Judge Emmett G. Sullivan

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)

December 17, 2018 – Mueller filing highlights lengthy deliberative process between FBI investigators and Andrew McCabe on Flynn report

“Prosecutor Brandon Van Grack filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, and the official filing of the interview notes (FD-302) on February 15th, and then again on May 31st.  To explain the delay, he claims the report “inadvertently” had a header saying “DRAFT DOCUMENT/DELIBERATIVE MATERIAL”  (screen grab)

What the special counsel appears to be obfuscating to the court is that there was factually a process of deliberation within the investigative unit, headed by FBI Deputy Director Andrew McCabe, surrounding the specific wording of the 302 report on the interview.

Prosecutor Brandon Van Grack is attempting to hide the length of the small group deliberations. It seems he doesn’t want the court to know Andrew McCabe was involved in shaping how the fd-302 was written.

We know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok:  See below (note the dates):

The text message conversation above is February 14th, 2017.   The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per the report:

Obviously the interview took place on January 24th, 2017.  The FD-302 was drafted on January 24th, and then later edited, shaped, and ultimately approved by McCabe, on February 14th, then entered into the official record on February 15th.” (Read more: Conservative Treehouse, 12/17/2018)

December 12, 2018 – FBI violated policy in Flynn’s Case, judge demands all exculpatory evidence

(Judge Rudolph Contreras suddenly recuses himself from the Flynn case on December 7, 2017. (Credit: public domain)

“A federal judge overseeing the case of Former National Security Advisor Lt. Gen. Michael Flynn is demanding to see the FBI’s first interviews with the retired three-star general after explosive information contained in a sentencing memo released Tuesday night revealed that senior FBI leadership suggested he not have a lawyer present, nor warn him that his interview was subject to penalties if he failed to provide all the answers, according to the 178 page Defendants memorandum submitted to the court.

U.S. District Judge Emmet G. Sullivan ordered Special Counsel Robert Mueller’s office Wednesday night to turn over all the government’s documents by mid-day Friday. The exculpatory documents requested by Sullivan include any memorandums regarding Flynn’s case because of the extraordinary circumstances of the information, according to Sullivan’s request. Further, Sullivan is also requesting any documentation regarding the first interviews conducted by former anti-Trump agent Peter Strzok and FBI Agent Joe Pientka -known by the FBI as 302s- which were found to be dated more than seven months after the interviews were conducted on Jan. 24, 2017, a violation of FBI policy, say current and former FBI officials familiar with the process. According to information contained in Flynn’s memorandum, the interviews were dated Aug. 22, 2017.

FBI Supervisory Agent Jeff Danik told SaraACarter.com Sullivan must also request all the communications between the two agents, as well as their supervisors around the August 2017 time-frame in order to get a complete and accurate picture of what transpired. Danik, who is an expert in FBI policy, says it is imperative that Sullivan also request “the workflow chart, which would show one-hundred percent, when the 302s were created when they were sent to a supervisor and who approved them.”

“The bureau policy – the absolute FBI policy – is that the notes must be placed in the system in a 1-A file within five days of the interview,” said Danik, who added that handwritten notes get placed into the FBI Sentinel System, which is the FBI’s main record keeping system. “Anything beyond five business days is a problem, eight months is a disaster.”

“In a case of this magnitude there is no question what is going on,” said Danik. “These agents went in the White House and had a case with a possible witness of his stature and didn’t write it up until almost eight months later? That is is unconscionable – it’s not fair to the defendant and absolutely goes against FBI policy.” (Read more: Sara Carter, 12/13 2018)

November 14, 2018 – Court rules Hillary Clinton must answer more questions about her emails

“Judicial Watch announced that U.S. District Court Judge Emmett G. Sullivan ruled that within 30 days Hillary Clinton must answer under oath two additional questions about her controversial email system.

In 2016, Clinton was required to submit under oath written answers to Judicial Watch’s questions. Clinton objected to and refused to answer questions about the creation of her email system; her decision to use the system despite warnings from State Department cybersecurity officials; and the basis for her claim that the State Department had “90-95%” of her emails.

After a lengthy hearing on Wednesday, Judge Sullivan ruled that Clinton must address two questions that she refused to answer under-oath: “Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.”

“During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.”

