Excellent, long thread about the origins of the Obama attacks on General Flynn by Brennan by Svetlana Lokhova, @RealSLokhova

threadreaderapp.com/thread/121

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The Great Rod Rosenstein...

"You know who knew better than ANYBODY ELSE in Washington DC how important it was to find the RIGHT GUY for that job?

THIS GUY.

And surface skimmers have told you for 3 1/2 years Trump appointed, and then REFUSED TO FIRE, the wrong guy."

twitter.com/drawandstrike/stat

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John Solomon's official announcement ...

Today, award-winning journalist, media commentator, and digital media innovator John Solomon announced the creation of a new media outlet called Just the News, that will address the growing need for fact-based, impartial news and compelling digital content.

prnewswire.com/news-releases/a

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A couple of hours ago Sidney Powell posted a prof Cleveland tweet that cautioned that it is not a done deal that judge Sullivan will allow Gen Flynn to withdraw his plea and responded thusly:

“True, but @GenFlynn is clear he will not repeat prior mistake and Judge Sullivan said he would not sentence a man who said he was innocent. What we have briefed so far is only tip.“

I can’t wait to see Sydney’s next brief. I don’t believe I have ever seen Sydney Powell over-promise and under-perform.

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@Debradelai @CecilScribe @awfulangel I always complain about RINOs mainly because it makes ME feel better.

BUT! I'd rather have them in there than have Schumer in charge. God help us all if that happens.

I hope others take my way of doing things... bitch and complain if it makes you feel better, but push for the Republicans.

The alternative will be disastrous.

It boils down to - we changed our mind on recommending probation, but there’s no prejudice to General Flynn because the 0 to 6 months sentencing recommendations remain the same.

Here’s the government’s weaselly argument that it is not really changing anything here in taking away its recommendation for no jail time for General Flynn:

thefederalist.com/wp-content/u

For those saying the Flynn has a great appeal - number 1, appeals take time - time away from family. And number 2, President Trump is not nearly done bringing in enough federal judges to counter-balance the highly partisan Obama judges. He’s made a lot of progress, but I wouldn’t want to bet my client’s future on the current state of the 10th Circuit. She has to present judge Sullivan with a myriad of reasons so he will have no reasonable alternative to ruling in Flynn’s favor.

The behavior of the government lawyers aside, I had hoped for more when Sullivan was assigned to the case. In the Ted Stevens case he seemed to get how uneven the playing field is when any defendant is coming up against the federal government, yet in the face of egregious conduct here, he seems to be willing to “look the other way”.

This may explain both why the judge, after substantial recent disclosures of government wrongdoings, did not go along with Powell’s previous Brady motion to require additional disclosures to the defendant and, more importantly, why Powell is girding for a much longer and important battle here.

“The tenor of Judge Sullivan’s text screeched disbelief. The long-time federal judge might as well have said that Flynn’s fancy new attorney was playing word games reminiscent of “it depends what the meaning of is, is.”“

As Cleveland notes, Powell”s motion includes substantial evidence that General Flynn NEVER intended the FARA filing to be deceptive, but Sullivan may have already come down on the government’s side on this issue.

From the article:

“Judge Sullivan then quoted several passages in which Powell made clear that while Flynn “accepted responsibility for the inaccuracies in the FARA filings,” he never reclaimed he “willfully allowed the filing to proceed—knowing and intending it to deceive or mislead.””

A further article by Professor Cleveland regarding the government’s last minute “about face” and possible reasons why Judge Sullivan may not be helping here:

thefederalist.com/2020/01/15/n

Sidney Powell: “It could go either way, he certainly has discretion as to whether to allow the withdrawal of the plea, but we’re more than convinced we need all the tests, no matter which way you look at it. This is just the first part of the motion on that. This portion of the motion is based on the breach of the plea agreement. There are a lot of other reasons that we’ll brief as soon as we possibly can.

Transcript from (and h/t to) @LoRosS26 on Twitter

From the Sean Hannity show last night:

Sean: “I almost got the impression the judge, in this case, was basically saying to you ‘Sidney, withdraw the plea! Does he have to approve this? Did you get the same impression from the judge?”

Thanks for working through Christmas - and we’re so sorry we couldn’t give you a one day extension so you could spend Christmas with your families - but we are going to give ourselves an extra week because “holidays”.

“Mr. Flynn provided his letter to the government by its requested deadline of 5 p.m. on December 26, 2019. The government notified Mr. Flynn that it was likely unable to meet its deadline to this Court of December 30, 2019, due to “the holidays” and requested an extension to January 7, 2020.”

Unprofessional, slime-ball move on the part of the government attorneys. Clear harassment of Powell and her associates - just because they can.

“Mr. Flynn replied and requested an extension to December 27, 2019. The government denied the request to the 27th, but it granted the defense an extension to 5 p.m. on December 26, 2019. This required the defense team to work through Christmas Eve and Christmas Day, only to receive “out-of-office for the week” replies from government lawyers to whom we sent the letter.“

OK, this burns me up. From Powell’s motion (section B-4):

“Unexpectedly, on December 20, 2019, the government requested from Mr. Flynn a letter outlining “the facts and circumstances that the defendant believes should be taken into consideration by the Departure Committee when determining whether the defendant merits a downward departure motion ... The government gave a deadline of noon, December 24, 2019 (Christmas Eve).”

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