The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible against the wall. His function is to vindicate the rights of the people as expressed in the laws and give those accused of crime a fair trial. William O. Douglas, Supreme Court Justice
We have a system of justice in the US that treats you much better if you’re rich and guilty than if you’re poor and innocent. Wealth, not culpability, shapes outcomes. Bryan Stevenson, Law Professor
With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. Robert H. Jackson, Former Associate Justice of the Supreme Court
I think that sometimes the most intelligent things that prosecutors do is when they exercise their discretion not to go forward with a case. Rudy Giuliani
In June of 2019, Lt. General Michael T. Flynn fired his attorney, Rob Kelner of Covington and Burling LLP, and hired Sidney Powell. She requested 40 exculpatory documents from the FBI, yet none were forthcoming, including the original 302 reports by FBI Agents Strzok and Pientka of their interview with Michael Flynn.
(FBI Agent Strzok was fired and is now suing the FBI. Agent Joe Pientka – who lied to the FISA Court and later interviewed Flynn, was promoted and moved to the San Francisco area after the FBI learned of serious problems in his FISA application.)
Ms. Powell filed a motion to withdraw Michael Flynn’s plea of guilt on January 13, 2020. In his complaint, Flynn’s lawyers argued the general was targeted by “vindictive and unprincipled prosecutors” that engaged in “bad faith” by trying to reverse course on his 2017 plea agreement of no jail time, since he had fully cooperated with special counsel.
According to the motion, the government reneged on the agreement in 2019 when the General refused to perjure himself in a separate case involving a former business partner, Bijan Rafiekian. Flynn’s team has alleged his refusal to lie led the court to scrap the deal and in essence violate his plea agreement. He was granted a stay in his sentencing which was initially set for January 28th, 2020 to allow time for the change.
Attorney Powell then filed a supplemental motion to withdraw the plea of guilty and a brief in support. In the 27-page-filing, an add-on to her previous motions, Powell demanded charges be dropped against Flynn based on previously withheld exculpatory documents by the government and the IG report on FISA abuse.
Now the feds have backed off jailing General Flynn after stunning new evidence showing the government lied, hid exculpatory evidence and framed him. They have returned to the original plea agreement of no jail time.
Powell asserted that Flynn was innocent, claiming the “IG Report is replete with exculpatory information that, had it been known to Mr. Flynn, he never would have pleaded guilty.”
“In truth, I never lied. My guilty plea has rankled me throughout this process, and while I allowed myself to succumb to the threats from the government to save my family, I believe I was grossly misled about what really happened.”
We now know that the targeting of General Flynn was the beginning of the FBI’s “Crossfire Hurricane” operation against the Trump White House.
For over three years, this brilliant intelligence officer has been dealing with Mueller’s prosecutors, all of whom were Obama/Hillary supporters and Deep State players. Lt. General Michael T. Flynn is a patriot; he’s our brother; he’s given 33 years of his life in service to our country and he never lied to anyone, not the FBI and not VP Pence. Please support him now via MikeFlynnDefenseFund.org.
Flynn case update…Judge Sullivan asked the parties to address whether there needs to be an evidentiary hearing on Flynn’s effort to withdraw his guilty plea. The hearing may include “testimony from Mr. Flynn and other witnesses under oath, subject to cross-examination.”
Prosecutor Van Grack
Back in 2017, after FBI agents Strzok and Pientka had sandbagged the General with an interview, the Washington Post wrote that the agents said Flynn had not lied, but the Deep State wanted Michael Flynn gone from the Trump administration.
Brandon Van Grack served as a Senior Assistant Special Counsel on Robert Mueller’s team investigating the Russian collusion in the 2016 presidential election and related matters.
He was involved in several of the most public elements of the Mueller investigation, including General Flynn’s and Paul Manafort’s plea deals, and Manafort’s convictions in his trial. He has returned to the national security division of the FBI, but is still involved in Flynn’s court case.
