ROUND TABLE MEMBER & FORMER U.S. ATTORNEY, JUDGE (RET.) GEORGE PROCTOR SPEAKS OUT AGAINST BARR’S FLYNN DECISION IN THE SF CHRON!

Honorable George Proctor
Honorable George Proctor
U.S. Immigration Judge (Ret.j)
Member, Round Table of Former Immigration Judges

San Francisco Chronicle published my Letter to the Editor this AM:

“Regarding the Chronicle’s  Editorial on DOJ (May 11), I was in the Department of Justice under five presidents, and Bill Barr when he first served as attorney general.  For the second time, I joined some two thousand fellow alumni of the Department in seeking Bill Barr’s resignation.  We share shock and sadness over the Department under Bill Barr.  As a United States Attorney, initially appointed by President Carter, I served President Reagan’s attorney general, William

French Smith, as his chairman of the advisory committee of US Attorneys.  In today’s partisan climate, my role of advising an attorney general of the Republican Party as a Democrat would never happen.  Each chapter of Barr’s tenure is more shoddy than the last.  My hat is off to those career Justice attorneys who declined to lend their names to the motion to dismiss charges against General Flynn.”

George Proctor

San Francisco

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My friend and colleague George is a true American hero and one of the most dedicated public servants I have known. We actually go back to my days as the Deputy General Counsel of the “Legacy” INS during the Carter and Reagan Administrations.  George is also a Veteran of the U.S. Marine Corps. I remember that George and I were in the same “New Judge Training Class” at the National Judicial College in Reno after Ashcroft “exiled” me from the BIA in 2003!

George is a prime example of the nonpartisan career lawyers and civil servants being “ground into the dust” by the shenanigans of the politicized, unethical, and biased DOJ under Sessions and Barr.

Thanks for speaking out, George!

Due Process Forever!

PWS

05-14-20

BREAKING: 🇺🇸Many of my “Round Table” 🛡⚔️ colleagues & I joined more than 1,900 @TheJusticeDept alumni who signed this statement condemning 👎🏻 Barr’s continuing unethical conduct and urging further Congressional investigation. I’m proud to stand with my colleagues against the politicization 🏴‍☠️ of the DOJ and for the rule of law!

https://medium.com/@dojalumni/doj-alumni-statement-on-flynn-case-7c38a9a945b9

DOJ Alumni Statement on Flynn Case

DOJ Alumni Statement
May 11 · 4 min read

We, the undersigned, are alumni of the United States Department of Justice (DOJ) who have collectively served both Republican and Democratic administrations. Each of us proudly took an oath to defend the Constitution and pursue the evenhanded administration of justice free from partisan consideration.

Many of us have spoken out previously to condemn President Trump’s and Attorney General Barr’s political interference in the Department’s law enforcement decisions, as we did when Attorney General Barr overruled the sentencing recommendation of career prosecutors to seek favorable treatment for President Trump’s close associate, Roger Stone. The Attorney General’s intervention in the Stone case to seek political favor for a personal ally of the President flouted the core principle that politics must never enter into the Department’s law enforcement decisions and undermined its mission to ensure equal justice under the law. As we said then, “Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.”

Now, Attorney General Barr has once again assaulted the rule of law, this time in the case of President Trump’s former national security adviser Michael Flynn. In December 2017, Flynn pleaded guilty to lying to the FBI about his communications with the Russian ambassador to the United States. Subsequent events strongly suggest political interference in Flynn’s prosecution. Despite previously acknowledging that he “had to fire General Flynn because he lied to the Vice President and the FBI,” President Trump has repeatedly and publicly complained that Flynn has been mistreated and subjected to a “witch hunt.” The President has also said that Flynn was “essentially exonerated” and that he was “strongly considering a [f]ull [p]ardon.” The Department has now moved to dismiss the charges against Flynn, in a filing signed by a single political appointee and no career prosecutors. The Department’s purported justification for doing so does not hold up to scrutiny, given the ample evidence that the investigation was well-founded and — more importantly — the fact that Flynn admitted under oath and in open court that he told material lies to the FBI in violation of longstanding federal law.

