Emmet G. Sullivan
U.S. Federal Judges Emmet G. Sullivan serves on the D.C. Circuit Court.
Judge Sullivan hired D.C. attorney Beth Wilkinson to represent him after a writ of mandamus was filed with the D.C. Court of Appeals to explain his extra-judicial actions in the Michael T. Flynn case.
U.S. vs. Stevens
Judge Sullivan set aside the conviction of Alaska Sen. Ted Stevens and appointed an outside lawyer to investigate the Department of Justice's "Public Integrity Section" for criminal contempt. Subsequently, one of the four prosecutors held in contempt committed suicide.
Judicial Watch vs. IRS
In 2014, Sullivan presided over Judicial Watch v. IRS, related to Obama's IRS scandal. There was an attempt to determine where the deleted emails of former IRS employee Lois Lerner had gone, what damage to her computer hard drive occurred, and what steps the IRS had taken to recover the information contained in the emails and on the hard drive.
Judicial Watch vs. State Dept.
On July 31, 2015 Judge Sullivan ordered the State Department. to request that Clinton and top aides Cheryl Mills and Huma Abedin confirm, under penalty of perjury, that they have produced all government records in their possession, return any other government records immediately, and describe their use of Hillary Clinton's email server to conduct government business. On August 20,205 the State Dept. told Judge Sullivan that Clinton did not use State Dept. issued or secure Blackberry device; Blackberries used by Clinton aides Cheryl Mills and Huma Abedin were likely destroyed.
U.S. vs. Flynn
Obama officials worked especially hard to remove incoming National Security Adviser Michael Flynn. Because Gen. Flynn was an experienced intelligence officer, he would surely uncover the surveillance of the 2016 Trump campaign and Trump transition and stop its continuation against the new administration. They decided Flynn had to go. This was Peter Strzok's "insurance policy" against the FBI's illegal spying. In the final days of the Obama administration they sunk to spying on Flynn phone calls, unmasking, leaking classified phone calls, discarding FBI protocols to set up an entrapment interview with Flynn based on a meaningless “legal violation,” and telling Trump directly, as Obama did, not to hire Flynn.
Beyond this destructive mission, John Brennan] loyalists at the CIA burrowed into Trump’s National Security Council while the FBI tried to plant agents in the White House itself. Most important of all, the Obama team and their congressional allies helped launch multiple, full-scale investigations of “Russian collusion” with no solid basis, plenty of contrived “evidence,” and breathless media headlines. It all failed, but not before it damaged Trump’s presidency and the basic tenets of liberal democracy.
14 strange facts in the Flynn case
- Gen. Michael Flynn’s trip to Russia in 2015, where it was claimed Flynn went without the knowledge or approval of the DIA or anyone in Washington, was proven not to be true.
- Flynn was suspected of being compromised by a supposed Russian agent, Cambridge academic Svetlana Lokhova, based on allegations from Western intelligence asset Stefan Halper. This was also proven to be not true.
- Flynn’s phone calls with then-Russian Ambassador Sergey Kislyak were framed as being incredibly shady and a potential violation of the Logan Act. This allegation was always preposterous.
- Unnamed intelligence officials leaked the details of the Flynn-Kislyak phone calls to The Washington Post.
- FBI agents Peter Strzokand Joseph Pientka were dispatched by Deputy FBI Director Andrew McCabe to interview Flynn at the White House, even though the FBI had already reviewed the transcripts of the calls and cleared Flynn of any crimes.
- Both FBI Director James Comey and McCabe testified to Congress that Flynn didn’t lie.
- Despite what McCabe and Comey both testified to under oath before Congress, the Mueller special counsel’s office decided to prosecute Flynn for perjury in November of 2017.
- The very strange post-dated FD-302 form on the FBI’s January 2017 interview of Flynn that wasn’t filled out until August 2017, almost seven months afterward, is revealed in a court filing by Flynn’s defense team.
