Mueller Investigation In Jeopardy As "Witch Hunt" Accusations Play Out In Court

A funny thing happened on the way to impeaching Donald Trump. After two-years of investigations by a highly politicized FBI and a Special Counsel stacked with Clinton supporters, Robert Mueller's probe has resulted in the resignation of National Security Advisor Michael Flynn, the arrests of Paul Manafort and Rick Gates, and the indictment of 13 Russian nationals on allegations of hacking the 2016 election - along with the raid of Trump's personal attorney, Michael Cohen.

The nation has been on the edge of insanity waiting for that much-promised and long awaited link tying President Trump to Vladimir Putin we were all promised, only to find out that there is no link, the deck appears to have been heavily stacked against Donald Trump by bad actors operating at the highest levels of the FBI, DOJ, Obama admin and Clinton camp, and the real Russian conspiracy in the 2016 election was the participation of high level Kremlin sources used in the anti-Trump dossier that Hillary Clinton paid for.

Now, as the out-of-control investigation moves from the headlines and into court, the all-encompassing "witch hunt," as Trump calls it, may be in serious jeopardy

As of Friday, three separate Judges have rendered harsh setbacks to the Mueller investigation - demanding, if you can believe it, facts and evidence to back up the Special Counsel's claims - in unredacted format as one Judge demands, or risk having the cases tossed out altogether. 

The first major setback happened in February, when the federal judge assigned to the criminal case against Trump's former National Security Advisor, Judge Emmet G. Sullivan ordered Mueller's team to turn over any "exculpatory evidence" to Flynn's defense. 

Instead, Judge Emmet G. Sullivan issued the order "sua sponte," or at his discretion, invoking the "Brady Rule" - which requires prosecutors to turn over previously unfiled evidence that might have a material impact on a defendant's case. Two days before Sullivan issued the order, Mueller filed a motion for a protective order regarding the use of evidence in the case, including "sensitive materials," which would be provided to Flynn's lawyers by the office of the Special Counsel.

Judge Emmet G. Sullivan

This development generated a significant buzz in conservative circles, with the implication being that perhaps Flynn might not have pleaded guilty in light of certain evidence

We also know that the FBI agents who interviewed Flynn - one of whom was anti-Trump counterintelligence agent Peter Strzok, did not think Flynn was lying to them - something James Comey was recently caught lying about himself. 

Fox's Judge Andrew Napolitano thought Sullivan's decision at the time was a complete bombshell. 

"Why would he we want that after General Flynn has already pleaded guilty? That is unheard of. He must suspect a defect in the guilty plea. Meaning, he must have reason to believe that General Flynn pleaded guilty for some reason other than guilt." -Andrew Napolitano

And as we noted yesterday, some have suggested that Flynn pleaded guilty due to the fact that federal investigations tend to bankrupt people who aren't filthy rich - as was the case with former Trump campaign aide Michael Caputo, who told the Senate Intelligence Committee "God damn you to hell" after having to sell his home due to mounting legal fees over the inquiry. 

“Your investigation and others into the allegations of Trump campaign collusion with Russia are costing my family a great deal of money — more than $125,000 — and making a visceral impact on my children."

Let's not forget about the time Mueller's team at the FBI massively screwed up the 2001 anthrax case after 9/11 - ruining the life of SAIC employee Steven Hatfill when it mysteriously leaked that he was the FBI's prime suspect. Mueller assured Congress in a closed-door January, 2003 session that Hatfill was their man based on shaky evidence which was later deemed unreliable. Effectively, he needed a scalp. Hatfill was professionally and financially ruined until he sued the US Government for $5.8 million.

It’s like death by a thousand cuts,” Hatfill, who is now 56, says today. “There’s a sheer feeling of hopelessness. You can’t fight back. You have to just sit there and take it, day after day, the constant drip-drip-drip of innuendo, a punching bag for the government and the press. And the thing was, I couldn’t understand why it was happening to me. I mean, I was one of the good guys.” -The Atlantic

Then there's the judge in the Manafort Case, who excoriated a Special Counsel attorney on Friday during a "motion to dismiss" hearing. A leaked transcript of the heated exchange between attorney Michael Dreeben and Eastern District of Virginia Judge T.S. Ellis reveals that the entire Manafort case is in jeopardy if the Special Counsel doesn't produce an unredacted copy of the original order from Deputy AG Rod Rosenstein authorizing the original investigation.

Judge T.S. Ellis

Ellis also said that Mueller shouldn't have "unfettered power" to prosecute Manafort for charges that have nothing to do with collusion between the Trump campaign and the Russians, and called out the DOJ's efforts in the case as an attempt by Mueller to gain leverage over Manafort.

