Flynn’s Lawyer Files Motion to Demand Judge Sullivan Disqualification

Sidney Powell, the defense lawyer for Michael Flynn on Wednesday formally demanded the disqualification of U.S. District Judge Emmet Sullivan. Her position is that Judge Sullivan is “irreparably biased”. One would have to agree if they listened to the hearing last week, as she went on in her filing to include: Sullivan’s “contempt and disdain for the defense was palpable” at a hearing last week.

1776 Coalition : Lawyer appointed by Judge Sullivan to ...

During the hearing, Judge Sullivan even referenced President Trump’s tweets regarding the case and asked the defense team if he is supposed to consider those tweets in his decisions. This man is a judge…and he cant figure that out?

Then there is the matter of Judge Sullivan’s surrogate. At one point he said: “If the executive wants to take Michael Flynn off the hook, he can pardon him”. It should be noted too that Judge Sullivan demanded to know if Sidney Powell has had conversations with President Trump. None of his business, right? When she responded with ‘yes’, Judge Sullivan demanded to know about the details of those conversations to which Ms. Powell replied, that those conversations are privileged. He told her they are not privileged as she is not a government employee….well she had to correct the Judge once again that many interactions with the President are privileged regardless of the employer. Powell did tell the court that she told President Trump to NOT issue a pardon to General Flynn, at Flynn’s request.

Crazy eh?

Sidney Powell’s Motion to Disqualify Judge Emmet Sullivan and Other Relief is found here.

It is 82 pages. Just for reference, here is part of the Index of the Motion:

TABLE OF CONTENTS

  1. Judge Sullivan’s Immediate Disqualification is Mandatory………………………….

2. Judge Sullivan’s Prejudicial Statements and Conduct Have Become Increasingly Shrill,   Unprecedented, and Prejudicial—and Apparently Influenced by Extra-Judicial Sources……………………………………………………………………………….4

a.His false and defamatory comments at the December 18, 2018 hearing echoed those of Rachel Maddow……………………….4

b.Judge Sullivan issued an order inviting anyone to participate as amicus after receiving an email from Robbins Russell firm on behalf of Former Watergate Prosecutors……………….5

c.Judge Sullivan read John Gleeson’s WaPo op-ed and adopted the procedure recommended therein to delay and derail the government’s motion to dismiss………………………………………………………………..6

Powell has also included in the motion tweets, citations and evidence including that from DNI John Ratcliffe.

It is suggested to the reader to review her motion page by page. It is fascinating reading including her last sentence of the motion:

The appearance of bias here is terrifying and mandates disqualification.

Declassified Notes, Brennan Briefed Obama on Hillary’s RussiaGate Plot

Primer:

CIA Director, Gina Haspel was the London Chief of Station from 2014 to 2017 under Director John Brennan. It is reported that Haspel is stonewalling the release of key documents related to RussiaGate.

Gina Haspel confirmed as first woman CIA director

This past August, Durham reportedly questioned former CIA Director John Brennan at CIA headquarters for eight hours on Friday, although Nick Shapiro, an adviser for Brennan, says the former spy chief was assured that he is not a target of Durham’s criminal investigation.

*** As Brennan hearing opens, mounting questions on how Obama ...

But DNI John Ratcliffe has provided documents to the House and Senate Intelligence Committees. So, on each side, at the very least Adam Schiff and Chris Murphy should be not only embarrassed, but should publicly apologize and both not only be removed from their respective committee assignments, but their security clearances should be terminated.

With that read on…

FNC Exclusive:

Director of National Intelligence John Ratcliffe on Tuesday declassified documents that revealed former CIA Director John Brennan briefed former President Obama on Hillary Clinton’s purported “plan” to tie then-candidate Donald Trump to Russia as “a means of distracting the public from her use of a private email server” ahead of the 2016 presidential election, Fox News has learned.

Ratcliffe declassified Brennan’s handwritten notes – which were taken after he briefed Obama on the intelligence the CIA received – and a CIA memo, which revealed that officials referred the matter to the FBI for potential investigative action.

The Office of the Director of National Intelligence transmitted the declassified documents to the House and Senate Intelligence Committees on Tuesday afternoon.

“Today, at the direction of President Trump, I declassified additional documents relevant to ongoing Congressional oversight and investigative activities,” Ratcliffe said in a statement to Fox News Tuesday.

A source familiar with the documents explained that Brennan’s handwritten notes were taken after briefing Obama on the matter.

“We’re getting additional insight into Russian activities from [REDACTED],” Brennan notes read. “CITE [summarizing] alleged approved by Hillary Clinton a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by the Russian security service,” Brennan’s notes read.

