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Circuit Court orders judge in Flynn case

I don't have an issue with that. The cost to refile for the Feds is minimal. Assume they would need to amend their pleadings based in the evidence which has come to light anyway. I don't see the refiling as any type of hurdle or significant task.
Would they have to redo any discovery disclosures? Of course, most of the documents would already be put together, but how would that work?
 
You guys are missing the elephant in the room. Strzok and others falsified evidence against Flynn. Barr discovered this info and immediately dropped the case. There is no case. It was made up!
 
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The only argument I can see Flynn's council making is that the investigator might have had some sort of responsibility to the suspect to disclose information the investigators had already gathered. Apparently Bill Barr thinks the investigators were supposed to say, "we know about what you did on _____ date". But that's a poor strategy for investigators to employ in cases where the continued secrecy of information they previously gathered might lead them to faults in a suspects' story which could reveal larger criminal occurrences. The more holes that investigators are able to bring to light between what they actually know happened, and what the suspect says happened can help them get a better sense of what crimes the suspect (or others) might have actually committed.

This quickly becomes a case where you're not allowed to ask questions of the subject that you already know the answer to.... which is just not how investigations work.
DOJ policy requires them to do exactly that to avoid ending up where we are today.
 
You guys are missing the elephant in the room. Strzok and others falsified evidence against Flynn. Barr discovered this info and immediately dropped the case. There is no case. It was made up!
According to the Horowitz report, FBI attorney Lisa Page didn’t play a role in the bureau’s decision to open Crossfire Hurricane or the cases tied to George Papadopoulos, Carer Page, Michael Flynn or Paul Manafort. As for Peter Strzok, the top FBI agent was “directly involved” in all of those decisions but the report notes “he was not the sole, or even the highest-level, decision maker as to any of those matters.”

Instead, that job fell to Bill Priestap, the FBI’s counterintelligence division chief, who, the IG concluded, used his “exercise of discretion in opening the investigation” and “was in compliance with Department and FBI policies. The IG “did not find documentary or testimonial evidence that political bias or improper motivation influenced his decision.”

“Although the team also was interested in seeking FISA surveillance targeting Papadopoulos, the FBI [Office of General Counsel] attorneys were not supportive,” Horowitz wrote. “FBI and [National Security Division] officials told us that the Crossfire Hurricane team ultimately did not seek FISA surveillance of Papadopoulos, and we are aware of no information indicating that the team requested or seriously considered FISA surveillance of Manafort or Flynn.”

Former National Security Adviser Michael Flynn had his calls with then-Russian ambassador Sergei Kislyak intercepted by the intelligence community, leading some to suspect he was under surveillance.

Flynn's intercepted calls had nothing to do with evidence used by the FBI to us the FISA process.
 
If the Fed’s can prove a crime was committed then I absolutely agree they should refile and prosecute their case. Might occur under Biden’s JD. I have my doubts given the misconduct of the Bureau but we shall see.
The feds will not be able to refile under the applicable case law. This rule is the back drop of the current controversy. The general rule is that court approval to dismiss an indictment is ministerial in nature and should not be withheld, due to separation of powers issues. One exception to that rule is that the court can refuse to dismiss the indictment where a defendant demands a trial and the government has a flimsy case or isn’t ready. The court can rightly step in and demand that the rights of the accused be protected and prevent the government from re-filing at their leisure. A good example of that would be a case getting teed up for a year, the star witness leaves the country on vacation due to miscommunications, so the State nolle prosses since they can’t win the case, then tries to re-file once the witness is back. The DC Circuit says that a judge cant turn an exception designed to protect the defendant and the integrity of the court into a weapon to hold both a defendant and the government hostage to either plead or try a case that neither wants to do. It’s absurd on its face. It’s also plausible through the prism of political gain.
 
According to the Horowitz report, FBI attorney Lisa Page didn’t play a role in the bureau’s decision to open Crossfire Hurricane or the cases tied to George Papadopoulos, Carer Page, Michael Flynn or Paul Manafort. As for Peter Strzok, the top FBI agent was “directly involved” in all of those decisions but the report notes “he was not the sole, or even the highest-level, decision maker as to any of those matters.”

Instead, that job fell to Bill Priestap, the FBI’s counterintelligence division chief, who, the IG concluded, used his “exercise of discretion in opening the investigation” and “was in compliance with Department and FBI policies. The IG “did not find documentary or testimonial evidence that political bias or improper motivation influenced his decision.”

“Although the team also was interested in seeking FISA surveillance targeting Papadopoulos, the FBI [Office of General Counsel] attorneys were not supportive,” Horowitz wrote. “FBI and [National Security Division] officials told us that the Crossfire Hurricane team ultimately did not seek FISA surveillance of Papadopoulos, and we are aware of no information indicating that the team requested or seriously considered FISA surveillance of Manafort or Flynn.”

