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২৬৭টি মন্তব্য:
«সবচেয়ে পুরাতন ‹পুরাতন 267 এর 201 – থেকে 267“Listening to Kislyak's calls was never a 4th Amendment problem. The truly incidental discovery of Flynn's conversation was therefore not a 4th Amendment problem.”
The conversation may have been incidentally recorded, but the unmasking of the identity of a US Person in the United States was anything but incidental. Flynn’s identity was unmasked, and that required legal justification. Absent that, it was a 4th Amdt violation. Minimization, which includes the unmasking requirement, is a good part of how Congress designed FISA to not violate the 4th Amdt.
The unmasking was a 4th Amendment violation against a U.S. citizen.
Why isn't that under review?
I already agreed, Bruce Hayden.
:-)
chickenlittle,
The Mueller investigation is the coverup mechanism by which Obama Administration violations are obscured.
The whole point is to restrain the Trump Administration from revealing the truth.
You boyz keep talking about FBI misdeeds.
Yesterday, Judge Sullivan asked specifically if Flynn's lawyers were claiming that Flynn's guilt was in any way diminished by any FBI misdeeds. And the answer to all of those questions was an unequivocal "No, your honor."
Michael Flynn's lawyers ultimately apologized for the intimation that Flynn's guilt may be diminished by FBI wrongdoing. They insisted to the Judge that they, not the defendant, were solely responsible for those claims.
Bruce Hayden;
I understand you reasoning... for a criminal proceeding, but the Flynn interrogation was a counter intelligence investigation.
My question is, does it make a difference the govt is using its counter intel powers, not criminal investigation powers, with the constitutional barriers of such.
All of these documents are so heavily redacted because Mueller gets to claim national security.
The FBI and DOJ called it an insurance policy.
Yes, we know Chuck Mueller has Flynn's balls in a vice threatening him with prosecution for any number of things unrelated to Meuller's hunt for the white whale.
Unknown said...
"It's a 15 minute video. Life is too short. If it needs to be referenced here, tell us what it says."
Hey, I only watched the first 7 minutes. He is saying that Sullivan is trying to explain to Flynn that none of the things in his brief make any difference if he pleads guilty. If he insists on pleading guilty, he will be sentenced based on what he has pled to, and that is a very serious charge. The "treason" thing was basically an example of how serious the charges are. It sounds like Sullivan is not happy about accepting a false, coerced guilty plea, but Flynn is not willing to back out of the deal. He doesn't want to be tortured any more. So Sullivan kicked the can a ways.
iowan2,
The 4th Amendment protects all U.S. persons from unmasking without a warrant.
The Obama Administration ignored those civil rights safeguards.
Chuck cheers the civil rights violations.
So do all Leftists.
Cope Land old episode. Cope Land After Hours.
So, Chuck, contrary to the WSJ reporter at the scene saying that Mueller's lawyers had to tell the Judge that Flynn had NOT been a lobbyist for Turkey while acting as President Trump's national security advisor, you "know" that the Judge simply discovered his mistake during a break? Since neither of us have seen the full transcript, your version is as good as mine (except that mine is based an eyewitness report). "What a tangled web we weave..."
" Would this tarnish the judge's reputation? Of course it would. But it wouldn't impoverish the judge. Flynn made mistakes too but he doesn't get to just say "sorry." If he won't recuse himself, he should be replaced and forced to live with that publicity."
The judge is lucky the FBI wasn't asking him questions when he made that mistake. Somebody might call him a traitor, bankrupt him, and put him jail.
I've determined the Jarid Polis interview with Ross Kaminski on 630 KHOW is the best radio I've ever heard.
I, like with Trump, doubt anything said was meant, but the improvement from complete bullshit "Are you a small government Conservative?"
"Why yes, yes I am" duly (not dually) noted
I love CO.
ALqya qlll.
I guess it be oughted noted, the only interview I really care about is that which makes my name.
I AM OCTOSEAL
Oh shitt....
THat was lol[[osed to be 8:49 not 8:49.
Birkel said...
Correct, Bruce Hayden.
The unmasking was a 4th Amendment violation against a U.S. citizen.
Funny how neither Flynn nor his lawyers are claiming that his guilt in the pending case is lessened by any claimed 4th Amendment violation.
