exculpatory evidence

September 10, 2019 – Attorney Sidney Powell argues General Flynn’s case should be dismissed over ‘egregious government misconduct’

General Michael Flynn and Sidney Powell (Credit: Conservative Treehouse)

“An attorney for Michael Flynn said in federal court Tuesday she may seek a dismissal of charges against the former national security adviser, citing “egregious conduct and suppression” of exculpatory information in the case.

Prosecutors handling the case had a surprise of their own, telling Judge Emmet Sullivan that they are now reserving the option of recommending jail time for Flynn, instead of just probation. Prosecutors with the special counsel’s team last year recommended that Flynn receive probation without jail time because of his substantial cooperation in several investigations.

But Flynn’s situation has changed dramatically since then. He no longer has to meet with the special counsel’s team since the Russia probe has ended. And in Junehe hired a new legal team that has aggressively challenged the government’s investigation of Flynn.

Flynn’s defense attorney, Sidney Powell, told Judge Emmet Sullivan that the legal team has no plans to pull out of a plea deal that Flynn struck with the special counsel on Dec. 1, 2017. Instead, Powell is questioning the basis of the government’s case against Flynn and may seek to have charges thrown out altogether. (Read more: The Daily Caller, 9/10/2019)

September 10, 2019 – Michael Flynn and his attorney, Sidney Powell, return to court – Powell confirms Rosenstein authorized targeting of Flynn Jr. for leverage

“Today Michael Flynn and his attorney Sidney Powell returned to federal court for a status hearing before Judge Emmet Sullivan.  Generally status hearings are uneventful; however, this hearing falls on the heels of an explosive filing by Flynn’s defense outlining allegations of serious prosecutorial misconduct; and claims the DOJ is withholding Brady material.

Before getting into the heart of the proceedings, here is Ms. Sidney Powell appearing on Fox News to discuss the events today.  In this interview Ms. Powell confirms something we have previously presented; Rod Rosenstein authorized Robert Mueller to target Michael Flynn Jr. in order to provide leverage for a Flynn guilty plea.” (Read more: Conservative Treehouse, 9/10/2019)

August 30, 2019 – Flynn attorney Sidney Powell walks through the history of the DOJ, FBI and intelligence apparatus weaponization against Mr. Flynn

“In an explosive response filing today, which includes the phrase ”sunlight is the best disinfectant,” attorney Sidney Powell has outlined the soup-to-nuts construct of the malicious government action taken during their targeting her client Michael Flynn.

(Credit: Conservative Treehouse)

Clip from Attorney Sidney Powell’s filing on behalf of Lt. General Michael Flynn.

In the 19-pages (full pdf below), Ms. Powell walks through the history of the DOJ, FBI and intelligence apparatus weaponization against Mr. Flynn and lays out the background behind everything known to have happened in 2016, 2017 through today.

From the corrupt DOJ lawyers who were working with Fusion-GPS and Chris Steele, including Mr. Weissmann, Mr. Van Grack and Ms. Zainab Ahmad; to the 2015/2016 FISA database search abuses; to the CIA and FBI operation against Flynn including Nellie Ohr; to the schemes behind the use of DOJ official Bruce Ohr; to the corrupt construct of the special counsels office selections; to the specifics within the malicious conspiracy outlined by hiding FBI interview notes of Mike Flynn,… all of it…is a stunning filing that many CTH readers are well prepared to understand.” (Read more: Conservative Treehouse, 8/30/2019)

 

August 14, 2019 – Pentagon analyst and whistleblower Adam S. Lovinger is cleared on allegations of leaking to the media and mishandling classified information

Adam Lovinger (Credit: GoFundMe)

“A confidential counterintelligence investigation cleared suspended Pentagon analyst Adam S. Lovinger on allegations of leaking data to the news media, but officials never told his defense team.

The Naval Criminal Investigative Service (NCIS) examined Mr. Lovinger’s use of classified computer networks. In a 2018 report, the NCIS said its review “did not reveal any potential CI (counter intelligence) concerns,” according to a copy obtained by The Washington Times.

(…) Before his suspension, Mr. Lovinger complained internally that the Office of Net Assessment (ONA) was not doing its job by failing to produce reports on future threats known as “net assessments.” Instead, the office was awarding contracts for outside academic-style reports, he said.

