Today the DOJ files their surreply to the game-changing Flynn motion to compel Brady material filed by defense attorney Sidney Powell (full pdf below).  Within the DOJ filing the prosecution generally makes four arguments:

1. The government had no legal obligation to provide exculpatory Brady material prior to the plea agreement (Nov 30th, 2017).
2. After the plea agreement the government had no legal obligation to provide exculpatory Brady material that was not directly related to the evidence about the charge of Flynn lying to investigators during the January 24th, 2017, interview.
3. The government uses odd language to claim a draft of the Flynn interview report (FD-302) does not exist prior to their Feb 10th construct: “Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes.  Sounds sketchy, like they know an earlier draft does likely exist.
4. The government severely understates the conflict of interest created by the DOJ using the leverage of an incorrectly completed FARA submission to pressure the Flynn plea.

Flynn’s attorney Sidney Powell will now be allowed to file a sur-surreply to the position of the DOJ prosecutors.
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Paul Sperry from RealClearInvestigations has outlined the CIA “whistle-blower” who originated the hearsay complaint against President Trump as Eric Ciaramella.
According to the researched outline, Ciaramella worked closely with Democrat operative, Alexandra Chalupa in 2016 to advance the anti-Trump effort; and this year Ciaramella worked closely with HPSCI Chairman Adam Schiff’s staff to continue his efforts.

(RCPI) […] Federal documents reveal that the 33-year-old Ciaramella, a registered Democrat held over from the Obama White House, previously worked with former Vice President Joe Biden and former CIA Director John Brennan, a vocal critic of Trump who helped initiate the Russia “collusion” investigation of the Trump campaign during the 2016 election.
Further, Ciaramella (pronounced char-a-MEL-ah) left his National Security Council posting in the White House’s West Wing in mid-2017 amid concerns about negative leaks to the media. He has since returned to CIA headquarters in Langley, Virginia.

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Lee Smith has a new book about “The Plot Against The President” that is selling like hot-cakes.  Today he appeared with Maria Bartiromo to discuss how the ongoing impeachment effort is actually just another step on the removal continuum.

Following an extensive 160-page filing by Flynn’s attorney Sidney Powell; including extensive exhibits to support her motion to compel Brady material; Judge Sullivan has now delayed the previously scheduled November 7th hearing on the motion(s).

Generally this delay is good news as it provides the Judge more time to review the rather extensive list of exhibits presented by the defense.
Hopefully, the pending inspector general report on the DOJ/FBI FISA abuse issues will be released prior to the next hearing.   There is a possibility that IG report will contain background material on FBI and DOJ misconduct that will be supportive of the defense case highlighting how Flynn was set-up.
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Earlier today Bill Barr gave an interview to Fox News on the sidelines of a law enforcement event in Chicago.  The U.S. Attorney General discussed the ongoing investigation by U.S. Attorney John Durham, and gave high praise to FBI Director Christopher Wray for his “outstanding support” therein.   [Link to Fox Interview]  Excerpt Video:

(Via Fox) […] The attorney general said that while he’s assisting in connecting Durham with countries that could have valuable information, Durham is running the show.

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An article today about Carter Page suing the DOJ in an effort to review the inspector general report on the FISA manipulation prior to publication provides an opportunity to review the insignificance of Carter Page.   First the Carter Page perspective:

(Via Epoch Times) The former Trump-campaign associate who was wiretapped by the FBI, sued the Department of Justice on Oct. 21, demanding that the government provide him with an opportunity to review, before it is made public, the forthcoming inspector general’s report on potential surveillance abuses in his case. (read more)

What Carter Page apparently doesn’t recognize is his insignificance in the overall DOJ and FBI purpose behind the FISA that carries his name. Page was never exploited by the FISA Title-1 warrant -as granted by the FISA court- for the same reason Page was never investigated by the FBI or Mueller team, he was irrelevant.
Carter Page was a means to an end; the end goal was to get the Steele Dossier into the FBI as an official investigative work product. Perhaps a little review of the three-year research detail will help us better prepare for the IG report.
The “Steele Dossier” was important to the FBI because the content within it is the material they needed to present as justification for an ongoing investigation… that ultimately was handed to Andrew Weissmann and Robert Mueller; and the investigation of the material therein was later authorized by Rod Rosenstein in his August 2017 expanded scope memo.
The dossier is what’s important. Carter Page never was.
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Former Assistant U.S. Attorney Andrew McCarthy weighs in on the latest developments within the Michael Flynn case.   As McCarthy points out, if Judge Sullivan doesn’t accept the defense position of gross misconduct by the prosecution; and if Sullivan does not dismiss the case; Flynn could end up on a worse position than the prior plea agreement.
Additionally McCarthy discusses the potential risks present for John Brennan, James Clapper and James Comey; and then goes in to his perspective on the impeachment inquiry.

After filing an explosive response motion to compel Brady material, outlining a conspiracy to frame her client, defense attorney Sidney Powell appears on Fox Business with Lou Dobbs to discuss the stunning material within her presentation to the court.

There’s a clear set of battle lines now evident amid the ongoing political and legal dynamic:  Nadler, Pelosi, Lawfare and the Deep State media -VS- Durham, Barr, Trump and the MAGA movement.
Playing directly into this dynamic today Obama appointed Judge Beryl Howell has ruled (full pdf below) an impeachment by unilateral decree is constitutionally valid; and as an outcome House Judiciary Committee Jerry Nadler can have access to some of the Mueller grand jury material that was used as evidence in the “Mueller-Weissmann Report”.

It’s important to note Judge Howell granted access to only that grand jury material that was used in the Mueller Report, not a blanket authority to gain all witness testimony or grand jury material writ large.  However, having said that, the most troubling part of the decision is the background construct of the Weissmann team’s original objective.
From the outset; from the moment they started; from day number one; Weissmann, Lawfare and crew (Mueller was a special counsel figurehead only) always intended for the grand jury material to be handed to Chairman Jerry Nadler for the specific purposes of writing articles of impeachment.   This is absolutely critical to remember.
The originating goal was to use the special counsel investigation to assemble evidence of obstruction. Then to frame the assembly of all evidence toward the future goal of writing articles of impeachment.  This was the sole purpose of their coordination with Lawfare.
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Ms. Maria Butina, a young Russian idealist who was caught up in the 2016 election frenzy and the vast Russian conspiracies, had strong connections to high powered Russian oligarchs.
Today she was released from federal prison and immediately deported back to Russia.

WASHINGTON (Reuters) – Convicted Russian agent Maria Butina was released from a Florida prison on Friday after serving most of her 18-month sentence for conspiring to influence U.S. conservative activists and infiltrate a powerful gun rights group, and taken into custody by immigration officials to be deported to her native country. (read more)

Ms. Butina pleaded guilty in December 2018 to one count of conspiring to act as a foreign agent and agreed to cooperate with prosecutors.  However, the under-reported backstory to the 31-year-old Russian is actually connected to the 2016 election and FBI efforts to weaponize Ms. Butina as a FISA-enabling virus.
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