June 13, 2018 – Court sets hearing on motion to compel email testimony from Hillary Clinton

Judge Emmet G. Sullivan (Credit: Diego M. Radzinschi/National Law Journal)

“Judicial Watch announced a federal court ordered a hearing for Thursday, October 11, 2018, on a motion to compel testimony about the email practices of former Secretary of State Hillary Clinton. The order was issued by U.S. District Court Judge Emmet G. Sullivan.

(…) “In 2016, Hillary Clinton was required to submit, under oath, written answers to Judicial Watch’s questions. Clinton objected to and refused to answer questions about the creation of her email system; her decision to use the system despite warnings from State Department cybersecurity officials; and the basis for her claim that the State Department had “90-95%” of her emails. Judge Sullivan is considering Judicial Watch’s motion to compel answers to these questions.

In her responses sent to Judicial Watch and the court on October 13, 2016, Clinton refused to answer three questions and responded that she “does not recall” 20 times concerning her non-government clintonemail.com email system. She preceded her responses by eight “general objections” and two “objections to definitions.” The words “object” or “objection” appear 84 times throughout the 23-page document submitted to the court and Judicial Watch.

Judge Sullivan will also hear arguments on Judicial Watch’s motion to compel testimony from former State Department Director of Information Resource Management of the Executive Secretariat John Bentel (who asserted his Fifth Amendment right and refused to answer 87 questions at his deposition) and Judicial Watch’s motion to unseal the audiovisual recordings of all depositions. Judicial Watch took the testimony of key Clinton aides and State Department senior officials, including Huma Abedin and Cheryl Mills, but the videotapes of the depositions are currently under seal.”  (Judicial Watch, 6/13/2018)

May 11, 2018 – Senator Grassley reveals name of second FBI agent who interviewed General Flynn

Mike Flynn (Credit:Molly Riley/UPI/Newscom)

“Senate Judiciary Chairman Chuck Grassley has just dropped a sunlight grenade into the prosecution of Michael Flynn with a jaw-dropping request letter (full pdf below) to FBI Director Christopher Wray.  [Judiciary Link Here]

Within the letter Chairman Grassley outlines a prior briefing from fired FBI Director James Comey to the Senate Judiciary Committee, and contrasts the false presentations of Comey -regarding Michael Flynn- against recently known evidence.

Additionally, Grassley is requesting: the transcription of the phone call(s) intercepted by the FBI between Flynn and Russian Ambassador Kislyak; the FD 302’s written by the FBI in their interview with Michael Flynn; and testimony from Special Agent Joe Pientka, likely the second FBI agent who was partnered with Peter Strzok for the Flynn interview.

The name of the second FBI agent was previously unknown, and it’s likely Chairman Grassley outed the name for a very specific reason.  This is a BIG shot across the bow.

Previously the Justice Department was refusing to provide any information to the committee pertinent to Grassley’s requests, citing the ongoing investigation. However, the Senator is now outlining his request against the backdrop of the Judge in the Flynn case demanding the Special Counsel turn over all exculpatory information.

Judge Contreras was presiding judge on the initial guilty plea, then “was recused”. Judge Sullivan took over and demanded the DOJ turn over all exculpatory evidence.

It is important to remember – there is a widely held belief that Deputy FBI Director Andrew McCabe told the FBI agents (Strzok and Pientka) to shape their FBI reports of the interview (FD-302’s) to assist a “Flynn lied” narrative.

There is a great deal of debate surrounding the guilty plea as an outcome of a carefully constructed and coordinated plan by FBI and DOJ officials to target Flynn.” (Read more: Conservative Treehouse, 5/11/2018)

January 31, 2018 – Robert Mueller requests postponement of General Mike Flynn sentencing

“Against a newly discovered likelihood the Robert Mueller investigation began under false pretenses; and against the backdrop that FBI surveillance and wiretaps were obtained through materially (intentionally) false representations to the FISA court; and against the backdrop the original Flynn plea judge (Contrereas) was also the approving FISA judge; and that judge ‘was summarily recused’ from the case; and against increasing evidence that Mike Flynn was set up by a terminal animus, and politically-motivated investigative rogue unit, operating within the FBI; and against surfacing IG Horowitz evidence that FBI investigators manipulated (lied on) their FD-302 interrogation documents; and understanding those falsified 302’s were used in the Mueller/Flynn charging document…

…Special Counsel Robert Mueller now asks for postponement of sentencing:

Both parties did not ‘request‘ a postponement; both parties ‘agreed‘ to a postponement. The motive for the request (Mueller) is entirely divergent from, yet complimentary to, the motive to agree to the request (Flynn).