"You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever. That's what you're really interested in." -Judge Ellis

The Judge also notes that the Special Counsel's indictment against Manafort doesn't mention:

(1) Russian individuals
(2) Russian banks
(3) Russian money
(4) Russian payments to Manafort

To which Dreeben provided an unsatisfactory lawyerly response about how everything is connected to everything (including, apparently, whether Trump paid a woman to keep quiet about consensual sex). 

Last - but we're quite sure not least, was last week's ruling by federal Judge Dabney Friedrich, a Trump appointee, denying Mueller a trial delay over the high-profile February indictment of 13 Russians for interfering in the 2016 US election.

Mueller accused 13 Russian nationals and three Russian entities - one of which was Concord Management and Consulting, of "knowingly and intentionally" conspiring to interfere with the election by using social media to disparage Hillary Clinton and support Donald Trump. 

And Concord Management decided to fight it... 

As PowerLine notes, Mueller probably didn't see that coming - and the indictment itself was perhaps nothing more than a PR stunt to bolster the Russian interference narrative. 

I don’t think anyone (including Mueller) anticipated that any of the defendants would appear in court to defend against the charges. Rather, the Mueller prosecutors seem to have obtained the indictment to serve a public relations purpose, laying out the case for interference as understood by the government and lending a veneer of respectability to the Mueller Switch Project.

One of the Russian corporate defendants nevertheless hired counsel to contest the charges. In April two Washington-area attorneys — Eric Dubelier and Kate Seikaly of the Reed Smith firm — filed appearances in court on behalf of Concord Management and Consulting. Josh Gerstein covered that turn of events for Politico here. -Powerline Blog

Politico's Gerstein notes that by defending against the charges, “Concord could force prosecutors to turn over discovery about how the case was assembled as well as evidence that might undermine the prosecution’s theories.”

In a mad scramble to put the brakes on the case, Mueller's team tried to say that Concord never formally accepted the court summons related to the case, wrapping themselves in a "cloud of confusion" as Powerline puts it. “Until the Court has an opportunity to determine if Concord was properly served, it would be inadvisable to conduct an initial appearance and arraignment at which important rights will be communicated and a plea entertained.”

The Russians hit back against Mueller's attempt to delay - filing a response on Friday to let the court know that “[Concord] voluntarily appeared through counsel as provided for in [the Federal Rules of Criminal Procedure], and further intends to enter a plea of not guilty. [Concord] has not sought a limited appearance nor has it moved to quash the summons. As such, the briefing sought by the Special Counsel’s motion is pettifoggery.

And the Judge agreed...

A federal judge has rejected special counsel Robert Mueller’s request to delay the first court hearing in a criminal case charging three Russian companies and 13 Russian citizens with using social media and other means to foment strife among Americans in advance of the 2016 U.S. presidential election.

In a brief order Saturday evening, U.S. District Court Judge Dabney Friedrich offered no explanation for her decision to deny a request prosecutors made Friday to put off the scheduled Wednesday arraignment for Concord Management and Consulting, one of the three firms charged in the case. -Politico

In other words, Mueller was just denied the opportunity to kick the can down the road, and will likely be forced to produce the requested evidence or withdraw the indictment, potentially jeopardizing the PR aspect of the entire "Trump collusion" probe.  

As Mueller's "witch hunt" moves from the headlines to courtrooms with no-nonsense Judges, dismissals and withdrawn cases risk further delegitimizing the already-beleaguered Special Counsel investigation of President Trump and the 2016 US election. 

One wonders how much this whole thing has cost taxpayers so far?

Comments

38BWD22 IridiumRebel Sun, 05/06/2018 - 22:48 Permalink

 

The time has probably arrived for The Tyler(s) to do some research into the whole "Q thing".  Lately, some of his posts have gotten rather more interesting.

 

Edit: Remember Tom Foley?  That seems to be the Democrat MO, Tom said:

"Even though there is no evidence, the seriousness of the charge is what matters."

But, "Q" now has the shoe on the other foot, smile.  What if he is right about MS-13, Haiti, LL, BC/HRC, Huma, et al...?

 

Disclosure: I do not KNOW how much of the Q-stuff is true or not.  But, what a pleasure it would be to have a Conspiracy Theory where the good guys are doing the digging...

 

WWG1WGA

#MAGA

https://qanonposts.com/

In reply to by IridiumRebel

IntercoursetheEU 38BWD22 Sun, 05/06/2018 - 23:02 Permalink

This article only recognizes the tip of the iceberg. Ending the Trump Presidency is actually a desperate attempt at survival, abject panic. 