- FBI agent Pientka became the “DOJ’s Invisible Man,” despite the fact that Congress has repeatedly called for him to testify. Pientka has remained out of sight and out of mind more than a year and a half since his name first surfaced in connection with the Flynn case.
- Judge Rudolph Contreras was removed from the Flynn case immediately after accepting Flynn’s guilty plea and was replaced by Judge Emmet Sullivan.
- Sullivan issued what’s known as a Brady order to prosecutors–which ordered them to immediately turn over any exculpatory evidence to Flynn’s defense team. Flynn’s team then made a filing alleging the withholding of exculpatory evidence.
- Flynn was given a chance to withdraw his guilty plea by Judge Sullivan but refused, and insisted to go forward with sentencing.
- Flynn suddenly fired his lawyers for the past two years and hired Sidney Powell to lead his new legal team following special counsel Robert Mueller’s disastrous testimony to Congress. And now, the latest startling development:
- Flynn filed to have the Mueller prosecution team replaced for having withheld exculpatory evidence, despite Sullivan having directly ordered them to hand any such evidence over months ago.
Sullivan replaces ContrerasIn 2017, Sullivan took over the sentencing phase of former National Security Advisor Michael Flynn when it was discovered Special Prosecutor Robert Mueller used tainted evidence gathered by Peter Strzok who was also a personal friend of judge Rudy Contreras who entered Flynn's guilty conviction. Sullivan ordered Mueller "to produce to [Flynn] in a timely manner — including during plea negotiations — any evidence in its possession that is favorable to defendant and material either to defendant's guilt or punishment," and "to produce all discoverable evidence in a readily usable form." Judge Sullivan declared that "if the government has identified any information which is favorable to the defendant but which the government believes not to be material, the government shall submit such information to the Court for in camera review." In other words, Sullivan declared that he, not Mueller, would be the judge of what evidence should be produced. Lee Smith of Tablet observed:
On the face of it, it’s hard to describe Mueller’s team as impartial. His dream team of investigators, celebrated by Twitter legions of newly-minted left-wing law-and-order nuts and Russia-phobes, have included an FBI counterintelligence officer who exchanged anti-Trump text messages with his lover, who was also an FBI employee; a Department of Justice lawyer who sent an email applauding his superior Sally Yates for blocking Trump’s travel ban and partied with Hillary Clinton on Election Night; a former Clinton Foundation lawyer who also was former Obama deputy Ben Rhodes’ personal lawyer; a lawyer who represented a key figure in the Clinton email controversy; an associate deputy attorney general who met with Christopher Steele, the former British spy who authored the controversial anti-Trump dossier, as well as Glenn Simpson, one of the principals of Fusion GPS, the Washington, D.C.-based opposition-research firm that packaged and distributed the dossier. And now it appears that the wife of the above mentioned associate deputy attorney general worked for Fusion GPS while the dossier was being assembled and disseminated to the press.In May 2018 Sen. Chuck Grassley wrote to Dep. Attn Gen. Rod Rosenstein and FBI director Christopher Wray:
Like the Flynn interview itself, that [March 15, 2017] briefing was not transcribed. Also like the Flynn interview, there are notes taken by a career, non-partisan law enforcement officer who was present. The agent was on detail to the Committee staff at the time.
According to that agent’s contemporaneous notes, Director Comey specifically told us during that briefing that the FBI agents who interviewed Lt. General Michael Flynn, “saw nothing that led them to believe [he was] lying.” Our own Committee staff’s notes indicate that Mr. Comey said the “agents saw no change in his demeanor or tone that would say he was being untruthful.”
Contrary to his public statements during his current book tour denying any memory of those comments, then-Director Comey led us to believe during that briefing that the agents who interviewed Flynn did not believe he intentionally lied about his conversation with the Ambassador and that the Justice Department was unlikely to prosecute him for false statements made in that interview. In the months since then, the Special Counsel obtained a guilty plea from Lt. General Flynn for that precise alleged conduct....