The notes state “on 28 of July.”  In the margin, Brennan writes “POTUS,” but that section of the notes is redacted.

“Any evidence of collaboration between Trump campaign + Russia,” the notes read.

The remainder of the notes are redacted, except in the margins, which reads:  “JC,” “Denis,” and “Susan.”

** ENCLOSURE_1__Brennan_Notes__U

The declassification comes after Ratcliffe, last week, shared newly-declassified information with the Senate Judiciary Committee which revealed that in September 2016, U.S. intelligence officials forwarded an investigative referral on Hillary Clinton purportedly approving “a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections” in order to distract the public from her email scandal.

That referral was sent to then-FBI Director James Comey and then-Deputy Assistant Director of Counterintelligence Peter Strzok.

“The following information is provided for the exclusive use of your bureau for background investigative action or lead purposes as appropriate,” the CIA memo to Comey and Strzok stated.

“This memorandum contains sensitive information that could be source revealing. It should be handled with particular attention to compartmentation and need-to-know. To avoid the possible compromise of the source, any investigative action taken in response to the information below should be coordinated in advance with Chief Counterintelligence Mission Center, Legal,” the memo, which was sent to Comey and Strzok, read. “It may not be used in any legal proceeding—including FISA applications—without prior approval…”

** ENCLOSURE_2__DCIA_Memo_09-07-16__U

“Per FBI verbal request, CIA provides the below examples of information the CROSSFIRE HURRICANE fusion cell has gleaned to date,” the memo continued. ““An exchange [REDACTED] discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server.”

The memo is heavily redacted.

Ratcliffe informed the committee last week that the Obama administration obtained Russian intelligence in July 2016 with allegations against Clinton, but cautioned that the intelligence community “does not know the accuracy of this allegation or the text to which the Russian intelligence analysis may reflect exaggeration or fabrication.”

According to Ratcliffe’s letter, the intelligence included the “alleged approval by Hillary Clinton on July 26, 2016, of a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services.”

Nick Merrill, Clinton’s spokesperson, called the allegations “baseless b———t.”

But Ratcliffe, in a statement released after the information was made public, pushed back on the idea he was advancing “Russian disinformation.”

“To be clear, this is not Russian disinformation and has not been assessed as such by the Intelligence Community,” Ratcliffe said in a statement to Fox News. “I’ll be briefing Congress on the sensitive sources and methods by which it was obtained in the coming days.”

A source familiar with the documents told Fox News on Tuesday that the allegation was “not disinformation.”

“This is not Russian disinformation. Even Brennan knew, or he wouldn’t be briefing the president of the United States on it,” the source said. “There is a high threshold to orally brief the president of the United States and he clearly felt this met that threshold.”

Another source familiar with the documents told Fox News that “this information has been sought by hundreds of congressional requests for legitimate oversight purposes and was withheld for political spite—and the belief that they’d never get caught.”

The source added that the Brennan notes are significant because it is “their own words, written and memorialized in real time.”

Meanwhile, last week, during a hearing before the Senate Judiciary Committee, Comey was asked whether he received an investigative referral on Clinton from 2016, but he said it didn’t “ring any bells.”

“You don’t remember getting an investigatory lead from the intelligence community? Sept. 7, 2016, U.S. intelligence officials forwarded an investigative referral to James Comey and Strzok regarding Clinton’s approval of a plan [about] Trump…as a means of distraction?” Graham asked Comey.

“That doesn’t ring any bells with me,” Comey said.

“That’s a pretty stunning thing that it doesn’t ring a bell,” Graham fired back. “You get this inquiry from the intelligence community to look at the Clinton campaign trying to create a distraction, accusing Trump of being a Russian agent or a Russian stooge.”

Graham questioned “how far-fetched is that,” citing the fact that Clinton campaign and the Democratic National Committee, through law firm Perkins Coie, hired Fusion GPS and ex-British intelligence officer Christopher Steele to author and compile information for the controversial and unverified anti-Trump dossier.

The Clinton campaign and the Democratic National Committee, through law firm Perkins Coie, hired Fusion GPS and ex-British intelligence officer Christopher Steele to author and compile information for the controversial and unverified anti-Trump dossier.

The dossier contains claims about alleged ties between Donald Trump and Russia that served as the basis for Foreign Intelligence Surveillance Act (FISA) warrants obtained against former Trump campaign aide Carter Page.

Comey maintained that the referral did not “sound familiar.”

Meanwhile, House Intelligence Committee Ranking Member Devin Nunes, R-Calif., called the information, and potentially forthcoming documents “smoking guns.”

