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The FBI's top lawyer Dana Boente is the latest casualty to lose his job after the manufactured prosecution of General Flynn.
The FBI's top lawyer Dana Boente is the latest casualty to be purged by Trump for participating (briefly) in the prosecution of his bag-man General Flynn who admitted to lying to the FBI, and to facilitate the latest manufactured smokescreen - Obamagate.Originally Posted by Wales-Bales
You are in danger of becoming the new lardy & cyril
As long as I'm not in danger of becoming the new Gluey I will consider it a very good result!You are in danger of becoming the new lardy & cyril
Lardy and Cyril have always come across as articulate, well informed, and on the right side of the argument. I read their posts with interest.
How is your best boy dealing with the Covid 19 hoax? Not tweeting out more lies and deflections I hope?
Many people don’t want truth, they just want their narrative, and these guys are proven propagandists!
I heard FBI Director Wray will soon be following Boente out the door.
Exactly, Patrick as the paddies called him was from the Banwen, he went down the beach for a day out and the Irish kidnapped him, they can't be trusted.
Bet you trust Boris thou. Has he bumped your nan off yet? You principality boyos have got to be the stupidest creatures ever shat into existence.
Leave it out the English are worse than the Irish if Boris said it was raining I would go out and check .
And how about the Welsh? I've contracted around the UK and Ireland for 20 years, we've got plenty of thieving crooks masquerading as respectable business men here. One went bust not too long ago owing a fortune...(based not too far from the Banwen funnily enough) ruining lives, screwing livelihoods while hording his stolen millions offshore. I take as I find myself, racism is for emptyheads.
Oh you are right there, I might know who you are talking about and to underline your point there is a choice of people who you might be talking about.
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 1 of 6
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
Crim. No. 17-232 (EGS)
MICHAEL T. FLYNN,
Defendant
Second Supplement in Support of Agreed Dismissal
On May 7, 2020, the Government moved to dismiss the Information against
General Flynn after shocking exculpatory evidence was revealed by U.S. Attorney
Jeffrey Jensen’s review of the Flynn file. ECF No. 198. General Flynn consented to
that motion. ECF No. 199. Although this Court has terminated briefing and hearing
deadlines, the case is still pending as this court has not yet entered the order
dismissing the case on the Government’s motion. As the court knows, the government
has a continuing obligation to provide Brady material to the defense. Banks v. Dretke,
540 U.S. 668, 675-76 (2004); Min. Order (Feb. 16, 2018), United State v. Flynn, No.
17-232 (D.D.C.).
Mr. Jensen’s review has unearthed additional exculpatory evidence.
Accordingly, as dismissal has not yet been granted and General Flynn must establish
and preserve the record, General Flynn provided his first supplement seasonably on
June 24, 2020,ECF No. 231, and now files this Second Supplement.
On July 7, 2020, the Government produced to General Flynn 14-pages of
additional evidence, demonstrating (i) his innocence; (ii) the absence of any crime;
1
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 2 of 6
(iii) government misconduct in the investigation of General Flynn; and (iv)
prosecutorial misconduct in the suppression of evidence favorable to the defense in
violation of Brady v. Maryland, 373 U.S. 83 (1963) and this Court’s Brady order.
These documents both corroborate information provided by others previously and
provide new information known to at least ten people at the highest levels of the
Department of Justice and the FBI. This evidence negates multiple essential
elements required for the prosecution of a false statement offense.
These documents establish that on January 25, 2017—the day after the agents
ambushed him at the White House—the agents and DOJ officials knew General
Flynn’s statements were not material to any investigation, that he was “open and
forthcoming” with the agents, that he had no intent to deceive them, and that he
believed he was fully truthful with them. In short, there was no crime for many
reasons. These documents were known to exist at the highest levels of the Justice
Department and by Special Counsel, yet they were hidden from the defense for three
years.
Despite clear evidence of no crime, as the defense briefed previously, Sally
Yates and Mary McCord made two trips to the White House to get General Flynn
fired, and Andrew McCabe met with Vice President Pence to convince him that
General Flynn had not been honest with him. Further, after that meeting, FBI
Agents Strzok and Lisa Page further altered the FBI 302 report of the interview until
it met with McCabe’s approval and would facilitate a prosecution by the Special
Counsel. ECF No. 235.