Maybe you should replace Robert Kelner of Covington & Burling as Flynn's counsel. After all, what good are his credentials?
He's missing on a crucial 4th Amendment defense! Right?
Understand if y'all hate me, I hpoe so may ways,
But Robin WIlliam's Popeeyr is a Beholder of Eyes.
First off, that dang nice lady Shelly Duval was treated human and thrived.
I've hated anything since (I saw) that didn't let her thrive. MADE ANGRY.
Hey where's the great talent Jodie?
Why don't laws apply to Marty?
Bob Deniro go fade off, son.
The mafia mob corruptocrat money grubbing gay mafia left get to do what they want with you.
Impoverish you. Lie about you. Throw you in jail.
Here in CO - the corrupt money grubbing fascist gay mafia are going after the cake baker again.
Polis-Hillary will lead the hack pack. Obey.
robother said...
So, Chuck, contrary to the WSJ reporter at the scene saying that Mueller's lawyers had to tell the Judge that Flynn had NOT been a lobbyist for Turkey while acting as President Trump's national security advisor, you "know" that the Judge simply discovered his mistake during a break? Since neither of us have seen the full transcript, your version is as good as mine (except that mine is based an eyewitness report). "What a tangled web we weave..."
No I agree with you that Sullivan did ask the Government, on the record, about the timing of Flynn's last contact with Kislyak, and also the timing on Flynn's work for Turkey.
With regard to the break in the hearing, I think that was when it was made known to Judge Sullivan that his intemperate reference to Flynn's being a "traitor", and it was after that that the judge determined to clear up his remark.
Not insect politics but lapidary speech will overcome ala King Jr.
Like many things true, I've said it.
It is inconceivable the reserve of mighty decency in America, all by its once again lonesome.
I busted, rightly, Steyn's ball(s) over a decade ago.
(recinded and bought a t-shirt "Steyn and the Stick" later but now I unrecind)
You want to revise and extend remarks:
https://mobile.twitter.com/nycsouthpaw/status/1074727119576543232
Yes the beatings will continue till morale improves
Fact is I considred GBB or bubutheGreat a bot.
No joke.
WQhy always the lack of response to "How did we get here?"
I artfully, fully, phrased to/for/about him and he came back time and time again to: CA sucks.
We agreed from the moment it said "CA sucks."
I remember the arguments.
WHat do you take me for?
I said if CA is the future then America is as that has been its def of CA on USA.
So goes USA influence on world.
But no.
Okay why.
Dynamic.
Yes duh expound.
USA dumb stupid as San Fran ...
Okay agreed.
But you never not once addressed my Reserves argument.
I never laid it bare because why? Likes of you?
I practiced law in DC for almost 50 years. Although I don't recall ever appearing before Judge Sullivan, my recollection is that he was generally regarded as a good judge while he was on the local courts, Superior Court and then DC Court of Appeals. If he went bad, it was when he got the lifetime appointment to the federal bench. Although lifetime appointments are intended to promote judicial independence, they also promote judicial arrogance. Assuming arguendo (law Latin for "assuming for the sake of argument") that the news reports of his behavior at the Flynn hearing are fairly accurate, he ought to recuse himself from the Flynn case and quietly resign.
Yesterday, Judge Sullivan asked specifically if Flynn's lawyers were claiming that Flynn's guilt was in any way diminished by any FBI misdeeds. And the answer to all of those questions was an unequivocal "No, your honor."
What is it about "They are constrained to respond that way in order to adhere to the plea agreement" that you don't understand? In other words, if they had said "Yes" they would have put their client in jeopardy. Or are you just willfully obtuse?
Obtuse is his middle name.
Much like they said Brazil will always be the future, thatz more right than they intended.
Jarid Polis is the gay Donald Trump.
CO is set to skyrocket.
Glad Amazon didn't fuck with our traffic even more. No good.
I ain't happy about the 20% income tax increase but, you know what, I could have figured out how to live in WY.
James K said...
Yesterday, Judge Sullivan asked specifically if Flynn's lawyers were claiming that Flynn's guilt was in any way diminished by any FBI misdeeds. And the answer to all of those questions was an unequivocal "No, your honor."
What is it about "They are constrained to respond that way in order to adhere to the plea agreement" that you don't understand? In other words, if they had said "Yes" they would have put their client in jeopardy. Or are you just willfully obtuse?