“The documents that are underlying that we now have seen, I have only seen a few of those – they’re smoking guns,” Nunes said on “Sunday Morning Futures” this week. “That information definitely needs to be made available to the American public.”

Nunes added that there is “even more underlying evidence that backs up” the information Ratcliffe released, and called the amount of time it took for allies of the president to get the information declassified and made public “mind-boggling.”

“This has been a very difficult task for us to get to the bottom of, because you have corrupt officials,” Nunes said.

Attorney General Bill Barr last year appointed U.S. Attorney of Connecticut John Durham to investigate the origins of the FBI’s Russia probe shortly after special counsel Robert Mueller completed his years-long investigation into whether the campaign colluded with the Russians to influence the 2016 presidential election.

It is unclear whether this information will be considered part of Durham’s investigation.

Court Rules Iran Owes $1.4B Over Presumed Death of FBI Agent

Levinson was originally with the Drug Enforcement Agency before moving to the FBI and later assigned to a special operation for the CIA. Levinson’s family received $2.5 million annuity from the CIA in order to stop a lawsuit revealing details of his work in Iran and to forestall any revelation of details regarding the arrangement between Levinson and the agency. Levinson had retired from the FBI in 1998 and had become self-employed as a private investigator; his specialty was Russian organized crime gangs, and he was even interviewed numerous times for television documentaries to discuss the topic. Both Levinson and the CIA analyst who hired him, Anne Jablonski, specialized in Russian organized crime and not Iranian issues.

DUBAI, United Arab Emirates (AP) — A U.S. judge has ordered Iran to pay $1.45 billion to the family of a former FBI agent believed to have been kidnapped by the Islamic Republic while on an unauthorized CIA mission to an Iranian island in 2007.

The judgment this month comes after Robert Levinson’s family and the U.S. government now believe he died in the Iranian government’s custody, something long denied by Tehran, though officials over time have offered contradictory accounts about what happened to him on Kish Island.

Tensions remain high between the U.S. and Iran amid President Donald Trump’s maximalist pressure campaign over Tehran’s nuclear program. And though the U.S. and Iran haven’t had diplomatic relations since the aftermath of the 1979 U.S. Embassy hostage crisis in Tehran, America stills holds billions of dollars in frozen Iranian assets that could be used to pay Levinson’s family.

In a ruling dated Thursday, the U.S. District Court in Washington found Iran owed Levinson’s family $1.35 billion in punitive damages and $107 million in compensatory damages for his kidnapping. The court cited the case of Otto Warmbier, an American college student who died in 2017 shortly after being freed from captivity in North Korea, in deciding to award the massive amount of punitive damages to Levinson’s family.

“Iran’s conduct here is also unique, given that — astonishingly — it plucked a former FBI and DEA special agent from the face of the earth without warning, tortured him, held him captive for as long as 13 years, and to this day refuses to admit its responsibility,” the ruling by Judge Timothy J. Kelly said.

“And his wife and children, and their spouses and children — while keeping Levinson’s memory alive — have had to proceed with their lives without knowing his exact fate. These are surely acts worthy of the gravest condemnation,” the judge added.

Iranian state media and officials in Tehran did not immediately acknowledge the ruling in a case in which Iran offered no defense. Iran’s mission to the United Nations did not immediately respond to a request for comment Tuesday from The Associated Press.

In a statement, Levinson’s family called the court’s award “the first step in the pursuit of justice.”

“Until now, Iran has faced no consequences for its actions,” the family said. “Judge Kelly’s decision won’t bring Bob home, but we hope that it will serve as a warning against further hostage taking by Iran.”

Levinson disappeared from Iran’s Kish Island on March 9, 2007. For years, U.S. officials would only say that Levinson, a meticulous FBI investigator credited with busting Russian and Italian mobsters, was working for a private firm on his trip.

In December 2013, the AP revealed Levinson in fact had been on a mission for CIA analysts who had no authority to run spy operations. Levinson’s family had received a $2.5 million annuity from the CIA in order to stop a lawsuit revealing details of his work, while the agency forced out three veteran analysts and disciplined seven others.

Voting is Protected Speech but so is Not Voting

Primer: There are going to be countless legal challenges to vote results nationwide, it cannot be avoided. Just prepared for a mess larger than that of the Bush-Gore results which took 36 days.

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.

Discrimination occurs when the civil rights of an individual are denied or interfered with because of the individual’s membership in a particular group or class. Various jurisdictions have enacted statutes to prevent discrimination based on a person’s race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation.

Civil Rights and Civil Liberties

People often confuse civil rights and civil liberties. Civil rights refer to legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected by the Bill of Rights. For example, the First Amendment’s right to free speech is a civil liberty.

