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Drudge Retort: The Other Side of the News
Wednesday, June 24, 2020

A federal appeals court on Wednesday ordered Judge Emmet Sullivan to dismiss the case against former Trump national security adviser Michael Flynn, a surprise conclusion in a long-running political fight.

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This needs to go to en banc review.

#1 | Posted by JOE at 2020-06-24 10:47 AM | Reply | Newsworthy 4

Trump would have pardoned him anyway.

He knows too much about Trump's colliusion with the Russians.

#2 | Posted by donnerboy at 2020-06-24 10:53 AM | Reply | Newsworthy 2

Quick reading...

It seems to revolve around prosecutorial powers of the Executive branch. To allow the case to continue would result in an infringement of those powers.

#3 | Posted by LampLighter at 2020-06-24 10:55 AM | Reply

#2 Yes, but he should have to pardon a traitor himself instead of Barr manipulating the case in a way most laypeople won't notice/understand.

#4 | Posted by JOE at 2020-06-24 10:55 AM | Reply | Newsworthy 3

Re#4

That is why he has his own personal lawyer.

Bill Barr. Who is about to be subpoenaed by Congress.

And today's hearings about Barr's corruption of the DOJ should be very interesting. Especially in light of this. It's just more of the same pattern of Trump directing Barr to do his dirty work.

#5 | Posted by donnerboy at 2020-06-24 11:04 AM | Reply

Barr needs to spend the rest of his days in prison for his crimes.

#6 | Posted by a_monson at 2020-06-24 11:16 AM | Reply

The cops were too tough in Mike Flynn.
Just ask George Floyd.

#7 | Posted by anton at 2020-06-24 11:22 AM | Reply

Good. Dismiss it. Hold him in contempt. And since the plea deal is broken, let Biden's DOJ charge him with everything.

#8 | Posted by Sycophant at 2020-06-24 11:38 AM | Reply

This is what it looks like when Trump has had 200 judges put in place. Republicans that voted for Trump for this reason can declare mission accomplished. Of course, now that that is out of the way, they can sit this election out.

#9 | Posted by lee_the_agent at 2020-06-24 11:42 AM | Reply

Trump can't afford to pardon Flynn. First off, it would be at HIS feet, not some lackey like Barr. Contrary to popular opinion, Trump does not like to do the dirty work himself, he prefers to get other people to do it so that if the wind goes against it, he can distance himself, like he did with the firing of US Attorney Berman in New York. To hear Trump now, it's like he'd never even heard of Berman before last weekend.

The other reason that pardoning someone like Flynn is a problem is because once pardoned, Flynn could not be charged with any crimes related to his service with Trump and the campaign, however, he could still be subpoenaed to testify and since he would no longer be subject to a criminal charge, he would loss his right to not incriminate himself. The 5th Amendment ONLY protects people who could be charged with a crime based on what they were forced to say in court or before a Congressional committee. Once you're pardoned, you lose the right to 'Plead the 5th'. Flynn would be forced to answer the questions put to him under penalty of contempt of court/Congress, which means he could end up in jail anyway.

OCU

#10 | Posted by OCUser at 2020-06-24 12:04 PM | Reply

Of course he can afford it. Telfon Don does not give a F.

#11 | Posted by sitzkrieg at 2020-06-24 12:06 PM | Reply

Remember back in the days when colluding with the Russian Ambassador, then lying about to the FBI was considered a really bad thing by Republicans?
They seem to have given up patriotism in favor of Trumpism.

#12 | Posted by danni at 2020-06-24 12:06 PM | Reply | Newsworthy 1

#12 Unfortunately the Mueller report found no collusion, but the Dunham report most likely will, between the Hillary campaign and Russia with the Steele dossier.

#13 | Posted by fishpaw at 2020-06-24 12:18 PM | Reply | Funny: 6

"This needs to go to en banc review.

#1 | POSTED BY JOE AT 2020-06-24 10:47 AM

EXCELLENT! But is this something Judge Sullivan (or a prosecutor) can demand before accepting the order to dismiss.