Make no mistake: The Department’s action is extraordinarily rare, if not unprecedented. If any of us, or anyone reading this statement who is not a friend of the President, were to lie to federal investigators in the course of a properly predicated counterintelligence investigation, and admit we did so under oath, we would be prosecuted for it.

We thus unequivocally support the decision of the career prosecutor who withdrew from the Flynn case, just as we supported the prosecutors who withdrew from the Stone case. They are upholding the oath that we all took, and we call on their colleagues to continue to follow their example. President Trump accused the career investigators and prosecutors involved in the Flynn case of “treason” and threatened that they should pay “a big price.” It is incumbent upon the other branches of government to protect from retaliation these public servants and any others who are targeted for seeking to uphold their oaths of office and pursue justice.

It is now up to the district court to consider the government’s motion to dismiss the Flynn indictment. We urge Judge Sullivan to closely examine the Department’s stated rationale for dismissing the charges — including holding an evidentiary hearing with witnesses — and to deny the motion and proceed with sentencing if appropriate. While it is rare for a court to deny the Department’s request to dismiss an indictment, if ever there were a case where the public interest counseled the court to take a long, hard look at the government’s explanation and the evidence, it is this one. Attorney General Barr’s repeated actions to use the Department as a tool to further President Trump’s personal and political interests have undermined any claim to the deference that courts usually apply to the Department’s decisions about whether or not to prosecute a case.

Finally, in our previous statement, we called on Attorney General Barr to resign, although we recognized then that there was little chance that he would do so. We continue to believe that it would be best for the integrity of the Justice Department and for our democracy for Attorney General Barr to step aside. In the meantime, we call on Congress to hold the Attorney General accountable. In the midst of the greatest public health crisis our nation has faced in over a century, we would all prefer it if Congress could focus on the health and prosperity of Americans, not threats to the health of our democracy. Yet Attorney General Barr has left Congress with no choice. Attorney General Barr was previously set to give testimony before the House Judiciary Committee on March 31, but the hearing was postponed due to the COVID-19 pandemic. We urge the Committee to reschedule Attorney General Barr’s testimony as soon as safely possible and demand that he answer for his abuses of power. We also call upon Congress to formally censure Attorney General Barr for his repeated assaults on the rule of law in doing the President’s personal bidding rather than acting in the public interest. Our democracy depends on a Department of Justice that acts as an independent arbiter of equal justice, not as an arm of the president’s political apparatus.

(If you are a former DOJ employee and would like to add your name to this statement, please complete this form. Protect Democracy will update this list daily with new signatories until May 25th.)

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In the area of immigration and particularly the Immigration Courts, this kind of unethical demeaning of our Constitution and intentionally politicizing and undermining our system of justice has been going on at the DOJ since “Day 1” of the Trump Administration under both Sessions and Barr.

It now inevitably reaches and threatens all parts of the U.S. justice system, just as many of us on the Round Table of Former Immigration Judges have been predicting!

Knightess
Knightess of the Round Table

Fellow DOJ Alums who would like to sign on to this letter can do so May 25 at the link above.

Due Process Forever. Billy Barr, Never!

PWS

05-11-20

 

CAN’T RELY ON THAT MAINSTREAM MEDIA: ABC BASICALLY RETRACTS “BOMBSHELL” EARLIER REPORT LINKING FLYNN WITH CANDIDATE TRUMP — Disingenuously Refers To It As A “Correction”

http://money.cnn.com/2017/12/01/media/abc-news-flynn-correction/index.html

CNN reports on ABC’s misreporting and sleight of hand:

“ABC News on Friday evening corrected an explosive special report that aired in the morning saying that Donald Trump, as a candidate for president, had asked Michael Flynn to make contact with Russians.
During “World News Tonight,” ABC News investigative reporter Brian Ross said the source who had provided the initial information for his story later told him that it was as president-elect, not as a candidate, that Trump asked Flynn to contact the Russians.
The initial report, based on one anonymous source, prompted a dramatic reaction in the financial markets, and the Dow fell more than 350 points.
Stocks largely recovered later in the day.