The Department has withheld the Flynn-related documents since our initial bipartisan request last year, citing an ongoing criminal investigation. With Flynn’s plea, the investigation appears concluded.
Additionally, while we are aware that the Special Counsel’s office has moved to delay Lt. General Flynn’s sentencing on several occasions, we presume that all related records already have been provided to the defense pursuant to Judge Sullivan’s February 16, 2018 order requiring production of all potentially exculpatory material. Thus, although the case is not yet adjudicated, the Committee’s oversight interest in the underlying documents requested more than a year ago now outweighs any legitimate executive branch interest in withholding it. So too does the Committee’s interest in learning the FBI agents’ actual assessments of their interview of Lt. Gen. Flynn, particularly given the apparent contradiction between what then Directory Comey told us in March 2017 and what he now claims....
In addition, please make Special Agent Joe Pientka available for a transcribed interview with Committee staff no later than one week following the production of the requested documents…
On December 12, 2018 Judge Sullivan ordered all unredacted Flynn FBI 302 interview reports by 3:00 PM EDT, Thursday, December 14, 2018. FBI 302s, which by regulations are to be completed within 30 days after the Flynn's January 24, 2017 interview, were not completed until August 22, seven months later — 3 months after the appointment of Mueller and 3 weeks after Rosenstein revised Mueller's mandate. Both Comey and FBI Dep. Dir. Andy McCabe testified that Flynn did not lie, and congressional investigators suspected the original 302s were tampered with, destroyed, or altered. Mueller covered up efforts to obtain the originals. Mueller failed to comply with Judge Sullivan's order to deliver Flynn 302s. Mueller delivered Peter Strzok's interview from July 17, 2017 while Strzok was under internal investigation.
Bre Payton broke the story about Mueller's destruction of evidence in the Strzok/Lisa Page matter. Two weeks later Payton was found dead under mysterious circumstances at the age of 26, apparently of H1N1 flu and meningitis. The FBI muzzled Joe Pientka.
Enter Sidney Powell
Flynn's new attorney, Sidney Powell, argued that Dep. AG Rod Rosenstein had allowed the Mueller team to threaten Flynn's son, Michael Flynn, Jr., with prosecution to coerce Flynn Sr. into a plea deal. Flynn Sr. had spent nearly $5 million on his defense by then and Flynn Jr. had a four month old baby. Attorney Powell's bigger plan was to expose the breadth and depth of SpyGate and how flaying Michael Flynn lay at the heart of the Deep State coup attempt.
On August 30, 2019 Flynn finally erupted at prosecutors, his legal team accusing top Mueller officials of "malevolent" conduct and withholding evidence relate to Strzok/Page/Ohr/Steele, etc.
"[Andrew] Weissmann and Ms. [Zainab] Ahmad while at DOJ in 2016-17 were working with Bruce Ohr (then the fourth highest ranking member of DOJ) to feed information from his wife Nellie at FusionGPS and British citizen Christopher Steele to the FBI through his secret back-channel. This was happening after the FBI terminated Mr. Steele as a paid informant because he was keeping the press informed of his “findings.” FusionGPS, Steele, and Ms. Ohr were all working for the Clinton campaign. In addition, Ms. Ohr worked for the CIA. The entire operation is further compromised by the fact that the second agent who interviewed Mr. Flynn along with former agent Strzok, was Bruce Ohr’s contact with the FBI and conducted numerous debriefings of Mr. Ohr—passing along to the FBI the corrupted and false information from the Ohrs, Steele, and FusionGPS. That agent may also have joined Special Counsel’s team. Weissmann and Ahmad were not in the DOJ chain of command to be informed by Mr. Ohr at all. They had no legitimate reason to be privy to his operation with FusionGPS and Christopher Steele. Remarkably, despite this involvement, Mr. Weissmann and Ms. Ahmad then went directly to the Special Counsel team, along with Strzok and possibly the second agent, thereby calling into question the entire investigation with their illicit involvement with Ohr and Steele. Closing the circle, Ahmad was co-counsel with Van Grack in the prosecution of Mr. Flynn. It is imperative the defense obtain the Bruce Ohr 302s and notes—unredacted—and all evidence of this circuitous and illicit operation."