Read on however and give this a bit of critical thinking.

Free speech protected by the 1st Amendment has thousands of moving parts including voting or not voting. There are many times where free speech is not only challenged but removed as a civil right as noted in the case of a criminal conviction of a felony.

Wearing a t-shirt or a hat with a logo or slogan is free speech just as much as flying a flag at your home or not doing so.

Mandatory Voting Will Build Resentment, Not Democracy ...

Additional reading: Mandatory Voting Will Build Resentment, Not Democracy/ Fining non-voters would show that government is all about forcing people to do things just to make politicians happy.

So, when it comes to ballot harvesting, consider that forcing votes by turning in ballots for tabulation is against free speech. This all stems from voter rolls (databases) that are not audited, purged, corrected or amended. People move away, people die, people change names and people request ballots using phony names and addresses. Mass mailings of the entire database is not representative of quality and current data. Then there is the matter of ballot design that is challenged making it confusing for the voter or the matter of mistakes made in the comparisons of signatures on file to the actually submitted ballot. How about errors made in names and addresses in the mass mailings where it does not at all match yet the ballots are mailed? What about people tailing the Post Office and delivery personnel and grabbing ballots out of mail trays or slots or simply offering a stipend to fill out the ballot for the alleged voter on their behalf?

There is still the matter of voter ID which has yet to be resolved in many states.

But now we are hearing many other incidents of ballot malfunctions including 100,000 in New York.

Valerie Vazquez-Diaz, a spokesperson for the board, told CNN that 99,477 voters in Brooklyn were affected by an issue with the “oath” envelope for their absentee ballot.

The envelopes—which include the voter’s name, address and voter ID—were sent with the wrong name and address, a problem that was first reported Monday by confused voters, though its scope was unknown.

 

Here too it is important to note that many candidate vote results come down to a mere few hundred votes where absentee ballots or provisional ballots come into question.

For the matter of not voting…this matter of ballot harvesting is forcing a name in many cases as a vote where otherwise there may not be a vote at all and that too is free speech. One has to ask is this a violation of the civil rights of an individual? Of course it is….perhaps a person is apathetic, disgusted or otherwise not engaged at all in any part of government affairs or policy? That is fine too under the 1st Amendment.

The media should really challenge the whole matter of civil rights violations and ballot harvesting.

More from Forbes in part:

New York City Mayor Bill de Blasio harshly criticized the NYC Board of Elections Tuesday morning: “This is appalling. It is so easy to avoid this mistake and it is very easy to fix this mistake.”

Key Background

This error comes amid continued attacks on mail-in voting from President Trump, who has insisted—without evidence—that the Democrats will use mail-in voting, “a whole big scam,” to steal the 2020 election. News from last week that a “small number” of ballots in Pennsylvania had been discarded further fueled the president’s accusations of widespread “voter fraud.”

Further Reading

“Pennsylvania Discarded Ballot Mishap Fuels Trump Attacks On Mail-In Voting” (Forbes)

“FBI Warns Cyber Criminals, Foreign Actors Spreading ‘False Claims’ About U.S. Voting To Undermine 2020 Election” (Forbes)

 

 

Yup, Hillary Concocted the Russia Scandal, BHO was Briefed on the Plot

Hat tip to Sean Davis for his assessment, which has been reviewed and declassified by DNI John Ratcliffe. At some point, one of the debates will include this and then we will have fireworks. Frankly, this may not have been exclusively Hillary, you know she had help from say, Sid Blumenthal, John Podesta or Strobe Talbot. More to come for sure, as there are more hearings in the Senate.

Keep reading…..

Hillary Clinton is right about why she lost. But ...

*** Actual letter is found here.

BREAKING: On July 26, 2016, U.S. intel authorities learned that Russian intel knew of Hillary Clinton’s plans to cook up a scandal alleging that Trump was working with Russia. Obama was personally briefed on Russia’s knowledge of Clinton’s plans.

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On September 7, 2016, U.S. intel officials sent an investigative referral to James Comey and Peter Strzok about Clinton’s election interference plan–and Russia’s knowledge of it. We now know the Steele dossier was entirely a product of Russian agents and intel officials.

Christopher Steele, the Clinton campaign subcontractor who compiled the dossier, was working for a sanctioned Russian oligarch. So was Fusion GPS. And we learned this week that the dossier’s “primary sub-source” was a Russian intel asset who was deemed a national security threat.

Today’s declassification confirms that from the beginning, the FBI knew its anti-Trump investigation was based entirely on Russian disinformation. Brennan and Comey were personally warned. They responded by fabricating evidence and defrauding the courts.