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In August, when President Donald Trump’s lawyers persuaded him to refrain from attacking independent counsel Robert Mueller publicly — he had many times called Mueller’s investigation a “witch hunt” — they also told him that the investigation was not aimed at him and not to worry because it would be over by Thanksgiving.

These are the same lawyers who revealed a fissure in the strategy of the president’s legal team. On one side are presidential lawyers who want to cooperate fully with Mueller because they are convinced that the president has nothing to fear from the public revelation of truthful information.

On the other side are presidential lawyers who believe that the office of the presidency is being diminished by its subservient surrendering of all demanded documents and emails to Mueller’s investigators — materials that skilled prosecutors might somehow be able to use against the president or members of his inner circle someday.

Adding to this is the presence of Gen. John Kelly, the White House chief of staff, a non-lawyer, who serves as the referee when the president’s lawyers disagree. That disagreement was heightened on Thanksgiving eve when a letter arrived at the White House. It must have been received as if it were a thunderbolt and no doubt generated bitter reminders of the “over by Thanksgiving” remark made to Trump personally.

Here is the back story.

When the government is investigating or prosecuting a group of people who have some common bond or prior relationship or mutual interest, it is not uncommon for their lawyers to enter into a joint defense agreement. This type of agreement is a written contract that generally governs the relationship of the potential defendants to one another and their joint relationship to the government. Though no two agreements are identical, they generally provide for the sharing of communications to and from the government, the sharing of evidence and a joint defense.

So if one of the lawyers in the agreement receives a request from the government for documents from that lawyer’s client, that lawyer will share the request and copies of the surrendered documents with the other lawyers who have signed the agreement.

The joint defense established by the agreement — we will sink or swim together — prohibits any person whose lawyer has signed the agreement from pointing a finger at any other person whose lawyer has signed the agreement. This united front often strengthens the defense team and frustrates the government. These agreements are common, lawful and binding until any potential defendant withdraws.

Lawyers must be very careful about what they have agreed to do, because a lawyer’s first and core loyalty is to her or his client, not to the group of folks represented by fellow counselors who have signed the agreement.

In the Mueller investigation, lawyers for some of the major targets — but not all — signed such an agreement. Those who did include lawyers for the president and lawyers for his former national security adviser, Michael Flynn.

Last Wednesday evening, after Trump had left the White House for a Thanksgiving weekend at his Florida estate, Flynn’s lawyers delivered a letter to lawyers for all the others in the agreement, including Don McGahn, who is White House counsel, to announce their withdrawal from it. This means that they can no longer comply with the terms of the agreement because they are about to have communications with Mueller’s team that they cannot share with the lawyers for the others.

That can only mean that Flynn is offering to give the government something. But Mueller’s prosecutors are threatening Flynn’s liberty. Why would he help them?

The retired lieutenant general faces a host of potential felonies — conspiracy to kidnap a foreign national, conducting a private foreign policy with a foreign government, failing to register as a foreign agent, failing to report income from a foreign government, working for a foreign government while working for the U.S. government, lying to FBI agents — all of which expose him to decades of federal prison time.

Flynn might help Mueller prosecute others because Mueller could reduce Flynn’s prison exposure substantially in return for credible evidence against another person in the agreement.

The tantalizing question remains: What evidence does Flynn have that Mueller wants or can use? Here is where this business of independent counsels — prosecutors not answerable through normal Department of Justice channels — can become dangerous to personal liberty.

Because this independent counsel’s office has been established solely to examine whether any Americans aided the Russian assault on our electoral system in the months leading up to the presidential election in 2016, Mueller, who heads that office, like his many predecessors who were appointed solely to investigate one person or one crime or one series of events, will have a natural tendency to indict someone for something, if only to justify his office’s existence.

We have already seen this in the charges against three former Trump colleagues — for lying to the FBI and for money laundering — which have no visible connection to the Russians or the election. Though there may be no visible connection to the Russians or the election, there may be an invisible one, so to speak.

Uncovering that kind of connection, which is brought about by fear of incarceration and a willingness to trade knowledge of dirt on former compatriots in return for one’s own freedom, is a technique mastered by prosecutors for nearly a century. But is this type of dirt, which is essentially purchased by the government by shaving years off federal prison exposure, believable?