On September 11, 2019 Judge Sullivan granted Flynn motion to compel the Mueller team's production of evidence and motion to show cause why it should not be held in contempt. US v Flynn; Case no 17-232-EGS; unsealed Motion to Compel the Production of Brady Material and for an Order to Show Cause. Among the 40 bullet points, the motion requests:
- The unredacted Page-Strzok text messages as well as text messages, emails and other electronic communications to, from, or between Andrew McCabe, James Comey, Rod Rosenstein, Bruce Ohr, Nellie Ohr, John Carlin, Aaron Rouse, Carl Ghattas, Andrew Weissmann, Tashina Gauhar, Michael Steinbach, [redacted], and Zainab Ahmad, regarding Mr. Flynn or the FISA applications or any surveillance (legal or illegal) that would have reached Mr. Flynn’s communications.
- Any Sally Yates 302s or other notes that concern Mr. Flynn, including treatment of her meetings with FBI Agents on January 24 and 25, 2017, her meetings with anyone in the White House, and the draft 302 of the Flynn interview on January 24 she reviewed or was read into.
- Information identifying reporters paid by Fusion GPS and/or the Penn Quarter group to push “Russia Collusion,” communications regarding any stories about Mr. Flynn, and any testimony or statements about how the reporters were used by the government regarding Mr. Flynn.
- Any information regarding the SCO’s [Special Counsel Office] and DOJ’s destruction of the cell phones of Peter Strzok and Lisa Page (after being advised of the thousands of text messages that evidenced their bias) that has been classified or otherwise not available to the public from the published Inspector General Report.
- Any information regarding eradication of cell phone data, texts, emails, or other information belonging to Peter Strzok and Lisa Page that created the “gap” identified by the IG.
- Information about any parts of any polygraph examinations failed by Peter Strzok after Mr. Flynn was first the subject of any FBI investigation—authorized or unauthorized.
- All FBI 302s, notes, memoranda of James Clapper regarding Mr. Flynn, and the cell phone and home phone records of Mr. Clapper and David Ignatius between December 5, 2016, and February 24, 2017.
- The government should be ordered to produce the documents listed in this motion and to preserve all documents including phones, texts, and emails of all Special Counsel team members; that the government be ordered to show cause why the prosecutors in this matter should not be held in contempt for their failures to produce all information pursuant to this Court’s Standing Order of February 16, 2018; and that after hearing and full consideration of the facts and law, this Court find the prosecutors in contempt for their failure to respect and abide by this Court’s order...
- ORDER: "it is hereby ORDERED that said motion is GRANTED. The government is hereby ORDERED to show cause why it should not be held in contempt for its violations of this Court’s Standing Brady Order...The government is also ordered to take all steps necessary to preserve all forms of electronic communications, cell phones, and computers of all members of Special Counsel team and the Department of Justice or FBI who communicated with Lisa Page and/or Peter Strzok, whose devices were destroyed. The government is also ordered to preserve all documents that mention Mr. Flynn.
Powell further requested
- “any information, including recordings or 302s, about Joseph Mifsud’s presence and involvement in engaging or reporting on Mr. Flynn and Mifsud’s presence at the Russia Today dinner in Moscow on December 17, 2015.”
- “All payments, notes, memos, correspondence, and instructions by and between the FBI, CIA, or DOD with Stefan Halper—going back as far as 2014—regarding Michael Flynn, Svetlana Lokhova, Mr. Richard Dearlove (of MI6), and Professor Christopher Andrew (connected with MI5) and Halper’s compensation through the DOD Office of Net Assessment as evidenced by the whistleblower complaint of Adam Lovinger, addressed in our brief.”
