatory changes. They simply sent colleges a “dear colleagues” letter of advice that effectively told them what they had to do to keep their federal funds.

    FIRE, the Foundation for Individual Rights in Education, hailed DeVos’ decision: “Dear Colleague: It’s over! Education Department rescinds controversial 2011 letter”

    Comment: It is fitting that the Obama Administration skirted all procedural restrictions to impose its policy. That’s exactly what Campus Kangaroo Courts do.

    Second, since colleges can now set their own standards of proof, expect the battle to shift there. Administrators are in total control of these campus investigations, so the wrongly-accused students’ main hope will be federal courts.

    Responding to the Opioid Crisis: CVS will limit prescriptions to 7-day supply (CNN)

    Comment: The scale of the emergency is staggering.

    Every three weeks, the number of Americans who die from drug overdoses equals the deaths in the Twin Towers.

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