2
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 3 of 6
These documents provide even more compelling evidence requiring the court
to grant General Flynn’s Consent to and the Government’s Motion to Dismiss. Notes
of then Deputy Assistant Attorney General Tashina Gauhar, reveal a January 25,
2017, meeting of ten officials including FBI General Counsel James Baker, Bill
Priestap, Agent Peter Strzok, and [redacted]; from the National Security Division of
DOJ: Mary McCord, George ZT, and STU; from the Office of the Deputy AG: Tash,
Scott [Schools], and [redacted]. The FBI reported that they had an investigation open
on Flynn from the prior summer but “had not seen things to point to initial issue.”
They were “looking to close F” . . . “then recovered calls.” For General Flynn’s
November and December calls, they even made “requests to foreign partners.” “Info
came back—legitimate.” They claimed the “media leaks” regarding the calls being
intercepted brought the “investigation in the open” and “changed the dynamic” so
they decided to interview him immediately. Exhibit A.
They reported that they “asked to interview—with couple of agents to talk
about [the] news.” Flynn told Deputy Director McCabe that he knew the FBI had the
calls. Flynn walked through the history of his relationship with Kislyak.
Ms. Gauhar’s notes confirm that the agents had decided not to show him the
cuts [transcripts] of the calls. Their sense was he was “being forthright.”
Contrary to the “Final 302” itself, the Ms. Gauhar’s notes indicate they provided
Flynn “no false statement or intro that he was under investigation.” General Flynn
described an exercise of calling thirty or more countries. “FBI → says checked + is
consistent w/ tech cuts.”
3
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 4 of 6
To the extent there were any differences between the transcripts the FBI held
but did not share with General Flynn and his recollection that day, the Agents said
they “believe[d] that F. believe[d] that what he said was true.” This fact alone defeats
the requisite intent for a crime.
The agents also reported that General Flynn did not remember the number of
calls he made [from the Dominican Republic]. Remarkably, the “Final 302” wrongly
states that General Flynn did remember making four-five calls. Finally, her notes
document again that the agents believed he was “telling truth as he believed it.” He
knew they had the cuts, and he focus was on radical Islam.1
The production includes heavily redacted notes from Peter Strzok taken at the
same January 25, 2017 meeting. Strzok’s notes establish the DOJ nixed any Logan
Act prosecution. George Tosca apparently wanted to know who thought it was
“appropriate to tell the White House to stop making false statements”?
The Government’s production also contained a heavily redacted excerpt from a
draft January 30, 2017, internal memo. The Government previously disclosed to
General Flynn that this memo existed, but the actual memo has never been produced
and contains more information than Mr. Van Grack’s meager summary. Among other
points, the memo says that the FBI determined that based upon its interview of
1
One of the many problems with the Special Counsel’s allegations of any wrongdoing by
General Flynn depends on conflating “US sanctions” with expulsions—which are distinct
issues with different meanings and cannot be used interchangeably—especially for
allegations of a felonious “false statement.” See Margot Cleveland, New Flynn
Transcripts Confirm Mueller Team Lied to The Court And The Country, THE
FEDERALIST (June 1, 2020), https://thefederalist.com/2020/06/01/new-flynn-
transcripts-confirm-mueller-team-lied-to-the-court-and-the-country/
4
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 5 of 6
General Flynn on January 24, 2017, it “did not believe General Flynn was acting as
an agent of Russia.” The FBI determined that General Flynn believed what he was
telling the agents was the truth. “FBI advised that the purpose of the interview was
to determine if Flynn was acting as an agent of Russia. FBI advised that Flynn was
very open and forthcoming.” The memo also reveals it was the FBI leadership made
the decision “not to confront Flynn with the actual tech cuts.” Also included in Exhibit
A are one page of Dana Boente’s meager and redacted notes of March 30, 2017, weeks
after Flynn left the White House. They disclose that the government actors “Do not
view [Flynn] as source of collusion.”
These disclosures evince additional Brady violations and even more reasons
requiring dismissal of the case against General Flynn. As with our first Supplement
in Support of Agreed Dismissal, ECF No. 231, counsel conferred with the Government
about this filing. The Government advised us that all necessary redactions were
complete, and it had no objection to the documents being filed on the public docket.
The Government’s production of July 7, 2020, is attached hereto as Exhibit A.
Dated: July 10, 2020
Respectfully Submitted,
/s/ Jesse R. Binnall /s/ Sidney Powell
Jesse R. Binnall Sidney Powell
Lindsay R. McKasson Molly McCann
Abigail Frye Sidney Powell, P.C.
