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Flynn’s Fight For Freedom Not Over, Gleeson’s Amicus Appointment Raises Serious Questions

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Former Trump National Security Advisor Michael Flynn’s attorney argued before the D.C. Court of Appeals Friday that the judge overseeing the case does not have the authority to operate as a prosecutor, as he is attempting to subvert the authority of the Department of Justice and the prosecutors in Flynn’s case, who have petitioned that charges be dropped against her client.

Further, questions have surfaced about Judge Emmet G. Sullivan’s appointment of ex-Judge John Gleeson. Gleeson worked closely with top prosecutor Andrew Weissmann from former special counsel Robert Mueller’s team, that investigated the Trump campaign. According to sources Gleeson and Weissmann worked closely for years during their time with the Eastern District of New York. Gleeson’s close connection to Weissmann calls into question whether or not there are political motivations behind his decision to speak out against the DOJ’s decision to drop charges.

“I’m going to say to you that John Gleeson is one of the last people whoever should have been put in this position,” David Schoen, Civil Rights and Defense Attorney

Sidney Powell told the three judge panel on Friday that “there is nothing further for the court to do…It’s a travesty of justice that this man has been dragged through” a three-year court ordeal. She warned the judges that the case against Flynn was “absolutely concocted” by former senior Obama officials with the FBI and DOJ and that the evidence was overwhelming.

sidney powell

Embattled Lt. Gen. Michael Flynn has hired well known defense attorney Sidney Powell to represent him before his sentencing hearing in Washington D.C.’s federal court. Flynn, who fired his attorney’s last week, will still fully cooperate with the government in all cases pending, Powell told SaraACarter.com.

Powell also added that “it’s clear from the amicus right now, they want to take General Flynn to sentence as soon as possible and impose the maximum sentence and to make us go through the process when the ultimate result has to be the grant of the motion to dismiss. The government’s just wasting resources out the wazoo pursuing this and the toll it’s taking on the defendant is certainly irreparable harm.”

Powell is referring to Judge Emmet G. Sullivan’s decision to fight the Justice Department’s decision to drop charges against Flynn. She noted that if he didn’t deny the motion by the Justice Department to dismiss the case on this record “we would be entitled to mandamus right now. To drag this out another six months, it won’t be just a hearing on July 16th, it will go beyond that.”

Evidence suggesting that there was gross malfeasance against Flynn has mounted since Powell has taken over the case. Moreover, documents, including FBI emails and handwritten notes, which were never made available to the defense reveal serious concerns that Flynn allegedly was set up. Those documents were discovered by DOJ appointed U.S. Attorney Jefferey Jensen, who is overseeing an investigation into Flynn’s prosecution, paint a much different picture than the one established by former Robert Mueller’s Special Counsel regarding Flynn.

In fact, we’ve seen evidence of this in the handwritten notes Jensen uncovered of former assistant Director of Counterintelligence Bill Priestap. For example, notes he wrote directly after a meeting with former FBI Deputy Director Andrew McCabe and former FBI Director James Comey, question why the FBI agents originally interviewed Flynn in January, 2017. “What’s our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired,” said Priestap.

That same month, on January 4, the FBI had written a memo suggesting that the investigation against Flynn should be dropped because they found “no derogatory information.” In fact, this is something the Special Counsel prosecutors may have been aware of when they brought charges against Flynn and worked to coerce a guilty plea from him by saying they were going to charge his son if he didn’t comply.

On Friday, however, Judges Karen Henderson, along with Robert Wilkins of the U.S. Court of Appeals for the D.C. Circuit seemed to questioned Powell’s argument for Flynn. Asking why Sullivan shouldn’t be allowed to conduct an independent evaluation, or appoint an amicus in the case, to argue against the DOJ’s May 7 motion to dismiss charges. She noted “the damage” against Flynn  “continues to accrue by the day.”

However, there appears to be an issue with Sullivan’s amicus appointment.

Sullivan appointed several amici curiae, which included Gleeson, whose relationship to former Mueller Special Counsel lead prosecutor Andrew Weissmann has raised serious questions of conflict of interest with other legal scholars and lawyers closely watching this case.

Weissmann’s team targeted Flynn, despite allegations that they knew the FBI had found no derogatory information against the three-star general early in January, 2017, prior to his interview with the bureau’s special agents at the White House.

Gleeson, who wrote an opinion editorial in The Washington Post against Flynn, said in a filing this week that Flynn should be sentenced under the crime to which he originally plead guilty. He said that since Flynn pleaded guilty to lying to the FBI during a 2017 interview and that the court should also factor into its sentencing Flynn’s withdrawal of that guilty plea. Basically, Gleeson claimed in his filing that it constituted perjury.

“It really is truly unbelievable,” said David Schoen, a civil rights and defense attorney.

Schoen, who is now representing Roger Stone, said “I’m going to say to you that John Gleeson is one of the last people whoever should have been put in this position. If we’re concerned about the integrity of the system, John Gleeson goes back side by side colleagues for many years, with none other than Andrew Weissmann.”

He said that Gleeson couldn’t remain an outside impartial observer in this case because of his direct and close connections with Weissmann, that stem decades from their time working in the Eastern District of New York.

Schoen noted that Weissmann and Gleeson “worked together in the Eastern District of New York, prosecuting case after case, especially in a series of cases against what the government calls so called Colombo crime family, in that case, with John Gleeson and Andrew Weissmann as the supervising prosecutors in the case, lead prosecutors in the case at trial and otherwise they knew that their chief FBI agent, guy named Lin Vecchio, had a corrupt relationship with the under boss of the Colombo family guy named Gregory Scarpa. Stone Cold killer, multiple multiple murders. They were the supervising prosecutors in this case.”