So you don't believe that those were honest, valid responses by Mr. Kelner to Judge Sullivan's several questions? You think that the honest answer is that they think that Flynn was set up?
I don't really care if you think that Kelner and Flynn were falsely denying any contention that there was FBI wrongdoing in Flynn's case. I don't care, because they are now on the record.
I am not going to amuse any Trump cultist on this subject. We have a record from United States District Court proceedings. If somebody thinks that there was FBI wrongdoing in Flynn's case, they should say so. But Flynn and his attorneys are really the only voices that matter, and as clear as can be, they said that there was no FBI wrongdoing that lessens Flynn's guilt, to which he wants to plead guilty.
I am now sick and tired of this nonsensical bullshit from you cultists. There is a record in this case. Defendant Flynn is not claiming that any FBI wrongdoing has any bearing on his guilty plea. And it is too goddamned bad if you don't like it or the people you like to read on the internet have other theories. It no longer matters.
Before Flynn comes back to court again, to hopefully avoid federal incarceration, he will double and triple down on every possible cooperation that he can provide to the prosecutors, as well as his renunciation of any claim of FBI wrongdoing.
"A clear indication that the Washington political elite has lost its collective mind was furnished on Tuesday when federal district judge Emmet Sullivan implied General Michael Flynn had committed treason by being an undeclared agent of a NATO ally (albeit a wayward ally — Turkey), an offense he apparently committed but which has not been officially charged. The other headliner was fired FBI director Jim Comey claiming memory loss regarding the events of two years ago 245 times before the House Judiciary Committee, denying any responsibility for the public-relations problems of the Bureau, disputing that his political biases influenced his performance in office, and telling a New York audience that the future of the country depended on throwing Trump out of office in 2020. J. Edgar Hoover, “the nation turns its lonely eyes to you.”
All of these attacks — on the Trump charities, the Trump inauguration committee, and by the two angry (and greedy) women — is piffle. The president can’t lose this match politically, and as his opponents have descended beneath him, he has already won morally."
https://www.nationalreview.com/2018/12/trump-victory-assured-robert-mueller-investigation/
If you think general Flynn is getting a raw deal with this lawfare,
Put your money where your mouth is.
mikeflynndefensefund.org
That means everyone.
John Henry
We understand the difference between cultist and freaking out every moment of every day.
I think dismissing general Flynn opened up a pandoras box of trouble, his predecessor tried to make an al queda assassination go away then you have Clapper who whopeasl abused surveillance capacities
Wholesale abused, but there was little continuous outcry.
Best case scenario is Hickenlooper (always pronounced "Hinckenlooper" with the extra "n" for reasons I don't know why but suspect are related to "hick" bigotry reversed) wins.
But he won't, and his corruption via the process is 100% guaranteed.
I notice no one has actually addressed how exactly Mueller's team planned to attack the case, outside of Flynn surrendering and admitting to a crime that the FBI didn't think he committed.
Jupiter, thanks for posting that youtube of the hearing synopsis. After reading all of the hyperbolic "coverage" yesterday from both sides of the political spectrum, this was the most sober assessment by someone trying to be fair and putting context to what the Judge was saying. The judge really does seem to be sceptical about the whole deal and emphatically asking Flynn repeatedly if he really means to do this. If it's as serious as what Mueller is saying why are they also recommending little or no jail time? Sullivan has pushed for a continuance with the hope that both sides can get their story straight or better still go to trial to sort it all out. That is a simpler and probably less exotic explanation for what is going on.
"You think that the honest answer is that they think that Flynn was set up?"
-- Even the FBI admitted he was by admitting they told him not to bring a lawyer and asked him about things they already knew, that they didn't initially think he lied to them until they were forced to change their 302s months later in ways they refuse to tell us about.
Flynn may be guilty as sin; it is foolish to pretend the FBI did not act badly here. Just like in the Ted Stevens case. Or any number of other cases.
But he won't, and his corruption via the process is 100% guaranteed.
As is the case of all who enter. RElportd or not.
People usesd to know these things.s
Now it's ulp to me.
Okay.
"Defendant Flynn is not claiming that any FBI wrongdoing has any bearing on his guilty plea. "
-- And the black guy who originally insisted he was innocent and later ended up with mysterious injuries may also not accuse the police of wrong doing relating to his guilty plea, but we'd be kind of stupid not to ask how come he insisted he was innocent before disappearing into the back room for awhile.
