“That\u2019s the kind of stuff where you begin to get worried that basic \u2014 not just institutional norms \u2014 but our basic understanding of rule of law is at risk. And when you start moving in those directions, it can accelerate pretty quickly as we\u2019ve seen in other places,” said the former President.<\/p>\n
On Wednesday, Flynn’s lawyer Sidney Powell punched back<\/strong>\u00a0– correcting Obama’s inaccurate diatribe, while managing to drop MOABs on his “wingman” – former Attorney General Eric Holder, Andrew McCabe, Loretta Lynch and others. It’s quite the read.<\/p>\n Authored by Sidney Powell via sidneypowell.com\u00a0\u00a0<\/em><\/a>(emphasis ours)<\/p>\n To: Barack Hussein Obama<\/strong> Date: May 13, 2020<\/strong><\/p>\n Re: Your Failure to Find Precedent for Flynn Dismissal<\/strong><\/p>\n Regarding the decision of the Department of Justice to dismiss charges against General Flynn, in your recent call with your alumni, you expressed great concern: \u201cthere is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. That\u2019s the kind of stuff where you begin to get worried that basic \u2014 not just institutional norms \u2014 but our basic understanding of rule of law is at risk.\u201d<\/p>\n Here is some help\u2014if truth and precedent represent your true concern.\u00a0Your statement is entirely false.<\/strong>\u00a0However, it does explain the damage to the Rule of Law throughout your administration.<\/p>\n First<\/strong>, General Flynn\u00a0was not charged with\u00a0perjury<\/em>\u2014<\/strong>which requires a material false statement made\u00a0under oath<\/em>\u00a0with intent to deceive.1<\/sup>A perjury prosecution would have been appropriate and the Rule of Law applied if the Justice Department prosecuted your former FBI Deputy Director Andrew McCabe\u00a0<\/strong>for his multiple lies under oath in an investigation of a leak only he knew he caused.<\/p>\n McCabe lied under oath in fully recorded and transcribed interviews\u00a0<\/strong>with the Inspector General for the DOJ. He was informed of the purpose of the interview, and he had had the benefit of counsel. He knew he was the leaker.\u00a0McCabe even lied about lying<\/strong>. He lied to his own agents\u2014which sent them on a \u201cwild-goose-chase\u201d\u2014thereby making his lies \u201cmaterial\u201d and an obstruction of justice. Yet, remarkably, Attorney General Barr declined to prosecute McCabe for these offenses.<\/p>\n Applying the Rule of Law,\u00a0after declining McCabe\u2019s perjury prosecution, required the Justice Department to dismiss the prosecution of General Flynn who was not warned, not under oath, had no counsel<\/strong>, and whose statements were not only not recorded, but\u00a0were created as false by FBI agents<\/em>\u00a0who falsified the 302.<\/p>\n Second<\/strong>, it would seem\u00a0your \u201cwingman\u201d Eric Holder is missing a step these days<\/strong>\u00a0at Covington & Burling LLP. Indelibly marked in his memory (and one might think, yours) should be his Motion to Dismiss the multi-count jury verdict of guilty and the entire case against former United States Senator Ted Stevens.\u00a0Within weeks of Mr. Holder becoming Attorney General, he moved to dismiss the Stevens prosecution in the interest of justice for the same reasons the Justice Department did against General Flynn<\/strong>\u2014egregious misconduct by prosecutors who hid exculpatory evidence and concocted purported crimes.<\/p>\n As horrifying as the facts of the\u00a0Stevens<\/em>\u00a0case were, they pale in comparison to the targeted setup, framing, and prosecution of a newly elected President\u2019s National Security Advisor and the shocking facts that surround it.\u00a0This case was an assault on the heart of liberty<\/strong>\u2014 our cherished system of self-government, the right of citizens to choose their President, and the hallowed peaceful transition of power.<\/p>\n Third<\/strong>, the inability of anyone in your alumni association to find \u201canybody who has been charged [with anything] just getting off scot-free\u201d would be laughable were it not so pathetic.<\/p>\n Many of your alum feature prominently in the non-fiction legal thriller published in 2014:\u00a0Licensed to Lie: Exposing Corruption in the Department of Justice<\/a>. A national best- seller, it focusses on the egregious prosecutorial misconduct of your longest serving White House Counsel, Kathryn Ruemmler; your counter-terrorism advisor Lisa Monaco; Loretta Lynch\u2019s DAG for the Criminal Division Leslie Caldwell; and Mueller prot\u00e9g\u00e9 Andrew Weissmann. While they worked as federal prosecutors on the Enron Task Force\u2014under the purported supervision of Christopher Wray\u2014they destroyed Arthur Andersen LLP and its 85,000 jobs; sent four Merrill Lynch executives to prison on an indictment that criminalized an innocent business transaction while they hid the evidence that showed those defendants were innocent for six years<\/strong>. Both cases were reversed on appeal for their over-criminalization and misconduct. Indeed,\u00a0Andersen<\/em>\u00a0was reversed by a unanimous Supreme Court.