Extraordinary manipulation by powerful people led to the creation of Robert Mueller’s continuing investigation and prosecution of General Michael Flynn. Notably, the recent postponement of General Flynn’s sentencing provides an opportunity for more evidence to be revealed that will provide massive ammunition for a motion to withdraw Flynn’s guilty plea and dismiss the charges against him.
It was Judge Rudolph Contreras who accepted General Flynn’s guilty plea, but he suddenly was recused from the case. The likely reason is that Judge Contreras served on the special court that allowed the Federal Bureau of Investigation to surveil the Trump campaign based on the dubious FISA application. Judge Contreras may have approved one of those four warrants.
The judge assigned to Flynn’s case now is Emmet G. Sullivan. Judge Sullivan immediately issued what is called a “Brady” order requiring Mueller to provide Flynn all information that is favorable to the defense whether with respect to guilt or punishment. Just today, Mueller’s team filed an agreed motion to provide discovery to General Flynn under a protective order so that it can be reviewed by counsel but not disclosed otherwise.
This development is huge. Prosecutors almost never provide this kind of information to a defendant before he enters a plea — much less after he has done so. This is one of myriad problems in our justice system. As Judge Jed Rakoff wrote several years ago, people who are innocent enter guilty pleas every day. They simply can no longer withstand the unimaginable stress of a criminal investigation. They and their families suffer sheer exhaustion in every form — financial, physical, mental, and emotional. Add in a little prosecutorial duress — like the threat of indicting your son — and, presto, there’s a guilty plea.
Judge Sullivan is the perfect judge to decide General Flynn’s motion. The judicial hero of my book, Emmet Sullivan held federal prosecutors in contempt for failing to disclose evidence, dismissed the corrupted prosecution of Alaska Senator Ted Stevens and appointed a special prosecutor to investigate the Department of Justice.
That independent counsel, Henry Schuelke, issued a scathing report finding systematic, intentional and pervasive misconduct in the Department of (In)Justice. He identified the prosecution’s deliberate concealment of evidence favorable to the defense. That is why Judge Sullivan both issues such Brady orders in each of his cases and encourages every other judge in the country to do the same.
Emmet G. Sullivan is one judge who is ready, willing and able to hold Mr. Mueller accountable to the law and who has the wherewithal to dismiss the case against General Flynn — for egregious government misconduct — if Mueller doesn’t move to dismiss it himself.
Judge Sullivan’s experience can only help General Flynn as more evidence appears every day to reveal that Flynn should not have been prosecuted. James Comey testified to Congress that the agents who interviewed Flynn — including the hopelessly compromised Peter Strzok — thought Flynn was telling the truth. The entire FISA warrant application becomes more problematic by the day.
Within the next six weeks, we will probably have the bombshell report of Michael Horowitz, the Inspector General for the Department of Justice. He is the one who discovered the Strzok-Page emails, and he has been investigating the FBI and DOJ in their Clinton cover-up for the last year.
Since Flynn entered his guilty plea, we’ve learned that information Mr. Comey leaked deliberately to “trigger” Robert Mueller’s entire investigation was classified. Also, FBI agents Peter Strzok, Lisa Page and Deputy Director Andrew McCabe were working on an “insurance policy” to protect the country against a Trump presidency. It seems plausible that this “insurance policy” included the appointment of a special prosecutor.
Indeed, the bases for throwing out everything Robert Mueller has touched grow exponentially as more truth finds sunlight.
Watching guilty pleas evaporate is nothing new for Mr. Mueller’s favored lieutenant Andrew Weissmann. Along with his Enron Task Force comrade Leslie Caldwell, Weissmann terrorized Arthur Andersen partner David Duncan into pleading guilty.
Weissmann and Caldwell made Duncan testify at length against Arthur Andersen when they destroyed the company and 85,000 jobs only to be reversed by a unanimous Supreme Court three years later. Turns out, the “crime” they “convinced” Mr. Duncan to plead guilty to was not a crime at all. The court allowed Duncan to withdraw his plea. And, that was not the only Weissmann-induced plea to be withdrawn either. Just ask Christopher Calger.
Judge Sullivan is the country’s premiere jurist experienced in the abuses of our Department of Justice. He knows a cover-up when he sees one. Until the Department is cleaned out with Clorox and firehoses, along with its “friends” at the FBI, Judge Sullivan is the best person to confront the egregious government misconduct that has led to and been perpetrated by the Mueller-Weissmann “investigation” and to right the injustices that have arisen from it. Stay tuned for the fireworks.