(Again: I think Flynn probably did do some of the things he's accused of, namely when it comes to mismanaging paperwork and other such things. I don't know whether he lied to the FBI. We'll never actually know since the FBI actively distorted and hid the evidence that would let us see that by altering the 302. In any other case I can think of, the police or law enforcement altering evidence would pretty much guarantee someone's freedom.)
@Chuck
Think of it this way. Sullivan was asking Flynn’s lawyer if they were making this objection, or that objection. If they were objecting to him being setup, etc. And Flynn’s attorney was effectively saying that they were waiving this objection, and were waiving that objection. This is really not much different from when judges accept pleas from unrepresented parties. They will ask the defendant if they know that they can have an attorney. That one will be provided for them, etc. They want the waiver of those rights on tape, or at least on paper. Flynn’s attorneys had brought up these issues in their sentencing memo, and I think that the Judge was right to nail down Flynn and his attorneys, like he did, that, despite what they said there, they are essentially waiving all those objections that they had effectively brought up on their sentencing memorandum.
I have little doubt, from his previous statements, that this judge doesn’t fully understands what is going on in front of him. There are reasons that Flynn plead guilty to a process crime that he probably didn’t commit, and was setup for. If all they had on Flynn is lying to the FBI, I think that this judge would have dismissed it with extreme prejudice. But very obviously there is much more happening here. Flynn almost assuredly has one or more very good reasons to have pled guilty to this charge, and it probably involves either more significant charges that could be brought against him, and/or legal jeopardy to his son. Which, I fully expect, is why, when asked whether Flynn wanted to raise any of the objections that his attorneys had brought up obliquely in their sentencing memorandum, they repeated declined, because that would very likely void the plea deal that he had signed with Mueller and his team.
But that doesn’t mean that they are stipulating that he wasn’t set up, etc, but rather that they are stating for the record that, despite what they said in their sentencing memorandum, they are waiving those objections, and not raising them. Nothing more.
“I notice no one has actually addressed how exactly Mueller's team planned to attack the case, outside of Flynn surrendering and admitting to a crime that the FBI didn't think he committed.”
My guess, and that of a number others, is a claim that he was an unregistered foreign agent, thus violating FARA. Not for Russia, of course, but for Turkey, one of our putative allies. Still, FARA doesn’t distinguish overly much by national alliances - people have gotten in trouble in the past representing Israel, a much closer ally, without registration.
There are very very very very very very very very very be few moment s when Ace means something more.
Today was that single day for me when Ace meant a whole heck of a lot.
B24
We have a record from United States District Court proceedings.
Well, I guess that settles the issue. Surely the DC Circuit Court is one forum in which no one has ever made a false statement for tactical reasons.
You used to be someone over there, with a movie fixation?
Obviously, late to the party. But, people, treason is a capital offense. You could look it up. I confess to not understanding a judge capable of accusing a man of treason in open court and then, later, saying, "heh-heh, you shouldn't take me so seriously." Treason is about the most serious crime there is, the only one laid out in the Constitution, which skips over such bagatelles as mass murder. It isn't something for ordinary people to jest about. For a member of the judiciary ...
Chuck, among others, says that the judge had access to the unredacted indictment. This, as everyone here very well knows, doesn't convey license to refer to it. Material not charged is material not charged; Flynn is not being indicted for it, whatever it is, and the judge is confined to matters Flynn has pled on and nothing else.
Birkel said...
gadfly,
You are an ignorant son of a bitch.
And here I am trying to help you.
At least you are not overtly a jackass like Chuck, fopdoodle extraordinaire.
Not sure why you would want to attack my dear departed mother, but I have not posted here in response to anything you might have written except when you directly addressed me.
I simply posted an accurate statement that points out that Mike Flynn was indeed an unregistered foreign agent while he was Trump's Security Advisor. So the judge was not wrong when he accused Flynn of FARA violations and, in the end, Sullivan was within reasonable bounds in wondering if Flynn's actions were indeed treasonous.
As for Flynn's lying to the FBI, he admits his guilt, so that's the end of the story. As Joe Friday was wont to say, "All we know are the facts, ma'am. "
What happened here is that Flynn’s lawyers hoped that the Judge Sullivan of the Stevens trial would show up, and instead they got the Judge Sullivan that got his understanding of the case from CNN and WaPo.