It is not only the Justice Department fighting on behalf of dropping charges against Flynn but many others as well, including an amicus curie filed by GOP Attorney Generals and Senators. Further, Justice Department Solicitor General Noel Francisco joined Flynn in arguing that Sullivan has no power to second-guess the government’s prosecution decisions. Fransisco said it would be unconstitutional for Sullivan to refuse to dismiss the charges against Flynn when there is no disagreement between the defendant and the prosecution.

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EXCLUSIVE: Former Trump appointee explains an ‘America First Strategy’ in the ME

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Photo: Israeli Government

The author interviewed Ellie Cohanim, one of the authors of the new book: “An America First Approach to US National Security.” Ellie is the former U.S. Deputy Special Envoy to Monitor and Combat Antisemitism under the Trump administration. She is currently a Senior Fellow with the Independent Women’s Forum focusing on Iran, Israel, and global antisemitism, and is a national security contributor for the Christian Broadcasting Network. In 2021, Ellie launched and hosted for Jewish News Syndicate 30 plus episodes of the show “Global Perspectives with Ellie Cohanim.” Ellie spent 15 years in media and NGO management before serving in the public sector. How would you define an “America First” strategy in the Middle East?

Cohanim: An America First strategy in the Middle East would seek to advance American national security interests in that region, while maintaining our status as THE global superpower. To do that, the US would ensure that our principal allies in the region, countries like Saudi Arabia and Israel, are economically and militarily strong, and that our adversaries in the region are deterred.

Postal: How has the United States’ standing in the Middle East differed between the Trump and Biden administrations?

Cohanim: Under President Trump, for four years we had peace, stability and prosperity in the Middle East/North Africa (MENA) region. Under President Biden, in just three tumultuous years there has been war in the region, which holds the potential for becoming a regional conflict and even a nuclear confrontation. Meanwhile, the US’ status in the region and the world has diminished due to Biden’s disastrous mishandling of the Afghanistan withdrawal, his emboldening of the Islamic Republic of Iran, and his weak response to Iranian attacks on our personnel and assets in the region. 

 

Postal: Do you think the United States and Israel are/were in a stronger position to deter Iran’s nuclear and territorial ambitions in Biden or Trump’s administration?

Cohanim: America’s position of strength has not changed under either administration vis-à-vis the Islamic Republic of Iran. What has changed is our Iran policy. Under President Trump’s administration, the US contained and constrained Tehran. Trump applied a “Maximum Pressure” sanctions campaign which left the Iranian Regime with only $4 billion in accessible foreign currency reserves by the end of his term, giving the Iranians less cash and less ability to fund their terror proxies and their nuclear program, and Trump eliminated Qassem Soleimani. While all President Biden needed to do was to continue implementing such successful policies, his administration instead did the exact opposite.  Under the Biden administration, Israel, our leading ally in the region, was attacked for the first time directly from Iranian soil. This was an unprecedented escalatory attack by the Iranian regime, and could only happen under the Biden administration.

Postal: In your chapter of the book, you discuss the weakening of US relations with Israel and Saudi Arabia under the Biden administration. How has the Biden administration affected the likelihood of future normalization between Israel and Saudi Arabia, and deals between Israel and other Muslim countries (i.e., new Abraham Accords)?

Cohanim: The good news is that the Abraham Accords have withstood the test of multiple Hamas provocations against Israel, and now the current war. Despite numerous claims from the Biden administration regarding “successful” efforts to normalize ties between Saudi Arabia and Israel, I do not think that the Biden administration will be able to clinch such a deal. In the Middle East, people have a long memory. Saudi Arabia’s de-facto ruler Crown Prince Mohammed bin Salman (MBS) has not forgotten President Biden’s snub when he first came into office, and Biden’s incredibly poorly advised behavior towards the Crown Prince when he made his first visit to the Kingdom as president. The last thing the Crown Prince wants is to hand Biden his first foreign policy success with a Rose Garden peace deal ceremony. So, I do not believe President Biden can broker Saudi/Israeli normalization.

However, I am also convinced that it is a matter of “when” and not “if” such a peace deal will happen between those two countries, as it serves both of their interests to make such a deal. The Saudis understand better than anyone that it is the Islamic Republic of Iran that threatens the Kingdom’s security and stability, not Israel.

Postal: What do you think of the Biden administration’s latest statements withholding arms to Israel?

Cohanim: President Biden will go down in history for his abject moral failure in not standing by Israel while she fights a five-front war. Biden has shown his despicable personality for trying to keep his anti-Israel arms embargo concealed until he could first deliver a speech on the Holocaust. Biden’s behavior is despicable on so many levels.

Ultimately, Biden is betraying the American people. He came into office presenting himself as a “centrist Democrat,” but has proven repeatedly to be beholden to the radical, extremist, pro-Hamas wing of his party.

Postal: How does the Biden administration’s support of a Palestinian state differ from the Trump administration’s support of a Palestinian state under its Peace to Prosperity framework?

Cohanim: The Biden administration stated that they will “unilaterally recognize” a Palestinian state. What the borders of that state are and who would lead it, nobody knows. 

The Trump administration’s “Peace to Prosperity” was a detailed plan that was premised on the realities on the ground in Israel. The plan required that the Palestinians reach benchmarks proving a real desire to live in peace with their Israeli neighbors. It included over $50 billion in investment in the region, which would have been a road to prosperity for all. Perhaps most significantly, the Palestinian state envisioned under the Trump plan would have been demilitarized, the wisdom of which could not be more clear following the October 7 massacre and attack.

The author would like to thank Ellie Cohanim for participating in this interview.

 

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