In mid October 2019 it was discovered that the DOJ was in possession of Joseph Mifsud's cell phones (Blackberries). The two phones were used by Mifsud as part of the efforts by western intelligence against Flynn "likely as early as 2014 to arrange . . . 'connections' with certain Russians".
DOJ withdraws case
Writ of Mandamus
The Justice Department has taken a position in a legal filing with the Judicial branch that it is no longer convinced that Gen. Flynn committed a crime, and it is certain that it would not be able to prove any such crime beyond a reasonable doubt if it attempted to do so in a trial.
Yet based on Justice Department conduct up to the date of that determination, Gen. Flynn remains a defendant in a criminal case pending in United States District Court. As such, the Justice Department has an ethical obligation – and an obligation under its own internal policies (explained later) – to move without delay to bring an end to that pending matter.
What Judge Sullivan proposes to do is an “unwarranted impairment” of the Executive Branch’s effort to fulfill its constitutional obligations to Gen. Flynn. The Justice Department has filed a motion that is within the scope of its authority. Where the contents of that motion address the necessary legal standards that the Justice Department must follow in taking the action contemplated by the motion, there is no basis for the Judicial branch to “look behind” the motion for some ulterior motivation.
The course of action proposed by Judge Sullivan is unwarranted in terms of the substance, that the process he proposes to follow is an interference with Executive branch functions in violation of the Separation of Powers doctrine.
- "Sen. Ted Stevens's conviction set aside", CNN, 2009-04-07.
- Duggan, Paul (September 28, 2010). Justice Dept. lawyer kills self. Washington Post.
- Judicial Watch. "Motion for Status Conference", June 27, 2014.
- Andrew Zajac. "Judge Prods IRS on Effort to Save Lois Lerner’s E-Mail", August 14, 2014.
- Kevin G. Hall. "Group: Inquiry ordered into lost IRS emails", August 14, 2014.
- "Judge orders State Dept. to work on recovering emails, suggests Clinton violated policy", Fox News.
- Multiple sources: *Bre Payton- Reporter For The Federalist – Dies Under Suspicious Circumstances After Breaking DOJ News Story.
- Former FBI SSA Exposes McCabe & Mueller's "Unethtical, Target & Destroy Coercion" Tactics, Defends Flynn
- Chuck Ross: Rod Rosenstein Authorized Mueller To Investigate Flynn’s Son, Sidney Powell Says.
- Margot Cleveland: Sidney Powell’s Latest Motion In Michael Flynn’s Case Is A Russiagate Bombshell.
- *Chuck Ross: Rod Rosenstein Authorized Mueller To Investigate Flynn’s Son, Sidney Powell Says. https://dailycaller.com/2019/09/11/flynn-lawyer-rosenstein-mueller/
- Margot Cleveland: Michael Flynn’s Lawyer Explains Why She Needs To View Documents The Government Hasn’t Turned Over. https://thefederalist.com/2019/09/11/michael-flynns-lawyer-explains-needs-view-documents-government-hasnt-turned/
- Halper attempted to smear Gen. Flynn as consorting with a Russian agent in February 2014 when Flynn was Obama's DIA director. Lokhova, a dual Russian and British citizen, said “What Halper staged is a textbook ‘black-op’ to dirty up the reputation of a political opponent. He needed an innocuous social event to place Flynn in a room with a woman who was ethnically Russian. I was unlucky he picked me." https://dailycaller.com/2019/04/04/cambridge-halper-flynn-spygate/
- *John Solomon: New evidence shows why Steele, the Ohrs and TSA workers never should have become DOJ sources. https://thehill.com/opinion/white-house/457628-new-evidence-shows-why-steele-the-ohrs-and-tsa-workers-never-should-have *Epoch Times: DOJ Obtained Cellphones of Central Figure at Origin of Russia Probe.