#14 | Posted by Twinpac at 2020-06-24 12:20 PM | Reply

@#13 ... Unfortunately the Mueller report found no collusion ...

The Mueller report found and documented the evidence of 17 officials of the Trump circle participating in over 100 instances of conspiring with Russians.

#15 | Posted by LampLighter at 2020-06-24 12:26 PM | Reply | Newsworthy 12

@#14

From what I read, Judge Sullivan can request it.

#16 | Posted by LampLighter at 2020-06-24 12:31 PM | Reply

Unfortunately the Mueller report found no collusion

#13 | Posted by fishpaw at

Are you one of those Donald Trump Prophet of God people? I don't get you otherwise.

#17 | Posted by Zed at 2020-06-24 12:38 PM | Reply | Funny: 1 | Newsworthy 2

Jeff Tiedrich
@itsJeffTiedrich

21m
it's a good thing that Mike Flynn was just a wealthy white traitor who sold out his country, lied to the FBI and pleaded guilty to everything, and not, for example, a black woman asleep in her own bed, because there are serious consequences for that

#18 | Posted by reinheitsgebot at 2020-06-24 12:41 PM | Reply | Newsworthy 5

is this something Judge Sullivan (or a prosecutor) can demand before accepting the order to dismiss.

Not an expert in this arena but it seems like a gray area. Appellate Rule 35 allows a "party" to request an en banc hearing. Technically the parties to this case are Michael Flynn and the United States of America (via the DOJ). However, Judge Sullivan was a "respondent" for purposes of this petition to the court of appeals and the case was argued (in part) on his behalf. I could see another partisan split over whether he can technically request en banc review.

However, if just one judge of the DC circuit asks for a vote then the circuit judges need to hold a vote on whether to have an en banc hearing. I consider the opinion in this case to be of such substantial importance that at least one judge will do this, but you never know.

#19 | Posted by JOE at 2020-06-24 12:43 PM | Reply

@#19

thx for the more detailed comment.

#20 | Posted by LampLighter at 2020-06-24 12:47 PM | Reply

Unfortunately the Mueller report found no collusion

#13 | Posted by fishpaw at

Are you one of those Donald Trump Prophet of God people? I don't get you otherwise.

#17 | POSTED BY ZED

99.9% pure.

A less redacted version of special counsel Robert Mueller's report on the Russia investigation reveals damaging new details about the Trump campaign's knowledge of WikiLeaks' document dumps during the 2016 election.

Multiple top Trump campaign aides told investigators that Trump himself, then the presumptive Republican presidential nominee, knew WikiLeaks had information that would hurt the Clinton campaign, the report said.

Mueller also believed Trump may have lied to him in his written answers to questions from investigators.

Prosecutors also suspected that Trump may have discussed his answers with Roger Stone, the longtime former Republican strategist who was convicted on seven felony counts of obstruction, false statements, and witness tampering.

And the hits just keep on coming.

And Yup!

Totally exonerated!!!

#21 | Posted by donnerboy at 2020-06-24 01:02 PM | Reply | Newsworthy 5

Link for 21

www.businessinsider.com

#22 | Posted by donnerboy at 2020-06-24 01:04 PM | Reply

#21 Sure because Assange went on TV and said so. When you idiots also claim that evidence of collusion was when Trump said in a campaign speech for Russia to help find Hillary's emails you have hit an all time level of stupid.

#23 | Posted by fishpaw at 2020-06-24 01:21 PM | Reply | Funny: 2

friend of a friend of a friend of a friend of a friend of a friend of a friend of a ...

#24 | Posted by LesWit at 2020-06-24 01:25 PM | Reply

"Trump said in a campaign speech for Russia to help find Hillary's emails "

Yes he did.

And We all know Humpy can't keep a secret. All the while he was doing exactly what he was being all braggadocios about.

Apparently.

And that's ok with you!