It is not coincidental that Brandon L Van Grack is the signatory to the delay request by Special Counsel Robert Mueller’s request to the new Judge, Emmet G Sullivan.

If, as has been reported, Inspector General Michael Horowitz now has evidence the FBI manipulated their FD-302 (interrogation and questioning) documents, as also admitted by FBI agent Peter Strzok in related matters regarding Clinton…

…and those manipulated or falsified FBI 302’s (containing FBI investigative notes of Michael Flynn’s questioning during the January 2017 interview), were used in the actual Flynn charging documents.” (Read more: Conservative Treehouse, 1/31/2018)

December 12, 2017 – Judge Sullivan orders Mueller to turn over exculpatory evidence to Lt. General Michael Flynn’s legal team

Judge Emmet Sullivan (l) and Robert Mueller (Credit: public domain)

On December 12th, 2017, Judge Sullivan ordered Robert Mueller to turn over to the Flynn defense team, anything that could be considered exculpatory:

(…)  if the government has identified any information which is favorable to the defendant but which the government believes is not material, the government shall submit the material to the Court for in camera review. (Order of Judge Sullivan in US v. Flynn, 12/12/2017)

December 7, 2017 – The judge overseeing the prosecution of Michael Flynn, has been recused from the case

Judge Rudolph Contreras (Credit: Diego M. Radzinschi/National Law Journal)

“The U.S. District Court for the District of Columbia judge presiding over the criminal case for President Donald Trump’s former National Security Adviser Michael Flynn has been recused from handling the case, a court spokeswoman said on Thursday.

According to a court filing, U.S. District Court Judge Rudolph Contreras, who presided over a Dec. 1 hearing where Flynn pleaded guilty to lying to the Federal Bureau of Investigation about his contacts with Russia, will no longer handle the case.

Court spokeswoman Lisa Klem did not say why Contreras was recused, and added that the case was randomly reassigned.

Reuters could not immediately learn the reason for the recusal, or reach Contreras.

An attorney for Flynn declined to comment.

Now, Flynn’s sentencing will be overseen by U.S. District Court Judge Emmet Sullivan. Sullivan was appointed by former Democratic President Bill Clinton. (Read more: Reuters, 12/07/2017)

(Timeline editor’s note: It isn’t clear from this report whether Judge Contreras recused himself, or whether he was recused by another person.)

July 25, 2016 – Peter Strzok/Lisa Page texts reveal a friendship with FISA court judge Rudolph Contreras

For those following the increasingly curious case against General Mike Flynn, events take another unusual turn today.  Congressional investigators have shared a set of unredacted text messages between FBI Agent Peter Strzok and his cohort DOJ Attorney Lisa Page which reveal a personal friendship between Agent Strzok and Flynn’s initial presiding judge Rudolph Contreras.

On November 30th, 2017, Mike Flynn signed a guilty plea; ostensibly admitting lying to investigators.  The plea was accepted by Judge Rudolph Contreras; who is also a FISA court judge.  Six days later, December 7th, 2017, Judge Contreras “was recused” from the case without explanation.

The case was reassigned to DC District Judge Emmet Sullivan.  The Contreras recusal always seemed sketchy. The key question was: if the conflict existed on December 7th, wouldn’t that same conflict have existed on November 30th, 2017?

Apparently DOJ lawyer Lisa Page was unaware that “Rudy” was a FISA court judge until July 25th, 2016, when she posited a question to her small group co-conspirator FBI agent Peter Strzok.

Today questions about the conflict seem to have been answered. Text messages between Peter Strzok and Lisa Page reveal the FBI agent and Judge Contreras were close personal friends.

Contreras was appointed to the FISA Court court in May 2016. The FISA court approved a Title-1 Surveillance Warrant against Trump campaign aide Carter Page on October 26th, 2016, essentially placing the entire Trump campaign under FBI surveillance. That surveillance was then used against incoming National Security Adviser Michael Flynn.

The FBI agent questioning Michael Flynn in January 2017 was Peter Strzok. The judge presiding over the sketchy Flynn plea, an outcome of that interview, was Strzok’s friend Judge Rudolph “Rudy” Contreras. Therein lies the conflict.” (Read more: Conservative Treehouse, 3/16/2018)