Regrettably, this purchased, bribed testimony is, more often than not, believed by jurors, even though they are told of the deals that brought the evidence to them. Though Trump’s lawyers are gainsaying this Flynn reversal, they must know how potentially dangerous it is to their client. Flynn was Trump’s nearly constant confidant from June 2015 to February 2017.

Thanksgiving is over. Mueller and his team remain hard at work.

Distributed by Creators.com.

 
• Category: Ideology • Tags: Donald Trump, Michael Flynn, Robert Mueller, Russia 
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  1. Same logic as Charlottesville.

    The guy came to give a speech, his rights were violated, he reacted, and HE got charged.

    Even a part-Jewish homo can’t get a break in PC terror dome.

    Read More
    • Replies: @Hank Rearden
    Theft of personal property is a progressive value!

    Quinebaug Valley College Releases Statement – Says It’s OK Their Advisor Stole Lucian Wintrich’s Speech at UConn

    http://www.thegatewaypundit.com/2017/11/quinebaug-valley-college-releases-statement-says-ok-advisor-stole-lucian-wintrichs-speech-uconn/
     
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  2. anonymous says: • Disclaimer

    Look for it .. bingo! Another week, another crafty incantation of the Establishment line:

    “.. whether any Americans aided the Russian assault on our electoral system in the months leading up to the presidential election in 2016..”

    Why not “the alleged Russian assault”? Or even “a Russian assault”?

    Is it because Mr. Napolitano and those whom he would please want you to believe something that, if plainly asserted, would engage your critical thought?

    Read More
    • Replies: @Issac
    Be grateful that the traitors in your midst see fit to regularly announce their intentions.
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  3. Why can’t we get rid of Special Prosecutors and institute a Trial by Combat system. I’d love to see Trump climb into a cage with Pelosi, Schumer, Clinton, or the Attacker du jour for a battle to the death.

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  4. “conspiracy to kidnap a foreign national, conducting a private foreign policy with a foreign government, failing to register as a foreign agent”

    Lets look at who else might be in violation of these laws.

    “conspiracy to kidnap a foreign national”
    —- this has been standard practice by the CIA and the US ‘intelligence community’ in general for decades. Thus, certainly this charge can be mounted against any and all former CIA managers and officials, all of the members of the intelligence committees that get secret breifings as a sorry substitute for real oversight in a democracy, all of the members of Congress who decided that they didn’t want to know and thus let the members of the intelligence committees be their surrogates, and every member of Congress who voted in favor of a CIA budget that funds such activities, and former members of the executive branch (including Obama and Hillary) who knew about the CIA kidnap programs. Under the laws of ‘conspiracy’ as otherwise enforced by federal prosecutors, all of the above seem to have been members of a conspiracy to kidnap foriegn nationals. Italy has tried to prosecute on these crimes, so I suppose we should add all US officials who’ve interfered with Italy’s extradition requests.

    “conducting a private foreign policy with a foreign government”
    —- Sen John McCain is certainly guilty of this. While congresspeople take ‘information gathering’ junkets, McCain has gone for beyond this. Both in the fact that he seems to have his picture taken and gives support to every US backed terrorist since Ronnie Rayguns ‘freedom fighters’ were fighting in Afghanistan to Barrack Obama’s freedom fighters fighting in Syria. Of course, these ‘freedom fighters’ are now better known by names such as Al-Qaeda and ISIS. The Senator also just traveled the world in the early days of the Trump administration and was clearly conducting his own foreign policy. A US Senator does not have the right to do this in opposition to a President and the State Dept, a fact that is mentioned anytime in the past when there used to be lefties in the Senate who might try to work for peace. But John McCain is regularly given a free pass for the same activities.