Apparently.

#25 | Posted by donnerboy at 2020-06-24 01:45 PM | Reply | Newsworthy 1

#25 needs an idiot flag. Really. So I'm sure you didn't pay attention to the recently released senate hearing transcripts where under oath Clapper, Brennon and your other hero Schiff testified they actually never had any evidence of collusion .

#26 | Posted by fishpaw at 2020-06-24 01:55 PM | Reply | Newsworthy 1

@#25 ... "Trump said in a campaign speech for Russia to help find Hillary's emails "

Yes he did. ...

... and a few hours later there were hacking attacks on Ms Clinton's email by Russian hackers.

#27 | Posted by LampLighter at 2020-06-24 01:59 PM | Reply | Newsworthy 1

JOE

To the best of your knowledge, is there a time limit on the request for an en banc hearing or , in other words, can anybody force the clock to run out?

#28 | Posted by Twinpac at 2020-06-24 02:06 PM | Reply

#27 Cloudstrike who worked for the DNC and investigated the hack said they couldn't say it was the Russians, just as good a chance it was a disgruntled Bernie supporter. Again under oath. Keep trying though.

#29 | Posted by fishpaw at 2020-06-24 02:07 PM | Reply

Sullivan, or anyone on the 9th Circuit, can call for an en banc review. The lone dissenter in this ridiculous decision can call for one.

It would be surprising if there was no en banc called. Hopefully, there are a few decent judges left, after Moscow Mitch flooded the courts with unqualified ideologues.

#30 | Posted by chuffy at 2020-06-24 02:16 PM | Reply

... Cloudstrike who worked for the DNC and investigated the hack said they couldn't say it was the Russians ... ,/i>

CrowdStrike's work with the Democratic National Committee: Setting the record straight
www.crowdstrike.com

...Did CrowdStrike have proof that Russia hacked the DNC?

Yes, and this is also supported by the U.S. Intelligence community and independent Congressional reports....




#31 | Posted by LampLighter at 2020-06-24 02:27 PM | Reply

What, for us non-lawyers, is an en banc review?

#32 | Posted by kudzu at 2020-06-24 02:28 PM | Reply

Cloudstrike who worked for the DNC and investigated the hack said they couldn't say it was the Russians, just as good a chance it was a disgruntled Bernie supporter. Again under oath. Keep trying though.

It is truly amazing that people have watched this story for years, and literally have no idea what has happened, other than what the media has told them what happened.

You can present transcripts, primary documents, whatever. It means absolutely nothing compared to Rachael Maddow running her mouth and making up reality from whole cloth.

#33 | Posted by Ben_Berkkake at 2020-06-24 02:30 PM | Reply

@#32 ... What, for us non-lawyers, is an en banc review? ...

The initial judgment was made by a subset of the Judges. An en banc review means that all the Judges who sit on the Appeals Court will decide.

En banc means "as a whole."

#34 | Posted by LampLighter at 2020-06-24 02:34 PM | Reply

#32 Federal appeals are heard by 3-judge panels even though there are more than 3 appellate judges sitting to hear cases. This helps them plow through a crowded caseload more efficiently. "En banc" review is when someone who doesn't like a panel decision convinces the entire group of judges to hear the case all over again.

#35 | Posted by JOE at 2020-06-24 02:35 PM | Reply | Newsworthy 1

#33 As long as the sheep idiots believe her she will still spew it.

#36 | Posted by fishpaw at 2020-06-24 02:36 PM | Reply

Did CrowdStrike have proof that Russia hacked the DNC?

Yes, and this is also supported by the U.S. Intelligence community and independent Congressional reports.

Following a comprehensive investigation that CrowdStrike detailed publicly, the company concluded in May 2016 that two separate Russian intelligence-affiliated adversaries breached the DNC network.

