PRESERVE, PROTECT and CONDEMN
by
FRANK M. GENNARO

"Preserve, Protect and Condemn explores the future of government controlled healthcare in America. The bad news is that you might not have one."

FRANK ON FRIDAY – The Screws of Justice

In my youth I was a prosecutor, working for the New Jersey Attorney General in the newly constructed Hughes Justice Complex in Trenton.  In the ridiculously oversized and largely empty lobby of the building, there stand a couple of 20 or 30 foot high modern sculptures that, more than anything else, resemble the tips of screwdrivers.  No one ever explained their supposed meaning, but I long ago christened them “The Screws of Justice.”  Justice, and the prospect of a good screwing, recently came to mind in light of developments in the Michael Flynn case.  Flynn worked in the Obama Administration.  He disagreed with Obama on Iran, and Il Duce fired him.  Obama advised Trump not to hire Flynn.  Trump hired him as National Security Advisor.  And so it came to pass that, in December 2016, Il Duce Obama, and his crime family, a/k/a, the CIA, FBI and Justice Department, knew they had to take Flynn out, for several reasons.  As Obama’s DNI, Flynn knew the intelligence community was abusing the FISA warrant procedure, illegally surveilling Americans.  This is not a conspiracy theory.  Justice Dept. Inspector General Horowitz reported that, in a sample of 25 of more than 700 FISA applications, all 25 contained serious legal errors.  Flynn wanted to clean house.  He also knew about misuse of billions of dollars by the CIA, and according to his lawyer, was about to conduct an audit.  Most importantly, the Obama gang had its fingerprints on the four illegal FISA warrants used to conduct spying on Carter Page, George Papadopolous, and other Trump campaign associates.  If Flynn was permitted to stay in his job, the jig was up, the dirt comes out, and people go to jail.  So they framed Flynn.  They ambushed him without a lawyer, changed the police report to make him look guilty, got him fired, and then prosecuted him for lying to the FBI.  His first lawyers charged Flynn $6 million.  Imagine that.  And then, the Feds coerced him to plead guilty by threatening his son.  This is not justice, it’s a screw job.  With a new lawyer, Flynn moved to withdraw his plea.  He made a plausible case that the government withheld exculpatory evidence from him, like the January 4, 2017 FBI report saying, after months of investigation, they found “no derogatory information,” and the January 24, 2017 FBI report that said the interviewers found he did not lie to them.  Evidence that Flynn was framed was released in recent weeks.  Oh yes, and it seems the law firm that charged Flynn $6 million to plead guilty, withheld thousands of pages of discovery from him.  Think there’s no Deep State?  Ask yourself how and why, with Donald Trump as the president, and Bill Barr as Attorney General, it took three years for us to see evidence that should have been released to Flynn, to Barr, to Congress, and to the public ten minutes after it was ordered to be produced.  They hid it because they had something to hide.  Not convinced yet that there’s a Deep State?  Okay.  Flynn moved to dismiss the charges, Barr sent the case to a US Attorney in Missouri, and after his review, the government told the court it’s dismissing the charges.  Game over, right?  Wrong!  Because the Deep State resides not just in the Executive and Legislative branches, but also in the Judiciary.  The judge on the Flynn case, one Emmet Sullivan, won’t dismiss the case.  We know why the Democrats and the media condemned the decision to drop the case, they’re all covering up their own dirty dealing.  The Obama FBI, CIA, and Justice Dept. illegally spied on the Trump campaign, illegally unmasked Americans, illegally leaked information to the media, railroaded people into prison, and lied about everything.  The media swore to the lies.  But what about this judge?  Aren’t judges supposed to be impartial?  Sure.  Alan Dershowitz has written that, “judges are umpires, not ringmasters.”  Emmet Sullivan doesn’t agree, and he now looks more like Emmet Kelly the clown than Emmet Sullivan the judge.  This is not a complicated issue.  It’s fundamental, first week of law school stuff.  The Constitution permits courts to adjudicate “cases” or “controversies.”  In other words, judges are not allowed to roam about looking for things to do.  A case or controversy is brought to the court because the parties have a disagreement, the court decides the issue, and justice is done.  But when the parties agree, when there’s no controversy, the case is over.  Emmet Kelly Sullivan ignored this, and appointed a former judge (Gleeson), and certified Trump hater, as amicus curiae, friend of the court, to argue whether the court should reject the request to dismiss, and perhaps whether Flynn can be prosecuted for perjury.  Huh?  First of all, there’s no precedent for an amicus in a trial level criminal case.  You have the government and the defendant.  No one else has standing (the right to appear and argue).  Secondly, once the government decides to drop charges, the court has no recourse but to dismiss.  Judge Sullivan’s boss, the D.C. Circuit Court, says that, and Sullivan is bound to follow their decision.  Even Judge Gleeson knows that.  In 2012, Gleeson himself wrote that “the government has absolute discretion to decide not to prosecute, and that it would be an abuse of discretion for the court not to allow the government to drop a prosecution.”  Now Gleeson’s going to tell Sullivan he has such discretion?  And prosecute Flynn for perjury?  Please!  Two small problems with that.  First, people withdraw their guilty pleas every day, and none ever are charged with perjury.  They can’t be.  Federal Rule of Criminal Procedure 11, permits pleas to be withdrawn when “the defendant can show a fair and just reason for requesting the withdrawal.”  Being framed by a government, which withheld exculpatory evidence, and receiving ineffective assistance from your $6 million lawyers are fair and just reasons.  Moreover, even Emmet Kelly Sullivan knows that judges can’t prosecute people.  Only the executive can bring criminal charges.  Sullivan’s taken off his judge’s robe and put on his big red nose.  He’s not running a court.  It’s a circus, and Mike Flynn isn’t in the center ring.  He’s just a sideshow.  The Deep State needs to discredit the president to keep the heat off the Obama crime family.  The screws of justice are tightening.

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