Harvey & Binnall, PLLC 2911 Turtle Creek Blvd.,
717 King Street, Suite 300 Suite 300
Alexandria, VA 22314 Dallas, Texas 75219
Tel: (703) 888-1943 Tel: 214-707-1775
Fax: (703) 888-1930 sidney@federalappeals.com
5
Case 1:17-cr-00232-EGS Document 237 Filed 07/10/20 Page 6 of 6
binnall@harveybinnall.com Admitted Pro Hac Vice
lmckasson@harveybinnall.com molly@federalappeals.com
Admitted Pro Hac Vice Admitted Pro Hac Vice
afrye@harveybinnall.com
Admitted Pro Hac Vice
CERTIFICATE OF SERVICE
I hereby certify that on July 10, 2020 I electronically filed the foregoing Supplement
with the Clerk of Court using the CM/ECF system. I further certify that the participants in
the case are registered CM/ECF users and that service will be accomplished by the court’s
CM/ECF system.
Respectfully submitted,
/s/ Jesse R. Binnall
Jesse R. Binnall, VSB# 79272
HARVEY & BINNALL, PLLC
717 King Street, Suite 300
Alexandria, VA 22314
Tel: (703) 888-1943
Fax: (703) 888-1930
]jbinnall@harveybinnall.com
Flynn is guilty. Stone is guilty. Trump and Barr are happily perverting justice to help out Trump's mates, cronies and bag carriers.
It is very simple. Even Gluey and Wibble should see it.
It's only the commies who invent made-up crimes comrade.
Did that mean something to you when you typed it?
Yes, comrade Jon.
Excellent! So we have established that Stone and Flynn are guilty of real crimes - not 'made up' ones. That viewpoint is not only clear and unambiguous (dangerous ground, I know) but also has the advantage of being TRUE!
Unless you are claiming that the FBI, Justice dept and the rest are 'commies'?
By 'commies' I assume you mean a Stalinist state bureaucracy, a privileged caste of officials, who have no interest in or understanding of communism, (they tend to frame and kill real communists) but want to perpetuate their own status and relative power and wealth?
If you do mean that isn't it ironic that it is the Trump cabal that collaborated with the ex-commies of Putin's Russia to influence the 2016 election in his favour - on the back of hundreds of documented contacts and at least 28 face-to-face meetings with Putin's representatives. Note I didn't say colluded, because that would be outrageous and (and the Scottish courts would say) unproven. In fact it would be a hoax, the Russia Collusion Hoax - almost as scandalous as the Climate Change Hoax or the Covid 19 Hoax.
Yes those that have very narrow view of justices and only jump on popular narrow views that fit their narrative .
They are so blind to the corruption of the Democrats and Biden , or other countries indiscretions its there view or nothing.
Of course the Republicans are guilty however what makes the one eyed lefties narrow of view is they dont have any balance I see if on here and in life ,for some reason there is only evil in Boris or Trump type politics .
They then start to throw out child like nicknames and names ( Ironically a bit like throwaway stuff that spouts from the of like Boris and Trump replies ) thankfully name calling is something I left behind in the the school yard as its a weakness .
For the other fair minded folk on CCMB I don't support Boris or Trump, I just dont subscribe to the new lefties narrative and narrow view of life .
God this took me and age to construct , I apologise beforehand to the far left keyboard piss takers , for my construction, grammar, spelling, punctuation .
Happy keyboard rage.
This is certainly one for the moral narcissists and their purity
It's nothing to do with democrat vs republican. We're Brits, we don't have that sort of allegiance.
It's about trump running the states as a mob boss, and if that penny hasn't dropped for you yet, then I doubt it ever will.
Yeah, leave the childish name calling to the one eyed lefties.
Inspired by Rick in the Young Ones, I used to call anyone to the right of Tony Benn a facist as a joke, it was as much a laugh (if not more of one) aimed at those who used that word so carelessly and thoughtlessly as it was at the New Labour/Tory representative involved. At the time, I never thought there'd come a day when I'd seriously be accused of being a commie or far left because I'm neither, but it's happening in this thread and I'm fairly sure at least one of those idiotically using the insult is serious about it. Thinking Donald Trump is a self obsessed, pathological liar and chancer is not a left or right matter, it's just common sense because the evidence is overwhelming.
Well if your a brit don't worry about them 😉
What I and a few others are trying to get over is that the Democrats are just as evil.
And the argument you pull together, which is your choice to do so is clearly based on your left v right political position 🙄
So if I say Trump is a mob boss, it's because of my political position.
But if you say the democrats are just as evil, let me guess, it's because you are balanced and fair and neutral?
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