One paid contractor was Stefan Halper, the Washington national security figure who while at Cambridge University became an FBI informant to spy on Trump campaign associates in 2016.

Federal security clearance attorney, Sean Bigley (Credit: public domain)

Here is how Mr. Bigley discovered the NCIS verdict:

Judicial Watch, a conservative investigative nonprofit run by Tom Fitton, joined the Lovinger team. It filed a lawsuit in U.S. District Court to obtain the Pentagon’s file on Mr. Lovinger.

Mr. Fitton hit pay dirt. The Pentagon turned over a number of email threads. Buried in them was a passing reference to the NCIS. Nothing more.

Mr. Bigley then filed an open records request. Last month, the NCIS turned over its 2018 report.

The attorney said he was stunned. He never knew the probe even existed, but less its findings.

He also discovered the Pentagon knew his client was exonerated on the leak issue.

The NCIS report states that the investigative agency specifically informed the Office of Net Assessment.

“ONA was apprised of the status of the investigation,” the report states.

The report also shows that the requesting agency in August 2017 was the Pentagon’s Washington Headquarters Services. It is the organization that revoked Mr. Lovinger’s clearance and brought the case against him.

Mr. Bigley said that NCIS surely informed Washington Headquarters Services of its findings since it had asked for the probe.

The Washington Times submitted a query about Mr. Bigley’s complaint to the Pentagon press office, which didn’t respond.

Mr. Bigley said the administrative judge did not find Mr. Lovinger guilty of leaking to the press. But he said that is beside the point. The attorney said he spent hours preparing a defense on that charge, not knowing there was an NCIS report that already had cleared his client. Government attorneys pressed the leak case during the hearing, he said.

By not being told of the exoneration, Mr. Bigley also was denied the opportunity to present the NCIS report as evidence.

“The leaking allegation against Mr. Lovinger was by far the most serious claim brought against him by DoD,” Mr. Bigley told The Times. “We believe that the government hid this exculpatory evidence because they knew that their other allegations were a smorgasbord of nonsense that would never independently have gotten off the runway.”

Director of the Office of Net Assessment, James H. Baker (Credit: public domain)

In a May 2017 memo, Washington Headquarters Services outlined why it was suspending Mr. Lovinger’s security clearance.

There were two general categories: He mishandled a classified document and shared “sensitive” material with others.

Second, he played a role with a contractor in leaks to the Washington Free Beacon about the Office of Net Assessment’s supposed failings under Director James Baker.

The NCIS report refuted that: “An interview of former ONA contractor did not yield any information of concern.”

“According to Mr. Baker, the leak had disastrous consequences for the ONA mission,” the report added.

In his July letter to the Defense Department inspector general, Mr. Bigley said Pentagon lawyers “failed to make any mention of the NCIS findings in their case, failed to turn over the NCIS investigative report, and failed to even alert this attorney that a report existed which effectively exonerated Mr. Lovinger of the most serious allegation against him.”

That same month, the Office of the Under Secretary of Defense sent Mr. Lovinger a firing memo. Since he needed a security clearance to work at ONA and his had been revoked, Mr. Lovinger was being terminated.

Mr. Bigley fired off a return letter saying the termination was premature.

“Nothing underscores ‘whistleblower reprisal’ quite like rushing to terminate a whistleblower from federal service before the Department’s own IG can complete its statutory obligation of an independent, thorough investigation,” he said.” (Read more: The Washington Times, 8/17/2019)

August 4, 2019 – George Papadopoulos and Stefan Halper’s secret informant transcripts reveal a FBI sting operation

(…) “Maria Bartiromo segued into a discussion of George Papadopoulos and the secret informant transcripts; from recordings that were part of the FBI sting operation using U.S. intelligence asset Stefan Halper; and are now being held in evidence by U.S. Attorney John Durham and Inspector General Michael Horowitz. [Background] Keep in mind Gowdy has seen these transcripts.

