Anti-Flynn Judge’s Delay Ends Up Revealing More Incredibly Biased FBI Conduct

P. Gardner Goldsmith | September 27, 2020

Tuesday, September 29, is the big day that Clinton-appointee D.C. Federal District Court Judge Emmet G. Sullivan is supposed to hear “supplemental arguments” in the Trump Justice Department motion to dismiss the case against retired Army Lt. General Michael Flynn in connection with the bogus Obama Administration “Russia Collusion” investigation.

And though many of Flynn’s supporters have been frustrated by Sullivan dragging out the process with as many legal maneuvers as Houdini had magic tricks, now that Flynn’s attorney, Sydney Powell, has filed her briefs in preparation for the hearing, many of those same Flynn supporters are cheering Sullivan’s blockheaded intransigence.


Through forcing this final hearing and the provision of supplemental information to go with it, Sullivan has inadvertently allowed Powell to reveal internal Mueller-Era FBI documents that indicate with greater convincing force that the Muller investigation and subsequent prosecution of Flynn were unfounded at best and criminal at worst.

A brief set-up.

Flynn was, for a brief period starting in late 2016 and ending in February of 2017, Donald Trump’s National Security Advisor, and was thrown into the bogus “Russia Collusion” Mueller investigation, pleading guilty to a process crime of providing a false statement to the Mueller gang – testimony that wasn’t germane to any kind of “collusion,” since there wasn’t any collusion. It is, as anything with the fraudulent Mueller investigation, what’s known in legal evidentiary terms as “Fruit of the Poisonous Tree.”

Since the Mueller investigation was based on what appear to be myriad false leads and unsupportable FISA warrants to spy on the Trump campaign in 2016, and since the investigation into Flynn was connected to those originally unwarranted investigations, Flynn is near the end of a legal road that should – if Sullivan has any sense of justice -- see Flynn’s charges and his guilty plea dismissed, per the request of the DOJ and a late August referral back to Sullivan by the D.C. Circuit Court of Appeals. But, rather than follow the DOJ request, Judge Sullivan appointed an “amicus” to present arguments against Flynn’s so Sullivan could hear “both sides.” This is, of course, something that’s already been argued, numerous times, which is why so many people who have even a faint hold on the concept of justice are upset. But, as noted, it’s bearing some incredible fruit.

That fruit comes in the form of Powell’s filings in preparation for the final big day on the 29th, filings that reveal what appears to be solid, blatant, material examples of prosecutorial misconduct on the part of not only the Mueller FBI team, but on the part of higher-ups in the Obama administration, including former President Obama and Vice-President Biden.

In a recent conversation with Fox Business’ Lou Dobbs, attorney Powell said:

It’s been a disaster from the get-go that never should have been brought as a prosecution, much less as an investigation. Now we have an additional 40 pages of documents just produced to us by the government…finally pried out of the FBI…and it shows even more evidence that the agents knew they were making it up to the point that they sought professional liability insurance for themselves realizing they would be sued if anybody ever found this.

Indeed, these documents are stunning, and ought to convince even the most die-hard Obama and Biden worshipper that the internal workings of many on the Mueller team, and possibly the actions of Obama and Biden, were highly suspect, if not criminal in nature.

According to Powell’s filings, on September 23, the DOJ “produced yet another tranche of documents – its fifth production of exculpatory evidence since April 2020...According to the Government’s production correspondence: ‘The documents include handwritten notes of former Deputy Assistant Director Peter Strzok (23501 & 23503) and former Deputy Director Andrew McCabe (23502); and internal text messages between FBI analysts who worked on the Flynn matter (23504-23516);… additional text messages between DAD Strzok and Lisa Page (23516-23540)…”

Powell goes on to note:

These documents provide information long known to the agents and others at the highest levels of the Department of Justice and the FBI; information long concealed by the Special Counsel and FBI. This evidence shows outrageous, deliberate misconduct by FBI and DOJ…

Get ready, because some of this could be infuriating.