. . . .

CNN had reached out to ABC News in the early afternoon to ask why Ross’ initial reporting was not included in the network’s online story about Flynn pleading guilty to lying to the FBI.
Several hours later, a spokesperson for the network told CNN that Ross would be issuing a “clarification” on “World News Tonight,” which airs at 6:30 p.m. ET.
“[A] clarification tonight on something one of Flynn’s confidants told us and we reported earlier today,” Ross said on the program. “He said the president had asked Flynn to contact Russia during the campaign. He’s now clarifying that saying, according to Flynn, candidate Trump asked him during the campaign to find ways to repair relations with Russia and other world hot spots. And then after the election, the president-elect asked him to contact Russia on issues including working together to fight ISIS.”
A tweet published by ABC News containing Ross’ initial report had been retweeted more than 25,000 times and embedded in various news stories online before it was deleted. ABC posted a “clarification” on Twitter around 8 p.m.

. . . .

An ABC spokesperson said the network learned its initial reporting was incorrect at about 6 p.m. The network spokesperson declined to say if any disciplinary action would occur.
ABC’s decision to call its correction a “clarification” prompted immediate criticism.
“If we want to regain trust in the media, we need to admit our mistakes, especially when as consequential as this. Retract. Correct. Don’t use weasel words to describe it,” Jonathan Swan of Axios tweeted.

Greta Van Susteren blasted ABC for trying to “sugar coat” its mistake by characterizing it as a “clarification.”
This is not the first high-profile mistake by Ross. In a 2012 piece for which he apologized, he suggested that the Aurora shooter may have had a connection to the Tea Party.”

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I blogged this story earlier today:

https://wp.me/p8eeJm-1Lm

 

My apologies for accepting the ABC/Slate reporting. Guess I’ll have to take ABC News off my list of reliable sources!

PWS

12-01-17

 

BREAKING: FLYNN TO COP PLEA TO MAKING FALSE STATEMENT TO FBI! — FORMER “NATIONAL SECURITY” ADVISOR GOES DOWN!

https://www.huffingtonpost.com/entry/michael-flynn-charged-russia_us_5a2163f8e4b03c44072d042c

Ryan J. Reilly reports for HuffPost:

WASHINGTON ― President Donald Trump’s former national security adviser has been charged with lying to the FBI about his contacts with the Russian government, an extraordinary development in special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.
Michael Flynn is scheduled to appear in federal court in D.C. at 10:30 a.m., where he’s expected to plead guilty to one count of making a false statement to FBI agents.

. . . .