According to Bartiromo those transcripts include FBI wire-taps of Halper attempting to get Papadopulos to accept assistance from Russia (delivering Clinton emails), and George Papadopoulos absolutely refusing to accept any engagement therein.  Confirming that outline, Gowdy notes there are more recordings (and transcripts) of a similar nature, where the FBI was attempting to bait other Trump campaign officials.” (Read much more: Conservative Treehouse,  8/04/2019)

July 26, 2019 – DOJ’s Russia probe review focusing on ‘smoking gun’ tapes of meeting with George Papadopoulos

George Papadopoulos leaves federal prison on December 7, 2018, after serving 12 days. (Credit: public domain)

“The Justice Department’s internal review of the Russia investigation is zeroing in on transcripts of recordings made by at least one government source who met with former Trump campaign aide George Papadopoulos overseas in 2016, specifically looking at why certain “exculpatory” material from them was not presented in subsequent applications for surveillance warrants, according to two sources familiar with the review.

The sources also said the review is taking a closer look at the actual start date of the original FBI investigation into potential collusion between members of the Trump campaign and the Russians, as some allege the probe began earlier than thought. Both components are considered key in the review currently being led by Attorney General Bill Barr and U.S. Attorney from Connecticut John Durham –– an effort sure to draw more attention in the coming weeks and months now that Robert Mueller’s testimony is in the rearview.

The recordings in question pertain to conversations between government sources and Papadopoulos, which were memorialized in transcripts. One source told Fox News that Barr and Durham are reviewing why the material was left out of applications to surveil another former Trump campaign aide, Carter Page.

“I think it’s the smoking gun,” the source said.

“These recordings have exculpatory evidence,” the other source added. “It is standard tradecraft to record conversations with someone like Papadopoulos—especially when they are overseas and there are no restrictions.” (Read more: Fox News, 7/26/2019)

May 31, 2019 – Devin Nunes: “It’s all a fraud” – Deceptive edits found in Mueller Report

The Mueller Team (Credit: Zero Hedge)

“Rep. Devin Nunes (R-CA) on Saturday called for the immediate release of “all backup and source information” for the Mueller report after internet sleuth @almostjingo (Rosie Memos) discovered that the special counsel’s office deceptively edited content which was then cited as evidence of possible obstruction.

“It’s all a fraud” tweeted Nunes, replying to a tweet by @JohnWHuber (Undercover Huber), who also posted a comparison between the Mueller report and a newly released transcript of a November 2017 voicemail message left by former Trump lawyer John Dowd, in which he asked former national security adviser Michael Flynn’s attorney for a “heads up” if Flynn was planning on saying anything that might damage the president.

Mueller’s team omitted key context suggesting that Dowd was trying to strongarm Flynn and possibly obstruct justice by shaping witness testimony, while the actual voicemail reveals that Dowd was careful not to tread into obstruction territory in what was a friendly and routine call between lawyers.

Dowd qualifies his request by saying “without you having to give up any…confidential information” in order to determine “If, on the other hand, we have, there’s information that…implicates the President, then we’ve got a national security issue, or maybe a national security issue, I don’t know… some issue, we got to-we got to deal with, not only for the President but for the country.”

Mueller’s deceptive edits beg the question; what else may have been manipulated by the special counsel to make Trump look guilty? When reached for comment by attorney ‘Techno Fog’ (@Techno_Fog), Dowd said of the edits: “It is unfair and despicable. It was a friendly  privileged call between counsel – with NO conflict. I think Flynn got screwed.”

Dowd told Fox News: “During the joint defense relationship, counsel for the president provided to Flynn’s counsel documents, advice and encouragement to provide to SC [the special counsel] as part of his effort to cooperate with the SC,” adding “SC never raised or questioned the president’s counsel about these allegations despite numerous opportunities to do so.”

Flynn pleaded guilty last year to lying to the FBI about contacts with Russians and is currently awaiting sentencing.

Meanwhile, the Justice Department has resisted a court order to release the transcripts of Flynn’s conversations with Russian officials, including former Russian ambassador Sergey Kislyak.

This raises at least two questions. First, did the DOJ give Flynn the transcripts?And second, did the DOJ violate a previous court order from Judge Emmett Sullivan to produce evidence during discovery?”

(Read more: Zero Hedge, 6/02/2019)

May 19, 2019 – Trey Gowdy says he has seen exculpatory transcripts of FBI spies engaged with Papadopoulos

“In September 2016 the FBI used a longtime informant, Stefan Halper, to make contact with George Papadopoulos, pay him $3k and fly him to London for consulting work and a policy paper on Mediterranean energy issues.