To reference, CrowdStrike's account of their DNC investigation, published on June 14, 2016, "CrowdStrike Services Inc., our Incident Response group, was called by the Democratic National Committee (DNC), the formal governing body for the US Democratic Party, to respond to a suspected breach. We deployed our IR team and technology and immediately identified two sophisticated adversaries on the network " COZY BEAR and FANCY BEAR ... . At DNC, COZY BEAR intrusion has been identified going back to summer of 2015, while FANCY BEAR separately breached the network in April 2016."

This conclusion has most recently been supported by the Senate Intelligence Committee in April 2020 issuing a report [intelligence.senate.gov] validating the previous conclusions of the Intelligence community, published on January 6, 2017, that Russia was behind the DNC data breach.

The Senate report states on page 48:

"The Committee found that specific intelligence as well as open source assessments support the assessment that President Putin approved and directed aspects of this influence campaign."

Furthermore, in his testimony in front of the House Intelligence Committee, Shawn Henry stated the following with regards to CrowdStrike's degree of confidence that the intrusion activity can be attributed to Russia, cited from page 24:

HENRY: We said that we had a high degree of confidence it was the Russian Government. And our analysts that looked at it and that had looked at these types of attacks before, many different types of attacks similar to this in different environments, certain tools that were used, certain methods by which they were moving in the environment,and looking at the types of data that was being targeted, that it was consistent with a nation-state adversary and associated with Russian intelligence.
Have any other organizations concluded that Russia was behind the DNC hack?

Yes. CrowdStrike's conclusion that Russia was behind the DNC hack is supported by the U.S. Intelligence community and also by independent Congressional reports. Most recently, the Senate Intelligence Committee released a report in April 2020 that validated the previous conclusions of the Intelligence Community Assessment, published on January 6, 2017, all concluding that Russia was behind the DNC data breach.


www.crowdstrike.com

#37 | Posted by Gal_Tuesday at 2020-06-24 02:38 PM | Reply | Newsworthy 4

On page 32 of the testimony, Henry also explains that

"We don't have video of it happening, but there are indicators that it happened" and "we did not have concrete evidence that data was exfiltrated from the DNC, but we have indicators that it was exfiltrated." As another reference point, the independent report by Special Counsel Robert S. Mueller also cites the theft of documents from the DNC and DCCC on page 40, stating the following:

"Officers from Unit 26165 stole thousands of documents from the DCCC and DNC networks, including significant amounts of data pertaining to the 2016 U.S. federal elections. Stolen documents included internal strategy documents, fundraising data, opposition research, and emails from the work inboxes of DNC employees."


www.crowdstrike.com

#38 | Posted by Gal_Tuesday at 2020-06-24 02:43 PM | Reply

I wonder what Obama meant when he said he wanted the "right people" to do the investigation.

#39 | Posted by visitor_ at 2020-06-24 02:50 PM | Reply

Silver lining? Flynn can now be charged with ALL crimes come January, including the other felonies he admitted to in the Statement of Offenses in this case AND the prosecutors will not have to fight to undo a corrupt Trump pardon (and no 6-month cap).

twitter.com

#40 | Posted by Gal_Tuesday at 2020-06-24 02:57 PM | Reply | Newsworthy 1

It is truly amazing that people have watched this story for years, and literally have no idea what has happened, other than what the media has told them what happened.

It's truly amazing that idiots like Ben and Fishface still don't realize that the freaking Dutch WATCHED the Russians hack the DNC on video while they were doing it and reported it directly to US intelligence!

Report: Dutch Spies Watched Russians Hack the DNC

Dutch newspaper De Volkskrant, citing six unnamed American and Dutch sources, reports that the Dutch security service known as the AIVD snooped on the Russian hacking team Cozy Bear by penetrating its computer network in a Moscow university building back in the summer of 2014. Specifically, it witnessed the Russian hackers stealing thousands of emails and files from the DNC.

The AIVD then warned US intelligence about the hack, but it reportedly spied on Cozy Bear for up to 2.5 years, and even had access to a security camera within the Moscow building, where the Russian hackers were based.