Van Grack was chosen as the prosecutor in General Flynn’s case, and his actions have proven he’s no “law and order” federal attorney as shown in this history of his corrupt actions. According to attorney Joe diGenova, Van Grack is deep into corruption involving the Michael Flynn case and has apparently committed many false and fraudulent activities in efforts to indict General Flynn.
Brandon Van Grack is a Harvard Law School grad and is Chief of the Foreign Agents Registration Act (FARA) Unit at the Department of Justice, where he oversees enforcement and administration of FARA, which was used to spy on the Trump campaign. The law became the subject of intense interest following charges against former Trump campaign manager Paul Manafort, his right-hand-man Richard Gates, and Michael Flynn.
“A New Wave of Enforcement on FARA,” was co-written by Robert Kelner of Covington and Burling, General Flynn’s previous attorneys. The FISA court has now selected David Kris, a former Obama administration lawyer to oversee the FBI’s surveillance reforms. Nothing changes, Deep State corruption still runs the DOJ.
Van Grack’s Mentor
As Weissmann’s “pet,” Van Grack has learned the tactics used by Andrew Weissmann who over the years has manipulated the legal system, misled jurists, intimidated innocent people, and led the Special Counsel team in an unprecedented effort to remove a president.
He also led a grand jury inquiry in Northern Virginia scrutinizing Michael Flynn’s foreign lobbying. He even used a corrupt reading of FARA laws (since rejected by two courts) to target Mike Flynn Jr., not to prosecute Flynn Jr., but to force General Flynn to plea. Flynn Jr. became an official target on 10/20/17. General Flynn signed the plea deal on 11/30/17.
Weissmann is a committed Democrat who has donated thousands to Obama and Clinton. Anyone who has read Attorney Sidney Powell’s book, Licensed to Lie, or my recent articles, knows Andrew Weissmann should have been disbarred long ago. It was Judge Emmet Sullivan who exposed and overturned the reckless prosecutorial misconduct in the Enron, Merrill Lynch, Arthur Anderson and Senator Ted Stevens case. Yet, Eric Holder deliberately protected the prosecutors who violated the law, the constitution, fundamental principles of fairness, and longstanding rules of ethics in hundreds of criminal prosecutions.
Along with Brandon L. Van Grack, who donated to Obama in 2008, Ms. Zainab N.Ahmad, a Pakistani Muslim, a DOJ attorney specializing in counter-terrorism, prosecuted Michael T. Flynn. They helped secure a plea deal and Mr. Flynn’s cooperation, by harassment, intimidation of his son, and financial ruin.
Van Grack was another in the line of appointees sent to destroy the reputation of the very brilliant, principled and incorruptible intelligence officer hired by President Trump, a veteran who should still be working for the administration and the American people.
Robert Mueller’s Office of Special Counsel investigated Flynn for potential criminal charges that included 1) lying to the FBI about his conversation with the Russian ambassador while he was part of President Donald Trump’s national security transition team, and 2) making a false statement in his filings under the Foreign Agents Registration Act (FARA) for work he had allegedly done for the government of Turkey prior to the Nov. 8, 2016, election. Michael Flynn is innocent on both counts.
The General’s former attorneys at Covington and Burling actually helped him with his FARA filing regarding his lobbying for the Turkish government, and when it came up in the Mueller investigation, Covington had a conflict of interest but failed to tell General Flynn; tainting Flynn’s plea and all proceedings with constitutional error. The government even told Flynn’s counsel, but they failed to withdraw. They kept it a secret, and then they left the General defenseless and uninformed while he answered two days of questions by the Special Counsel Office (SCO). Instead of defending their client in front of government lawyers and agents, Covington even asked Flynn questions to elicit the answers the SCO wanted.
The Covington attorneys also did not bother to inform Michael Flynn before the plea was signed that both FBI Agents “did not believe he was lying” and “saw no indication of deception,” one of many failures to properly represent their client.
General Flynn’s original counsel was certainly not doing the best for their client and prosecutor Van Grack, another Deep State player, took advantage of that fact.