    “failing to register as a foreign agent”
    —– If America decides to drain the swamp known as Congress, they can do so by simply enforcing this one law. How many members of Congress take money from Israel’s supporters? We see almost every Presidential candidate fly to Israel to hold fund-raisers there. If that’s not a sure declaration that they are in violation of this law, I can’t think of what would be. Consider if Trump had flown to Russia to publicly hold fund-raisers and raise money? Or if he had taken money from the “American-Russian Political Action Committee” which promoted Russian policies for the USA? Or perhaps we should ask why Hillary is not being prosecuted for this since foreign governments were making ‘donations’ to the Clinton Foundation and obviously influencing her decisions as Sec of State. Its ok when Saudi Arabia pays millions to get Hillary’s signature on arms deals, or when a Russian company pays tens of millions to get control of a large percentage of America’s uranium supply, but only Gen. Flynn gets prosecuted?

    What’s quite obvious about this is that Gen. Flynn is apparently be pursued for doing exactly what almost everyone in Washington DC is doing on a regular basis. Gen. Flynn’s obvious mistake is that he thought he could do the same activities that he saw everyone around him doing.

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  5. @Priss Factor
    Same logic as Charlottesville.

    The guy came to give a speech, his rights were violated, he reacted, and HE got charged.

    Even a part-Jewish homo can't get a break in PC terror dome.

    https://twitter.com/lucianwintrich/status/936034899550789633

    Theft of personal property is a progressive value!

    Quinebaug Valley College Releases Statement – Says It’s OK Their Advisor Stole Lucian Wintrich’s Speech at UConn

    http://www.thegatewaypundit.com/2017/11/quinebaug-valley-college-releases-statement-says-ok-advisor-stole-lucian-wintrichs-speech-uconn/

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  6. Issac says:
    @anonymous
    Look for it .. bingo! Another week, another crafty incantation of the Establishment line:

    ".. whether any Americans aided the Russian assault on our electoral system in the months leading up to the presidential election in 2016.."

    Why not "the alleged Russian assault"? Or even "a Russian assault"?

    Is it because Mr. Napolitano and those whom he would please want you to believe something that, if plainly asserted, would engage your critical thought?

    Be grateful that the traitors in your midst see fit to regularly announce their intentions.

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  7. gustafus says:

    Trump is the gift that keeps on giving. I’ve learned so much about DC, since he arrived.

    First off – I never knew that the agencies are run by institutional Democrats. I remember some grousing when Clinton was installed because they removed pretty much everybody to install their own operatives in every agency. TOP to BOTTOM… Clintonistas IN … Bush and others OUT.

    But I thought that was routine. New administration.. new people.

    Not so. Every day we hear that the Justice and FBI won’t turn over documents… it doesn’t matter that Trump is president… these two Executive Branch offices belong to the bureaucrats and career prosecutors that run them.

    To hell with Trump… and Sessions does NOTHING.

    Sessions is a traitor but the Senate won’t vote for a replacement… so we are stuck with an enemy at Justice…

    Who would have thought that Sessions signed on early for positioning to defend the swamp and sink the Donald when the time came.

    The evidence of criminality from Lerner, to Holder, to the IRS, — even this Consumer Protection racket…. funded by the FED????? …is overwhelming… . and the GOP allowed this? sanctioned it ?

    How about the slush fund for paying off victims… and now the GOP head of the committee that runs it WON’T REVEAL THE PAY OUTS….

    This is quite the education we are getting…. and the GOP is as guilty as the DNC..

    Sessions, McCain, much of the Senate and House Republicans … the Bush crime Family… the major newspapers and networks… not to mention the FBI, CIA, Justice and NSA…. all under the control of anti Trump GOP/DNC operatives.

    Now we see that this “independent” counsel bankrupted someone close to Trump until he came up with something to tar Trump with….. my my my….

    and Sessions refuses to do the same to Obama or Clinton….. he’s on their side.

    We NEED A MAJOR revolution here my fellow Americans…. this must end.

    Read More
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  8. Corvinus says:

    “We have already seen this in the charges against three former Trump colleagues — for lying to the FBI and for money laundering — which have no visible connection to the Russians or the election. Though there may be no visible connection to the Russians or the election, there may be an invisible one, so to speak.”

    There is “no visible connection” for now. The judge knows that the prosecution keeps their cards close to the vest. Napolitano really needs to keep up with what is actually going in the investigation.

    https://twitter.com/SethAbramson?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

    By most accounts prior to Mueller becoming the special prosecutor, he was considered to be highly ethical, measured, and judicious. Those traits do not simply disappear merely because he is conducting a high profile investigation.

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