Do either of you nimrods have anything else to say on this topic?

Crowdstrike only confirmed what the Dutch already knew and reported to our government. Maybe that's why a deeper FBI investigation from the US end wasn't necessary.

#41 | Posted by tonyroma at 2020-06-24 03:22 PM | Reply | Newsworthy 2

I wonder what Obama meant when he said he wanted the "right people" to do the investigation.

Do you? Do you ever wonder what Rrump meant by the "best people"?

Apparently it meant who ever paid the most.

It ended up being people who wanted their jobs so they could undo all the regulations and protections that have been put in place over the past 75 years.

But sure. Obama was black. So keep on hating.

#42 | Posted by ClownShack at 2020-06-24 03:27 PM | Reply | Newsworthy 2

idiots like Ben and Fishface

Are but 2 of Trumps deplorables.

About 30% of the country is as uninformed as they are.

These 30% are all the GOP need to win the EC.

The GOP have complete control over their cultists.

Everyday we get closer to the election I fear more and more that Trump will win.

By the way. Anyone seen or heard from Biden lately? Is he still alive?

Is he banking on hate to win him the election? Didn't work for Hillary. And, IMO, Hillary was a much stronger contender than Biden is.

Have we figured out the game plan for when Trump wins in November?

#43 | Posted by ClownShack at 2020-06-24 03:35 PM | Reply

"It's truly amazing that idiots like Ben and Fishface still don't realize that the freaking Dutch WATCHED the Russians hack the DNC on video while they were doing it and reported it directly to US intelligence!"

Thanks, Tony. I meant to post about that info Dutch intel (but got distracted), because I believe that is what Crowdstrike was referencing with this statement:

"We don't have video of it happening".

#44 | Posted by Gal_Tuesday at 2020-06-24 03:42 PM | Reply

Clown...

I see Biden almost every day - he just held a joint event with Obama - online. Biden is being responsible and showing the nation that the virus is still a threat and people should only do necessary activities - while always practicing social distancing. He understands that we don't have enough testing, contact tracing, or isolation protocols to insure safe mass gatherings unlike Trump.

Biden's polling advantages keep increasing every week. I hardly see why anyone would want him to do anything differently as Trump continues to crash and burn.

If you haven't noticed, this year's election isn't about usual issues because the virus controls everything and it is not predictable. The election is a referendum on Trump and he continues to show that his malgovernance is the clearest and most present danger to the nation's future.

#45 | Posted by tonyroma at 2020-06-24 03:44 PM | Reply

@#43 ... By the way. Anyone seen or heard from Biden lately? Is he still alive? ...

He's around and visible if you want to see him, but not making a high-profile currently.

It seems Mr Biden is following the political adage, "When your opponent is self-destructing, don't interrupt him."

#46 | Posted by LampLighter at 2020-06-24 03:56 PM | Reply

#27 Cloudstrike who worked for the DNC and investigated the hack said they couldn't say it was the Russians, just as good a chance it was a disgruntled Bernie supporter. Again under oath. Keep trying though.
#29 | POSTED BY FISHPAW
www.crowdstrike.com
...Did CrowdStrike have proof that Russia hacked the DNC?
Yes, and this is also supported by the U.S. Intelligence community and independent Congressional reports....
#31 | POSTED BY LAMPLIGHTER
#33 As long as the sheep idiots believe her she will still spew it.
#36 | POSTED BY FISHPAW

Proven Wrong and then talks about sheep idiots...like a sheep idiot...

#47 | Posted by Sycophant at 2020-06-24 03:56 PM | Reply | Newsworthy 2

I wonder what Obama meant when he said he wanted the "right people" to do the investigation.

It's impossible for you to view that statement through the lens of someone who has integrity, so i can see why you'd ask.

Investigating a presidential campaign for natsec red flags is potentially destructive in a democracy and it's quite possible Obama meant that he wanted people who (a) wouldn't pursue their own biased interests and (b) would follow all of the rules.