Oops.
No, gadfly, you have confused the year 2017 (NSA) with 2015 (FARA).
You are an ignorant shit stain.
Was that better for your momma?
Watergate was when we lost our country, the coup continues.
Michael Ledeen, who was in the courtroom and is a friend of Flynn, has an interesting perspective in WSJ today. He says Sullivan spent the first part of the hearing probing as to whether Flynn wanted to change his plea, which Flynn clearly did not. Ledeen speculates that Flynn just wanted to get this over with no jail time. His closer is that Flynn didn’t lie to the FBI, but he did lie to Mueller when he pled guilty.
Yipes!
Chuck whines,
"I am now sick and tired of this nonsensical bullshit from you cultists."
Nobody cares what you're sick and tired of. It isn't your blog.
No one here takes you seriously.
You are, for all intents and purposes, a minor Shakespearian character trundled out on stage for comic relief.
Exit stage right.
narciso said...
We understand the difference between cultist and freaking out every moment of every day.
This should be a t-shirt. Amen, narciso. Amen.
Thanks Bruce. The waiving of rights is a good analogy for me. I can waive my right to a lawyer, that doesn't mean I don't have the right. Flynn is waiving his right to bring up the tactics of the FBI. Doesn't mean it didn't happen, Flynn is waiving his right to pursue it.
Well, well, well:
https://outline.com/M3knmh
Confirmation by another person in the hearing room that the hysterical "Flynn Treason" story was totally misreported (surprise!) by the media.
Why do people take these reports from WaPo, CNN, etc, seriously? This cannot even be the Gell-Mann effect. This is just plain idiocy.
Michelle Dulak Thomson said...
Obviously, late to the party. But, people, treason is a capital offense. You could look it up. I confess to not understanding a judge capable of accusing a man of treason in open court and then, later, saying, "heh-heh, you shouldn't take me so seriously." Treason is about the most serious crime there is, the only one laid out in the Constitution, which skips over such bagatelles as mass murder. It isn't something for ordinary people to jest about. For a member of the judiciary ...
Chuck, among others, says that the judge had access to the unredacted indictment. This, as everyone here very well knows, doesn't convey license to refer to it. Material not charged is material not charged; Flynn is not being indicted for it, whatever it is, and the judge is confined to matters Flynn has pled on and nothing else.
Michele here are some of the ways in which your comment is wrong:
1. Your quote of Judge Sullivan is fake. He didn't say that, and you know it. Quote the Judge accurately if that is what you want to do. Don't make up fake quotes. The Judge didn't say anything like what you claim.
2. There was no "redacted indictment." Where did you get the notion that there was a "redacted indictment"? Our earlier reference to redacted documents was in relation to the prosecution and defense sentencing memoranda. Not any charging document. Do you get it? Do you now understand better?
3. Flynn pled guilty in December of 2017, in a Statement of the Offense document filed with the District Court:
https://www.justice.gov/file/1015126/download
4. Flynn's plea came, I believe, following meetings between Flynn, his lawyers and the prosecutors. There was never an indictment filed in that case. The Statement of the Offense referred to the "charged offense" but the charge of one single count of lying to the FBI came in a criminal information and not an indictment. The information is available and is not redacted.
5. And because it is so stupid, I cannot wrap my head around why you seem to think that because parts of a sentencing memo were redacted before public filing, that they refer to "things not charged." The redacted portions were not redacted from the counsel on both sides. All of the lawyers and the judge had access to them. Repeatedly in the hearing, the Judge stated that for purposes of sentencing he WOULD confine himself to the matters charged. And he said that he would take pains not to reveal matters that were redacted in his remarks from the bench.
What happens if you lie to the FBI by saying you did something illegal that you actually didn't do. If I say to the FBI that I killed JFK, do I get charged?
mikeflynndefensefund.org
bagoh20 said...
What happens if you lie to the FBI by saying you did something illegal that you actually didn't do. If I say to the FBI that I killed JFK, do I get charged?
I sincerely doubt it. But if you were charged, and had hired one of the best attorneys in the nation to defend you, would you plead guilty to that crime?
Fopdoodle cheers the Deep State.
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