By Jon Dougherty
(NationalSentinel) If you needed more proof that Attorney General William Barr has a big lift in cleaning up the Justice Department and FBI after Barack Obama turned both agencies into political wings of the Democrat Party, this will do it.
As noted by investigative journalist Sara A Carter, a federal judge has backhanded the Justice Department for arguing in court this week that former Trump National Security Adviser Michael Flynn — whoÂ still hasn’t been sentenced yet for his ‘crime’ of lying to a corrupt FBI agent in 2017 — is a “co-conspirator” in a case against his former business partner.
U.S. District Judge Anthony Trenga in the Eastern District of VirginiaÂ slammed the Department of Justiceâ€™s request to designate former National Security Advisor Michael T. Flynn a â€˜coconspiratorâ€™ in the ongoing case it has against his former business partner after the government stated on numerous occasions that Flynn was a cooperating witness.
Trenga issued the 38-page scathing opinion in the late afternoon Tuesday that the â€œUnited States at this point has not presented or proffered evidence to sufficient to establish by a preponderance of the evidence a conspiracy for the purposes of admitting against the Defendant the hearsay statements of alleged co-conspirators.â€
“Notably absent from the governmentâ€™s proffer is any evidence from Michael Flynn, who, as discussed above, has admitted that he made certain false statements in the FARA filing that was the object of one of the charged conspiracy and has entered into a cooperation agreement with the United States that extends to this prosecution,” Trenga added.
Earlier, Carter reported that Flynn’s attorney, former federal prosecutor Sidney Powell, who recently replaced Flynnâ€™s former defense attorney Robert Kelner, “submitted a filing to the Eastern District of Virginia fighting the governmentâ€™s Â proposal to ask the Court to deem Flynn a â€œco-conspiratorâ€ in the case against his former partner Bijan Rafiekian.”
Flynn, a former three-star Army general and director of the Defense Intelligence Agency during the Obama administration, has been subject to hundreds of hours of questioning and testimony, at great personal expense.
He pleaded guilty to a single count of lying to FBI agents Dec. 1, 2017, and promised to cooperate in the fledgling “Russiagate” probe that had been launched earlier that year by special counsel Robert Mueller after he was given a mandate by then-Deputy Attorney General Rod Rosenstein.
Flynn was scheduled to be sentenced a number of times since, but always at the last minute, his sentencing gets delayed. It was delayed again last month after Powell asked a federal judge for 90 days to review his plea agreement.
In December, before Mueller released his final Russiagate report, Rep. Mark Meadows (R-N.C.) noted there was still “no evidence” that Flynn colluded with Moscow.
In fact, Mueller recommended that Flynn receive no jail time for after providing â€œsubstantial assistanceâ€ to him regarding matters beyond â€˜Russian collusion.â€™
Later in December,Â The Hill‘s investigative ace, John Solomon, reported that Flynn’s old agency, the DIA, has exculpatory evidence regarding the retired three-star but hasn’t released it.
â€œLet me say this about Mike Flynn. In May 2017 there was a document identified to a small number of people in the United State government. Itâ€™s in the possession of the Defense Intelligence Agency. For 18 months thereâ€™s been an effort to resist declassifying that document,â€ Solomon said.
â€œI know that that document contains extraordinary exculpatory information about General Flynn. I donâ€™t believe the president has ever been told about this document. One lawmaker discovered it but he was thwarted by the Defense Intelligence Agency in his ability to disclose it. I think we all should ask for that declassification. Get that out. It may enlighten the judge,â€ he added.
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