The attorney representing former National Security Advisor Michael Flynn penned an “open memorandum” to President Barack Obama this week regarding the Justice Department’s decision to drop all charges against her client.
Read Sidney Powell’s memorandum below:
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: “there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. That’s the kind of stuff where you begin to get worried that basic — not just institutional norms — but our basic understanding of rule of law is at risk.”
Here is some help—if truth and precedent represent your true concern. Your statement is entirely false. However, it does explain the damage to the Rule of Law throughout your administration.
General Flynn was not charged with perjury—which requires a material false statement made under oath with intent to deceive.1 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 for his multiple lies under oath in an investigation of a leak only he knew he caused.
McCabe lied under oath in fully recorded and transcribed interviews 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. McCabe even lied about lying. He lied to his own agents—which sent them on a “wild-goose-chase”—thereby making his lies “material” and an obstruction of justice. Yet, remarkably, Attorney General Barr declined to prosecute McCabe for these offenses.
Applying the Rule of Law, after declining McCabe’s perjury prosecution, required the Justice Department to dismiss the prosecution of General Flynn who was not warned, not under oath, had no counsel, and whose statements were not only not recorded, but were created as false by FBI agents who falsified the 302.
Read the full letter here.
BARR TALK: The AG Says FBI Extended Probe for ‘Express Purpose’ of ‘Laying Perjury Trap’ Against General Flynn
Attorney General Bill Barr weighed-in over the weekend on the Department of Justice’s decision to drop all charges against former NSA Michael Flynn; saying the FBI extended their probe to “trap” the General.
“They were closing the investigation in December… There’s no mystery. They initially tried some theories of how they can open another investigation. Then they found out they haven’t closed the earlier investigation. They kept it open with the express purpose of trying to catch, lay a perjury trap for General Flynn,” said the Attorney General.
WATCH: Attorney General Bill Barr says the FBI kept open an investigation "for the express purpose of trying to lay a perjury trap for General Flynn.” pic.twitter.com/0Y7VEi93Nj
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Watch the Attorney General’s comments above.
COLLUSION COLLAPSE: Devin Nunes Promises ‘Criminal Referrals’ for Robert Mueller’s Team
Rep. Devin Nunes vowed to file “criminal referrals” for former Special Counsel Robert Mueller’s legal team in the coming weeks after newly released transcripts and documents raise new questions over the controversial probe.
According to Fox News:
Rep. Devin Nunes, R-Calif., the top Republican on the House Intelligence Committee, vowed to pursue multiple new criminalreferrals amid the ongoing fallout of bombshell revelations in the Justice Department’s handling of the Russia probe.
Referring to former special counsel Robert Mueller, Nunes said: “We’re looking at doing criminal referrals on the Mueller team, the Mueller dossier team, the Mueller witch hunt, whatever you want to call it. That’s where we are now in our investigation.” Nunes made his remarks in a special new episode of Fox Nation’s“Witch Hunt,” hosted by Fox News legal analyst Gregg Jarrett.
Last year, Nunes sent eight criminal referrals to U.S. Attorney General William Barr alleging several “potential violations” of the law in the course the FBI’s investigation into Russian meddling and contacts with Trump advisers during the 2016 campaign.
Now in the wake of the Justice Department’s decision to drop charges against former Trump National Security Adviser General Michael Flynn, Nunes is turning his attention to the conduct of the special counsel, who was appointed after President Donald Trump fired FBI Director James Comey.
Read the full report here.