On May 17, 2017, the day Deputy Attorney General Rod Rosenstein appointed former FBI director Robert Mueller as special counsel, Julian Assange tweeted a reference to WikiLeaks-released State Department cable that documented Secretary of State Hillary Clinton ordering Mueller to deliver a sample of stolen highly enriched uranium (HEU) to Russia in 2009.

Killing the Deep State, Dr. Jerome Corsi, PhD., p. 106

https://twitter.com/wikileaks/status/864994472492453888

In reply to by 38BWD22

38BWD22 beepbop Sun, 05/06/2018 - 23:12 Permalink

 

More swamp draining, I got this from one of the members of my Email List:

 

Draining the Swamp is Messy.    May 14, 2017

By Michael Master (author of Save America Now, Rules for Conservatives, The Birth Famine)

Our home is in a community of 2,000 homes located on the intercostal in North Carolina.   Everything lives here.   Alligators. Water moccasins.  Rattle snakes.  Sea hawks.  Egrets.  Giant blue heron.  Mosquitoes… blood sucking mosquitoes.  We’ve watched from our back porch as dolphins chased sail boats and motor boats up the intercostal and watched the moon rise over the ocean to cast its glow over the intercostal.

When the community decided to drain the swamp in the center of the community, it was a big deal.

Draining the swamp was messy.   The swamp was about 10 football fields, about 6 feet deep, with lots of creatures living in it.   It was a dangerous swamp.  Not one that you would walk or swim.   You would not dare sit next to it in the dark of a moonless night.   If not the snakes, then the mosquitoes would eat you alive.

As the water level decreased, the creatures were exposed.   As the water level disappeared, all that was left was 3 feet of yucky black mud and the roots to dying cypress trees.   The fish, snakes, frogs, rats, and birds were all stranded in the yucky mud.

Those creatures of the swamp fought for their lives as the swamp disappeared.   The fish flopped around in the black mud looking for some water for life.   The frogs croaked incessantly all night while their young pollywogs were stranded lifeless at the top of the black mud.   Snakes slithered in every direction in the black mud in search of food.   The rats that live in hollows all along the water abandoned their nests while the birds that feed off the swamp creatures also abandoned the area.

Finally, the mud dried out.   No more snakes.  No more rats.  No more fish.   No more frogs.  No more mosquitoes.  And no more birds that feed off those creatures of the swamp.

That same thing is happening to the political swamp in America.   Trump is draining the swamp.   His picks for his cabinet are all swamp drainers.   Yeah, 3 are from Goldman Sachs.  3 of 23.   Practically all of his cabinet have executive experience (military, or government, or private sector) … and it is the executive branch, now isn't it?

The mud is becoming visible as all the creatures who live in the swamp are fighting for their lives.  Government employees at the IRS, EPA, and Education are flapping in the mud like dying fish.   The lobbyists are slithering here and there looking for government funds like the snakes in the mud ... especially those who wrote Obamacare.  The liberal media cartel is chirping and croaking all the time like frogs trying to reverse the draining.   The tax and spend politicians are dying off like the blood sucking mosquitoes.  The political appointees of Obama are fleeing DC for other jobs like the birds who lost their meal tickets.   And the information leakers like Comey and Lynch are looking for new places to nest like the rats that left the swamp.  Soon, all that will remain will be the dying institutions like public education as the dying cypress trees of our society.

Everyone who lived off the swamp is praying for rain.   Election rain so Democrats might win some elections from Republicans since the Democrats suffered such horrible defeats during the 8 years of Obama.   Impeachment rain so the professional politicians can get rid of Trump as the swamp drainer.   Low approval rating rain so the media can claim they were correct about Trump.   Virtual rain, fake rain, so pundits can claim that Trump is not making any progress even though the results say the opposite.

Draining the swamp is messy, muddy.   But the mud will soon dry.   Democrats just lost special elections in Arkansas and Omaha after sinking millions into them.  Democrats might grab an election here or there in places like Georgia where the demographics are changing to black communities, but not without millions and millions of campaign money ... and Democrats cannot afford to do that for all the elections in 2018.  Democrats must defend 23 Senators in 2018 as compared to 10 for Republicans and Democrats must win 25 seats in the US House from Republicans and then win back 900 state legislative seats and 14 governorships.  If Georgia is an example, that will cost Democrats hundreds of millions to try.

SCOTUS will be rendering its decisions about Trump executive orders just before the 2018 elections ... and more than likely, SCOTUS will rule against the Obama appointed judges who live in the lower court swamps.  SCOTUS will help Trump.

Comey is gone.  Lynch is in trouble.   Clinton is back in trouble. The Clinton Foundation donors are talking.  Clapper and Yates both said that there is no evidence of collusion between Trump and the Russians.

