• 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.

  • ZipDialog Roundup for Tuesday, November 14: All Sleaze Edition

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

    Roy Moore abandoned by national Republicans as more women accuse him

    Comment: With such a thin margin in the Senate, Republicans need the Alabama seat to pass legislation (not that they have done so, yet), but individual office holders cannot afford to back him. And they are absolutely right, ethically, to back away from this sleazebag.

    Unfortunately for Republicans, Moore owes them nothing, so they have no leverage to force him out of the race.

    Trump and his Press Secretary will have to answer the question, an awkward prospect.

    A write-in candidacy might win, but it’s a long shot.

    The New York Sun notes the precedent of the Adam Clayton Powell case, where the House refused to seat the long-time congressman in 1966 because of corruption. He took the case to the Supreme Court and won. In other words, Congress can remove people from office after giving them hearings but cannot refuse to seat them.

    That would mean immediate and nasty hearings to unseat Moore, with the prospect of further public humiliation. When he contemplates that, he might decide to back out. If he does, the Governor would probably postpone the election–over strenuous Democratic objections and lawsuits.

     AG Sessions testifies before Congress on Russia, Clintons, Roy Moore (New York Times)

    Attorney General Jeff Sessions, testifying before the House Judiciary Committee, showed selective recall on the Trump campaign’s Russia contacts.

    Mr. Sessions said he had “no reason to doubt these women” who have accused the man who wants his old Senate seat, Roy S. Moore, of seeking sexual or romantic favors from them as teenagers. –New York Times

    Sessions floats prospect of a Special Counsel to Investigate Uranium One, Clinton Foundation (Washington Post)

    The New York Times reports the same thing.

    Comment: There seems to be enough smoke here to warrant a serious investigation. If so, then it should be conducted by a Special Counsel, not the DOJ for several reasons. The most important, by far, is this:

    Any investigation of political opponents by law enforcement carries the heavy burden of perceived unfairness. Supporters of the opposing party (or candidate) will fear that the state’s power to investigate and punish is being used to crush opposition. That should never happen in a democracy. Even if the investigation is fair, it must be perceived as fair.

    While Sessions and other political appointees could–and would–say that the task has been delegated to “career professionals,” they would have to sign off on any recommendations to charge. Again, their opponents could not be confident the process was fair and impartial.

    Bottom line: Appoint a Special Counsel to investigate Uranium One, the Clinton Foundation, and the botched FBI investigation of the Clinton email server, including James Comey and Loretta Lynch’s roles.

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