As part of the spy operation the FBI sent a female intelligence operative (a spy) under the alias Azra Turk to pose as Halper’s assistant and engage Papdopoulos.  A month later the FBI used Papadopoulos as a supplemental basis for a FISA warrant against Carter Page.

Former Chairman of the House Oversight Committee, Trey Gowdy, tells Maria Bartiromo that he has seen transcripts of the Halper/Turk operation, and those transcripts exonerate Papadopoulos.

(Transcript)

Bartiromo: I’m really glad you brought that up; the FBI agents’ discussion with George Papadopoulos. Because when the FBI sends in informants to someone they’re looking at, typically those conversations are recorded right? Those people are wired?

Gowdy: Yeah, I mean if the bureau is going to send an informant in, the informant is going to be wired; and if the bureau is monitoring telephone calls there’s going to be a transcript of that.

And some of us have been fortunate enough to know whether or not those transcripts exist; but they haven’t been made public and I think one in-particular is going – it has the potential to actually persuade people.  Very little in this Russia probe I’m afraid is going to persuade people who hate Trump, or who love Trump, but there is some information in these transcripts that I think has the potential to be a game-changer if it’s ever made public.

Bartiromo: You say that’s exculpatory evidence and when people see that they’re going to say: wait, why wasn’t this presented to the court earlier?

Gowdy: Yeah, you know, Johnny Ratcliffe is rightfully exercised over the obligations that the government has to tell the whole truth to the court when you are seeking permission to spy, or do surveillance, on an American.  And part of that includes the responsibility of providing exculpatory information, or information that tends to show the person did not do something wrong.  If you have exculpatory information, and you don’t share it with the court, that ain’t good.  I’ve seen it, Johnny’s seen it, I’d love for your viewers to see it.
(End Transcript)



(Page FISA Application)

(HPSCI Memo)

(Downer Operation Link)

(The Conservative Treehouse, 5/19/2019)

May 10, 2019 – Roger Stone wins right to unredacted parts of Mueller Report and by extension, the Crowdstrike Report

“A federal judge in Washington ordered the Department of Justice to turn over any unredacted sections of Special Counsel Robert Mueller’s report on Russian activities during the 2016 presidential campaign that relate to Roger Stone.

U.S. District Judge Amy Berman Jackson gave the prosecutors until Monday to “submit unredacted versions of those portions of the report that relate to defendant Stone and/or ‘the dissemination of hacked materials.” Judge Jackson would review the material in private to see if it is relevant to the case and to decide whether Stone and his defense team will have access to the material.” (Sarah Carter, 5/10/2019)

January 2, 2019 – The exculpatory Russia evidence about Mike Flynn that US intel kept secret

Lt. General Michael Flynn (Credit: Olivier Doullery/Abaca Press)

“For nearly two years now, the intelligence community has kept secret evidence in the Russia collusion case that directly undercuts the portrayal of retired Army general and former Trump national security adviser Michael Flynn as a Russian stooge.

(…) Yes, the Pentagon did give a classified briefing to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) in May 2017, but then it declined the senator’s impassioned plea three months later to make some of that briefing information public.

“It appears the public release of this information would not pose any ongoing risk to national security. Moreover, the declassification would be in the public interest, and is in the interest of fairness to Lt. Gen. Flynn,” Grassley wrote in August 2017.

Were the information Grassley requested made public, America would have learned this, according to my sources:

    • Before Flynn made his infamous December 2015 trip to Moscow — as a retired general and then-adviser to Donald Trump’s presidential campaign — he alerted his former employer, the DIA.
    • He then attended a “defensive” or “protective” briefing before he ever sat alongside Vladimir Putin at the Russia Today (RT) dinner, or before he talked with Russian Ambassador Sergey Kislyak.
    • The briefing educated and sensitized Flynn to possible efforts by his Russian host to compromise the former high-ranking defense official and prepared him for conversations in which he could potentially extract intelligence for U.S. agencies such as the DIA.
    • When Flynn returned from Moscow, he spent time briefing intelligence officials on what he learned during the Moscow contacts. Between two and nine intelligence officials attended the various meetings with Flynn about the RT event, and the information was moderately useful, about what one would expect from a public event, according to my sources.

(Read more: The Hill, 1/02/2019)