<\/p>\n Fourth<\/strong>, even if your many alumni don\u2019t remember multiple cases that had to be reversed or dismissed for their own misconduct,\u00a0Judge Emmet Sullivan should remember dismissing the corrupted case against Ted Stevens<\/strong>. Judge Sullivan is the judicial hero of\u00a0Licensed to Lie<\/a>. It is that case that caused Judge Sullivan to enter the strong\u00a0Brady<\/em>\u00a0order the Mueller and D.C. career prosecutors violated repeatedly in the\u00a0Flynn<\/em>\u00a0prosecution.<\/p>\n Fifth<\/strong>, there is precedent for guilty pleas being vacated. Your alumni Weissmann and Ruemmler are no strangers to such reversals. At least two guilty pleas they coerced by threats against defendants in Houston had to be thrown out\u2014again for reasons like those here.\u00a0The defendants \u201cgot off scot-free\u201d because\u2014like General Flynn\u2014your alumni had concocted the charges and terrorized the defendants into pleading guilty to \u201coffenses\u201d that were\u00a0not crimes<\/em>.<\/strong>\u00a0Andersen partner\u00a0David Duncan<\/a>\u00a0even testified for the government against Andersen in its trial, but his plea had to be vacated. Enron Broadband defendant\u00a0Christopher Calger<\/a>\u00a0had his plea vacated. There are many others across the country.<\/p>\n Sixth<\/strong>, should further edification be necessary, see\u00a0Why Innocent People Plead Guilty<\/em>, written in 2014 by federal Judge Jed Rakoff (a Clinton appointee). Abusive prosecutors force innocent people to plead guilty with painful frequency. The Mueller special counsel operation led by Andrew Weissmann and\u00a0Weissmann \u201cwannabes\u201d specializes in prosecutorial terrorist tactics<\/strong> repulsive to everything \u201cjustice\u201d is supposed to mean. These tactics are designed to intimidate their targets into pleading guilty\u2014while punishing them and their families with the process itself and financial ruin.<\/p>\n Most important, General Flynn was honest with the FBI agents. They knew he was\u2014and briefed that to McCabe and others three different times. At McCabe\u2019s directions, Agent Strzok and McCabe\u2019s \u201cSpecial Counsel\u201d Lisa Page, altered the 302 to create statements Weissmann, Mueller, Van Grack, and Zainab Ahmad could assert were false. Only the FBI agents lied\u2014and falsified documents. The crimes are theirs alone.<\/p>\n Seventh<\/strong>, the D.C. circuit in which you reside vacated a Section 1001 case for a legal failure much less egregious than those in General Flynn\u2019s case.\u00a0United States v. Safavian<\/em>, 528 F.3d 957 (D.C. Cir. 2008). Safavian sought advice from his agency\u2019s ethics board and did not give them all the relevant info. The jury convicted him on the theory it was a 1001 violation to conceal the information from the government ethics board. The court disagreed: \u201cAs Safavian argues and as the government agrees, there must be a legal duty to disclose in order for there to be a concealment offense in violation of \u00a7 1001(a)(1), yet the government failed to identify a legal disclosure duty except by reference to vague standards of conduct for government employees.\u201d\u00a0General Flynn did not even know he was the subject of an investigation\u2014and in truth, he was not.\u00a0<\/strong>The only crimes here were by your alumni in the FBI, White House, intelligence community, and Justice Department.<\/p>\n These are just a few obvious and well-known examples to those paying any attention to criminal justice issues.<\/p>\n Finally, the \u201cleaked\u201d comments from your alumni call\u00a0further evinces your obsession with destroying a distinguished veteran of the United States Army who has defended the Constitution and this country<\/strong>\u00a0\u201cfrom all enemies, foreign and domestic,\u201d with the highest honor for thirty-three years. He and many others will continue to do so.<\/p>\n 1<\/sup>As a \u201cconstitutional lawyer,\u201d surely you recall that perjury (or false statements) also requires intent to deceive. In\u00a0Bronston v. United States<\/em>, 409 U.S. 352 (1973), the Supreme Court reversed a conviction of perjury. In\u00a0Bronston<\/em>, the defendant\u2019s answer was a truthful statement, but not directly responsive to the question and ultimately misled federal authorities. The Court determined: \u201cA jury should not be permitted to engage in conjecture whether an unresponsive answer, true and complete on its face, was intended to mislead or divert the examiner; the state of mind of the witness is relevant only to the extent that it bears on whether \u201che does not believe [his answer] to be true.\u201d To hold otherwise would be to inject a new and confusing element into the adversary testimonial system we know.\u201d\u00a0Id<\/em>. at 359. The FBI agents who interviewed General Flynn specifically noted that his answers were true or he believed his answers to be true\u2014completely defeating criminal intent. Furthermore, General Flynn knew and remarked they had transcripts of his conversations.<\/p>\n Click here to read a PDF version of Sidney\u2019s Open Memorandum to Obama<\/a><\/p>\n![\"\"](\"https:\/\/zh-prod-1cc738ca-7d3b-4a72-b792-20bd8d8fa069.storage.googleapis.com\/s3fs-public\/styles\/inline_image_desktop\/public\/inline-images\/Sidney-Powell-EpochTimes_510A8666-1-1-700x420_0.jpg?itok=UzMkkK-a)
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\nFrom: Sidney Powell<\/strong>
\nwww.SidneyPowell.com<\/a><\/strong><\/p>\n
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