Schumer is gasping for rain like one of those stranded fish.  His Republican swamp buddies like McCain will abandon him as he dies … a rat leaving the swamp even though they shared an apartment together.   His Wall Street swamp buddies cannot help him.   The Washington Post and The New York Times and CNN and NBC are all trying to seed the clouds.  But none of it is producing enough rain to help Schumer stop Trump from draining the swamp.

Draining the swamp is loud.  Listen to all the hysterical liberal media cartel who are trying to make it rain in order to save the swamp where they live.   Chanting.  Lies.  Rain dances.   But no real rain is coming.  Only fake rain.   The swamp will soon be dry.    And when it is, then the next task to make America great again can begin.

 

In reply to by beepbop

nmewn liyaa.jaaan Mon, 05/07/2018 - 05:46 Permalink

It’s like death by a thousand cuts,” Hatfill, who is now 56, says today."

“There’s a sheer feeling of hopelessness. You can’t fight back. You have to just sit there and take it, day after day, the constant drip-drip-drip of innuendoa punching bag for the government and the press. And the thing was, I couldn’t understand why it was happening to me. I mean, I was one of the good guys.” -The Atlantic

Yes, you see, we are supposed to shudder in terror at the vast power of the state when it affixes it's gaze upon us. We are told that standing alone, resolute in our honor, with our dignity intact, is just not a "practical thing" to do in this day and age.

That one should bend to the will of the vile, the disreputable, the dishonorable, these appointed minions of deception. That doing so will make the pain go away much quicker and then you will be allowed, permitted, to move on from this short episode in your life.

It's not unlike being accosted by a common street thug or rapist, just give up the things you treasure most to this creature before you and this will all go away it is promised, by this criminal. What was the old phrase back in the day spewed forth by our best & brightest?...

"Just lay back and take it. That way, maybe, possibly, you will not be injured. Or killed."

...have you not been injured already? Is it not better to go down fighting than to passively submit to villainy & evil?

I am reminded of a quote from yet another old...dead...white guy...

"The only thing necessary for the triumph of evil is for good men to do nothing." ;-)

In reply to by liyaa.jaaan

JimmyJones nmewn Mon, 05/07/2018 - 07:09 Permalink

The desperation of the left is at a very high volume these days, just look at all the new trolling accounts in here today. The Leftist are falling apart. The Blacks are waking up at enough of a rate to really hurt the Dems this fall. Muller's people are being exposed. The MSM has lost just about all credibility as shown by the public trust polls being done, no one believes them.

In reply to by nmewn

DeadFred nmewn Mon, 05/07/2018 - 15:46 Permalink

He realizes the only 'witch' out there to hunt is the one who recently was inducted into 'The Wing' coven. Oh right, they stopped calling themselves a coven three days before she joined and somehow those 95 posts on the Wayback machine about The Wing were scrubbed to '404'. Who does that I wonder?

In reply to by nmewn

jin187 nmewn Mon, 05/07/2018 - 12:53 Permalink

That's why I don't understand the guilty plea in Flynn's case.  It'd be mighty difficult to get a conviction by a jury for such a vague charge.  Rather than spend millions in procedural legal filings trying to stop the case from making it to court, just demand your speedy trial, and watch Mueller's case melt like candle wax when he's forced to produce all his so-called evidence.  If it looks like he actually has a case, and you'll probably lose, I'm sure he'd still offer the deal early in the trial in exchange for a Trump snitch.

In reply to by nmewn

nmewn jin187 Mon, 05/07/2018 - 18:45 Permalink

He is an honorable man, he did not tell the truth is all I can think of.

Still, he was under no legal obligation to so either (he wasn't under oath) while at the same time the agents were there in subterfuge. They said nothing about him being the target of an investigation. 

If not for the FISA warrant gotten under false pretense (and submitted to a federal judge with knowingly fabricated evidence) they would have no way of knowing what the truth was and all it really was is him saying once Trump was in office he would advise taking a second look at Obama's Russia policies...thats it.

As I say, he knew he wasn't truthful (no sworn deposition or not) he had lost his house and on the verge of bankruptcy (while "the state" has endless resources as you know) so weighing it all out in his mind, he copped is the only way I can rationalize it. 

He admitted it but his honor is still intact in my estimation.

Politics is a blood sport ;-) 

In reply to by jin187

Canadian Friend ZENDOG Mon, 05/07/2018 - 23:13 Permalink

''... Why are these Mueller fuckers not dragged out in the street and shot? ...''

 

if they keep on destroying the bulwark of Western Civilization that the USA is, and the USA becomes another Venezuela or another Detroit city, it will happen

 

that and possibly civil war

 

people like Mueller do not seem to be aware of the long term consequences of their actions

 

they want to sink Trump so much that they are drilling holes in the bottom of the boat they are all in. they will sink with it.

In reply to by ZENDOG