This remarkable new production shows that in August of 2016, the FBI analysts discussed the preference of some agents for a Clinton Presidency—a known quantity—'instead of a wild card like [T]rump.’

This is just the start. Adds Powell:

FBI employees noted ‘that the decision to nsl [national security letter] finances for razor (i.e. Crossfire Razor the nickname applied to Flynn) bought him (Mueller) time.’ This shows their recognition that the issuance or request for national security letters for General Flynn’s financial information was a ruse to get more time to keep the ‘investigation’ against him open. These Stalinist tactics mandate immediate dismissal of this case. 

Analysts recognized by December 5, 2016, it was not even a ‘logical investigative step’ to seek General Flynn’s financial records at that time and that ‘this is a nightmare.’

And it gets worse for Mueller’s gang, going up to Obama and Biden, as text messages cited in Powell’s brief reveal.

FBI employees discussed the January 5, 2017 briefing to Obama: ‘What’s the word on how O’s briefing went?’ asked one employee, to which the other replied, ‘Don’t know, but people here are scrambling for info to support certain things and it’s a madhouse.’ ‘Trump was right. Still not put together… Why do we do this to ourselves? What is wrong with these people(?)’

And, as Canadian attorney and well-known YouTube analyst Viva Frie, notes:

The obvious admission here is that the FBI employees amongst themselves are admitting that Trump was right, that this is, in fact, all a political prosecution. It’s so bad, in fact, that the FBI employees were discussing, and/or went out to get professional liability insurance.

Indeed, Powell notes that fact in her brief.

And there’s more.

It seems as if then-FBI Deputy Director Andrew McCabe was well aware of the lack of any case against Flynn, yet, as Powell offers in her brief:

Newly produced notes of Andrew McCabe show that at 5:15 pm on May 10, 2017, McCabe briefed the Senate Select Committee on Intelligence. They were trying very hard to pin something on General Flynn. Exhibit B.


  • Open: nothing
  • Closed: everything
  • Blackmail: theoretically possible, not the strongest theory.

And since they didn’t have anything, internal FBI documents indicate that they went for prosecution of General Flynn on the 1799 Logan Act, a statute that followed the insane Alien and Sedition Acts fiasco, which is highly questionable constitutionally because it allows the feds to prosecute private citizens for corresponding with members of foreign governments, and an act that has only seen the government try to prosecute two people since its passage – once against a newspaper publisher in 1803 for publishing a piece in favor of creating a separate western American nation allied with France, and once, in 2015, against Republican Senator Tom Cotton of Arkansas when he tried to organize Congressional opposition to Obama’s Iran nuke deal – and neither saw any finding of guilt.

And, according to the Daily Mail, from June, Peter Stzrok’s own notes indicate that it was none other than then-VP Biden who suggested attacking Flynn via that ancient insult to the Constitution, the Logan Act.

VP: Logan Act.' read Strzok's notes, dated January 4, 2017 and attached to federal court papers filed Wednesday (June 24) by Flynn's defense team.

And yet Biden has claimed he didn’t know anything about such a suggestion.

This evident prosecutorial misconduct likely will not touch Obama or Biden. After all, we still await direct affirmative evidence of these hearsay claims.

But, thanks to the seeming partisanship of Judge Sullivan, Powell’s brief abundantly displays that the Mueller FBI team itself contained numerous members who were well aware of the fact that they were doing the wrong thing, yet the Mueller gang waited years to disclose this information.

And we certainly got nothing about this from the Senate Intel Committee or the Obama Administration and the leftist pop media who continually banged the broken drums of “Russian collusion”.

These violations of fundamental rights are stunning, and as we watch it all from our locked-town homes, where city and state politicians and bureaucrats attack our rights in mind-blowing ways, it’s probably wise to suspect that this kind of criminal mindset is not going to curtail itself.

It’s up to us to stop it on every level.