Former National Security Adviser Michael Flynn had his calls with then-Russian ambassador Sergei Kislyak intercepted by the intelligence community, leading some to suspect he was under surveillance.

Flynn's intercepted calls had nothing to do with evidence used by the FBI to us the FISA process.
Exactly. And that guy was closing the case because of NO evidence, when Strozk went cowboy.
 
According to the Horowitz report, FBI attorney Lisa Page didn’t play a role in the bureau’s decision to open Crossfire Hurricane or the cases tied to George Papadopoulos, Carer Page, Michael Flynn or Paul Manafort. As for Peter Strzok, the top FBI agent was “directly involved” in all of those decisions but the report notes “he was not the sole, or even the highest-level, decision maker as to any of those matters.”

Instead, that job fell to Bill Priestap, the FBI’s counterintelligence division chief, who, the IG concluded, used his “exercise of discretion in opening the investigation” and “was in compliance with Department and FBI policies. The IG “did not find documentary or testimonial evidence that political bias or improper motivation influenced his decision.”
This info came out before the independent council conducted their research and subsequently recommended AG Barr open criminal investigations now dubbed Obamagate
 
Per what guidance?
It’s in the procedures manual, probably the one you are skimming. As a predicate to any request for an indictment for lying to a federal official, the interviewee must inform the subject that knowingly making false statements will result in additional charges and the interviewee must re-state the information the interviewee believes is false back to the subject and allow them to confirm or clarify their statement as being the full truth. Otherwise, it’s File 13.
 
This info came out before the independent council conducted their research and subsequently recommended AG Barr open criminal investigations now dubbed Obamagate
The conspiracy theory picked up steam last week when Richard Grenell, the acting director of national intelligence, declassified a list of Obama administration officials who made unmasking requests which included Flynn's name between November 30, 2016, and January 12, 2017. Biden was among the names on the list.

Trump and his allies seized on the development and said it showed Biden and others improperly and illegally unmasked the former national security adviser's identity.

But a Washington Post report on Wednesday blew up that allegation when it revealed that Flynn's name was never "masked" in the first place.

"When the FBI circulated [the report], they included Flynn's name from the beginning" because it was essential to understanding its significance, a former senior US official told The Post. "There were therefore no requests for the unmasking of that information."

Moreover, the list documented unmasking requests made through the National Security Agency, while transcripts documenting Flynn's conversations with Kislyak were an FBI product, meaning the names on the declassified list Grenell released are unrelated to Flynn's conversations with Kislyak.

The US intelligence community surveils hundreds of thousands of foreign targets per year, and "unmasking" is a routine and legal tool officials use to make more sense of the communications they're monitoring. The intelligence community gets thousands of unmasking requests a year.

The Obamagate theory also accuses Obama and Biden of having advance knowledge of the FBI's plans to interview Flynn about his communications with Kislyak during the 2017 presidential transition period.

That allegation centers on an Oval Office meeting that took place on January 5, 2017, and included Obama, Biden, then-national security adviser Susan Rice, then-FBI Director James Comey, and then-Deputy Attorney General Sally Yates.

Rice sent herself an email documenting the meeting afterward — known as a contemporaneous memo — and Trump and his Republican allies have seized on the email as evidence that Obama ordered the FBI to "spy" on the Trump campaign.

But the email, which was declassified in full this week (though much of it had already been declassified), appears to indicate otherwise.

During the meeting, according to Rice's email, Obama emphasized "his continued commitment to ensuring that every aspect of this issue is handled by the Intelligence and law enforcement communities 'by the book.'"

"The President stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective," the email said. "He reiterated that our law enforcement team needs to proceed as it normally would by the book."

Obama said, however, that from "a national security perspective," the outgoing administration should be "mindful" when sharing information about Russia with the incoming Trump administration, according to Rice's memo.

Comey then affirmed that he was proceeding "by the book" but said he was concerned about Flynn's frequent conversations with Kislyak and that the communications "could be an issue as it relates to sharing sensitive information."

Obama asked Comey if he was saying the National Security Council should not share sensitive intelligence about Russia with Flynn, to which Comey replied: "Potentially."

He added, however, that he had no information indicating that Flynn had passed any classified information to Kislyak, though their "level of communication" was "unusual," the memo said.
 
And then they found evidence? So..... ???? What are you saying?
I’m saying read the pleadings. They broke procedures, didn’t tell him they were investigate him criminally or advising him to be truthful or face additional charges, he told them to listen to the tape of the call if they wanted to know what was said, implied to them that he believed they had already listened to it and gave a casual answer which they chose to interpret as a lie. Then an FBI lawyer further doctored that statement to bolster the case for it being a crime.
 
not a single actual criminal charge filed against Hillary.
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the fox watching the hen house. the investigators were complicit,.ie emails, documents, testimony.
 
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