Subornation of Perjury
Van Grack had demanded false testimony from Mr. Flynn about the alleged “false statements” in the FARA filing. He knew it was false because Mr. Flynn had explained it to him on June 25, 2018 in preparation for his testimony to the grand jury for the Rafiekian indictment for which Mr. Van Grack touted Mr. Flynn’s “substantial assistance.” 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.
Sidney Powell walked the prosecutors through notes and documents that proved the truth of the defense’s statements on June 27, 2019. Instead of reevaluating the situation, Van Grack flew into a rage, not only because his nemesis is Sidney Powell who has referred to him as a Weissmann wannabe, but because he had tried to entrap the General into suborning perjury in the Bijan Rafiekian case by testifying against his former business partner.
Had the General done so, he could have been sentenced to five years in prison. Retaliation for Flynn’s “refusal to compose for the prosecution” is a process violation that puts the guilt on Van Grack, but nothing has been done by AG Barr.
Rafiekian’s case was tossed because of insufficient evidence to sustain his conviction on either of the two counts of violating the FARA during his work on behalf of Turkey.
The government had long known there was no conspiracy with Michael Flynn, his business partner Bijan Rafiekian or with Turkish businessman Alptekin. There was no evidence that Turkish officials directed, controlled, or gave instructions to anyone at Michael Flynn’s company, Flynn Intel Group. See page 10-12 of the motion to withdraw.
The corrupt history of Flynn prosecutor Brandon Van Grack – from the Special Counsel’s Office to the prosecution of Flynn is listed in eleven tweets on the thread reader. Van Grack likely knew of the ongoing efforts to destroy the Trump candidacy, and if that failed, his presidency.
Van Grack must have been aware of the spying on the Trump campaign. He knew there was an unauthorized review of private, privileged materials by the Special Counsel’s Office. The career staff at the General Services Administration (GSA) have unlawfully produced Trump for America (TFA’s) private materials, including privileged communications, to the Special Counsel Office (SCO) and although the SCO was aware that the GSA did not own or control the records in question, the SCO has extensively used the materials in question, including portions that are susceptible to claims of privilege, and without notifying TFA or taking customary precautions to protect TFA’s rights and privileges. Nice, huh? They spied on the entire Trump team and the orders obviously came from the very top.
On Page 19 of Powell’s initial Motion to Withdraw, she states, “Long ago, the Supreme Court instructed that ‘the right to counsel guaranteed by the Constitution, contemplates the services of an attorney devoted solely to the interests of his client,’ an admonition which we ourselves have had occasion to observe. ‘Undivided allegiance and faithful, devoted service to a client,’ the Court declared, ‘are prized traditions of the American lawyer. It is this kind of service for which the Sixth Amendment makes provision.’”
General Flynn has told the truth. He gave up nearly three years of his life to protect his family against blood-thirsty prosecutors and others on a mission to take him out because he spoke up, stood up and refused to lie.
The time has come for the Justice Department to do the same – anything less is repulsive to America’s justice system and to General Flynn’s civil rights.
With evidence, we now know that…
- It is the prosecutors who concocted false statements and false charges.
- It is the prosecutors who reneged on their end of the plea agreement.
- It is the prosecutors who have denied General Flynn his liberty and constitutional rights.
For 33 years General Flynn protected this nation against its enemies. For five years he faced bullets and bayonets in war zones under unimaginable conditions.
For the last three years, his war zone has been and continues to be weaponized by a corrupted group of prosecutors out to destroy him with any means in their arsenal.
General Flynn is an innocent man, and he will fight on with the support of his family and friends, his faith in God and his belief in America that fair and equal justice will prevail when the truth is known.
Orders from on high were executed by the DOJ to purposely set-up and destroy this decorated intelligence officer because he knows the truth. The charges against him must be dismissed, and he and his family must be made whole again.
Views and opinions expressed by authors and contributors do not necessarily represent the views of American Freedom Journal. Contributors are not paid.
© 2020 Kelleigh Nelson, All Rights Reserved