You can bitch and argue about whether those things actually happened. But the fact remains that you see a lack of ethics in Obama's statement because that's the type of person you support (and likely are yourself).

#48 | Posted by JOE at 2020-06-24 04:25 PM | Reply | Newsworthy 1

#12 Unfortunately the Mueller report found no collusion, but the Dunham report most likely will, between the Hillary campaign and Russia with the Steele dossier.

#13 | POSTED BY FISHPAW

Still pushing your lies.

STFU you dishonest POS.

#49 | Posted by jpw at 2020-06-24 05:57 PM | Reply | Newsworthy 2

Leaking to the press anonymously: She was hacked and we're totes sure it was Russians. Totes.

In testimony under oath under penalty of perjury: We can't be sure she was even hacked or and if she was who did it.

#50 | Posted by visitor_ at 2020-06-24 06:27 PM | Reply

To allow the case to continue would result in an infringement of those powers.
#3 | POSTED BY LAMPLIGHTER

In other words, the Executive has the power to order the Judiciary to stand down, even in the face of a guilty plea... and the Executive can do this for any arbitrary and capricious reason; or for no reason at all.

Serious question for Et_Al and the ghost of JeffJ: Does this sound like the rule of law to you?

#51 | Posted by snoofy at 2020-06-24 08:11 PM | Reply | Newsworthy 2

By the way. Anyone seen or heard from Biden lately? Is he still alive?

If you were a supporter and contributor like me you would know. He was on a town hall meeting with supporters and with Obama.

Sorry you missed it. It is so nice to listen to intelligent, compassionate and interesting people.

.......

In testimony under oath under penalty of perjury: We can't be sure she was even hacked or and if she was who did it.

#50 | POSTED BY VISITOR_

Gibberish.

#52 | Posted by donnerboy at 2020-06-24 09:56 PM | Reply | Newsworthy 1

Barr needs to spend the rest of his days in prison for his crimes.

#6 | Posted by aborted_monson at 2020-06-24 11:16 AM | Reply

My name is Kim Jong-Un and I approve this message.

#53 | Posted by rhet at 2020-06-24 10:09 PM | Reply

Barr does need to go to prison. So corrupt. Disgusting, immoral, lying, POS.

#54 | Posted by YAV at 2020-06-24 10:37 PM | Reply | Newsworthy 1

Never seen a worm wiggle so hard to get off a hook he jumped into.

#55 | Posted by donnerboy at 2020-06-25 12:17 PM | Reply

My name is Kim Jong-Un and I approve this message.

#53 | POSTED BY RHET

Barr is prosecuting Kim Jing-Un?

Barr should have nothing to do with Kim or foreign policy.

He should be ensuring Justice in America and ensuring that no man is above the law.

Instead of protecting trumps corrupt stinky disgusting hinny.

#56 | Posted by donnerboy at 2020-06-25 12:21 PM | Reply

Barr should be impeached.

But block, delay and obfuscation will win the day.

There is only one solution now.

Vote.

In November Vote like your life depends on it.

Because. Apparently. It does.

#57 | Posted by donnerboy at 2020-06-25 12:23 PM | Reply | Newsworthy 2

#12 Unfortunately the Mueller report found no collusion, but the Dunham report most likely will, between the Hillary campaign and Russia with the Steele dossier.

#13 | POSTED BY FISHPAW

..and that's what happens when you disinfect with Trump's Turpentine

#59 | Posted by CrisisStills at 2020-06-26 03:54 AM | Reply | Newsworthy 1

DONNER

"Never seen a worm wiggle so hard to get off a hook he jumped into."

Maybe he knows what's waiting for him on the other side ~~ when he is no longer A.G. Barr. Especially if Biden choses former SDNY prosecutor Geoffrey Berman as his replacement.

That would certainly create some interesting fireworks for us to debate.

I think I'll email Joe Biden and put a bug in his ear.

#60 | Posted by Twinpac at 2020-06-26 05:54 AM | Reply

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