Flynn's lawyer has blistering response to Obama

Sidney Powell:
Regarding the decision of the Department of Justice to dismiss with prejudice the information filed against General Flynn and the concern you expressed in your phone call with alumni: “that 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.”

Apparently, you need more help than you realize as your statement is entirely false. However it does explain the damage to the Rule of Law you allowed throughout your administration.

First, 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 a leak investigation.

McCabe lied repeatedly under oath in fully recorded and transcribed interviews with the Inspector General for the DOJ. He was fully informed of the purpose of the interview and he had had the benefit of counsel. He knew he was in trouble. McCabe even lied about lying—and to his own agents which took their investigation on a “wild-goose-chase” because McCabe was himself the source of the leak they were investigating. Attorney General Barr declined to prosecute McCabe for these offenses.

Under the Rule of Law, after declining McCabe’s perjury prosecution, there are no circumstances pursuant to which DOJ could continue to prosecute General Flynn who was not warned, not under oath, had no counsel, and whose statements were not only not recorded, but falsified by the agents.

Second, it would seem your “wingman” Eric Holder is missing a step these days at Covington & Burling LLP. Indelibly marked in his memory (and one might think, yours) should be his Motion to Dismiss the multi-count jury verdict of guilty and the entire case against former United States Senator Ted Stevens. Within weeks of Mr. Holder becoming Attorney General, he had to move to dismiss the Stevens prosecution in the interest of justice for the same reasons the Justice Department did against General Flynn—egregious government misconduct by prosecutors who hid evidence and made up purported crimes.

As horrifying as the facts of the Stevens case were, they pale in comparison to the targeted setup, framing, and prosecution of a newly elected President’s National Security Advisor and the shocking facts that surround it. This case was an assault on the heart of liberty— our cherished system of self-government and the right of citizens to choose their President.

Third, the inability of “anybody” in your alumni association to find “anybody who has been charged [with anything] just getting off scot-free” would be laughable were it not so pathetic.

Many of your alum are featured prominently in the non-fiction legal thriller published in 2014: Licensed to Lie: Exposing Corruption in the Department of Justice. A national best-seller, it focusses on the egregious misconduct of your longest serving White House Counsel, Kathryn Ruemmler; your counter-terrorism advisor Lisa Monaco; Loretta Lynch’s DAG for the Criminal Division Leslie Caldwell; and Mueller protégé Andrew Weissmann. While they worked as federal prosecutors on the Enron Task Force—under the purported supervision of Christopher Wray, they destroyed Arthur Andersen LLP and its 85,000 jobs; sent four Merrill Lynch executives to prison on an indictment that criminalized an innocent business transaction and hid the evidence that showed they were innocent for six years. Both cases were reversed on appeal for their over-criminalization and misconduct. Indeed, Andersen was reversed by a unanimous Supreme Court.

Fourth, even if your many alumni don’t remember multiple reversals and cases that had to be reversed or dismissed for their own misconduct, we’re guessing Judge Emmet Sullivan will remember tossing the Stevens case. Judge Sullivan is the judicial hero of Licensed to Lie. It is that case and the resulting 500-page report of Henry Schuelke that caused Judge Sullivan to enter the strong Brady order the Mueller prosecutors violated repeatedly in the Flynn prosecution.

Fifth, your alumni Weissmann and Ruemmler are no strangers to guilty pleas being tossed. At least two guilty pleas they coerced by threats against defendants in Houston had to be thrown out—again for reasons like those here. The defendants “got off scot- free” because—like General Flynn—your alumni had concocted the charges and terrorized them into pleading guilty to “offenses” that were not crimes. Andersen partner David Duncan even testified for the government against Andersen in its trial, but his plea had to be vacated. Enron Broadband defendant Christopher Calger had his plea thrown out also.

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There is more.

This is one of most devastating put downs of a former President you are ever likely to see.  It exposes the ignorance of Obama's remarks and I think it also exposes his and his alumni's basic dishonesty in pushing the Flynn case to begin with. The media should be required to publish this statement that exposes how they also misled the public about Flynn.

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