In a criminal information filing from Mueller’s team, the government alleges that Flynn “willfully and knowingly made materially false, fictitious, and fraudulent statements” in an interview with FBI agents on Jan. 24. It alleges he falsely told the FBI that he did not ask the Russian ambassador to refrain from retaliating to sanctions the Obama administration imposed on Russia in late December. Flynn also allegedly lied about asking the Russian ambassador on Dec. 22 to delay or defeat a pending United Nations Security Council resolution.
Citing sources familiar with the investigation, NBC News reported in early November that Mueller’s team had enough evidence to charge Flynn, as well as his son, Michael G. Flynn, who worked closely with him during Trump’s campaign and transition.
The report sparked speculation that investigators were trying to flip Flynn, a top target of the multiple probes into whether Trump’s campaign colluded with Russia last year, and could reach an agreement for him to become a cooperating witness.
The New York Times reported later that month that Flynn’s lawyer, Robert Kelner, was no longer sharing information with Trump’s legal team, further raising the possibility that Flynn may be cooperating with Mueller’s probe. Kelner later met with the investigators, according to ABC News.
Flynn’s indictment follows Mueller’s team charging Trump’s former campaign chairman Paul Manafort and his former aide Rick Gates with 12 counts, including allegations of conspiracy against the U.S. and money laundering. Manafort and Gates pleaded not guilty to the charges and are scheduled to face a federal trial in May.
In October, the investigators also reached a plea agreement with former Trump campaign adviser George Papadopoulos, who lied to the FBI about being offered “dirt” on Hillary Clinton during the 2016 election. Papadopoulos also reportedly suggested a meeting between then-candidate Trump and Russian President Vladimir Putin last year.
But those indictments involved only Trump campaign officials. Flynn is the first former administration official to be charged, making it more difficult for the White House to distance the president from Mueller’s probe.
After Trump fired then-FBI Director James Comey amid his investigation into the campaign, Comey testified that Trump had requested that he end the FBI’s investigation into Flynn.
Flynn, who stepped down as Trump’s national security adviser in February after lying to administration officials about the extent of his communications with Russian officials, had long faced scrutiny from the multiple investigations into Trump’s campaign.
Of particular interest was Flynn’s history of suspicious business dealings and financial ties to Russia, as well as his concealing that he worked as a foreign lobbyist for the Turkish government while advising Trump’s campaign.
In the fall of 2016, a businessman with close ties to Turkey’s autocratic President Recep Tayyip Erdogan paid Flynn more than $500,000 to conduct research aimed at discrediting the exiled cleric Fethullah Gülen. Flynn failed to disclose the work until March, after he had already stepped down as national security adviser.
Mueller’s team has reportedly investigated Flynn’s lobbying firm and its dealings with Turkey.
Flynn also hid multiple contacts with Russia during Trump’s transition, including discussing sanctions with then-Russian ambassador Sergey Kislyak.
He also attended a meeting with Kislyak to discuss creating a backchannel with Putin. Also in attendance was Trump’s adviser and son-in-law Jared Kushner, who is now a senior White House adviser and also reportedly a subject of Mueller’s probe.
White House officials have repeatedly denied any collusion between Trump’s team and Russia, often by downplaying suspected officials’ involvement in the campaign or the administration. In March, then-press secretary Sean Spicer diminished Flynn as just “a volunteer.”

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What kind of Administration hires a criminal to be so-called “National Security Advisor?” An Administration that poses a “clear and present danger” to the national security of our country! And, it’s not that Gen. Flynn wasn’t a well-established slimy character even before embarking on his criminal enterprise!

Will “Jerry the K” be next? Stay tuned! No wonder Gonzo has “lawyered up!”

PWS

12-01-17

POLITICS — STONEWALL: Flynn Takes The 5th!

https://www.washingtonpost.com/powerpost/flynn-takes-the-5th-and-declines-to-comply-with-senate-intelligence-committee-subpoena/2017/05/22/e4fa0524-3f15-11e7-8c25-44d09ff5a4a8_story.html?hpid=hp_hp-top-table-main_flynn-pp-210pmx%3Ahomepage%2Fstory&utm_term=.365d5fbc2d14

The Washington Post reports:

“Retired Lt. Gen Michael Flynn, the former national security adviser under President Trump, refused to comply with a Senate Intelligence Committee subpoena as a top House Democrat disclosed portions of new documents suggesting Flynn lied about his Russia ties to federal investigators.

Members of the Senate Intelligence Committee must now meet to vote and decide whether to hold Flynn in contempt or accept his attempt to invoke his Fifth Amendment right against self-incrimination.

The committee has demanded that Flynn provide it with a list of any contacts he had with Russian officials between June 16, 2015, and Jan. 20, 2017.

In a statement late Monday, the committee chairman and vice chairman, Sens. Richard Burr (R-N.C.) and Mark R. Warner (D-Va.), said they were “disappointed” by Flynn’s decision and would “vigorously pursue General Flynn’s testimony and his production of any and all pertinent materials pursuant to the Committee’s authorities.”

Flynn’s refusal comes as Rep. Elijah E. Cummings (D-Md.), the top Democrat on the House Oversight Committee, cited a previously undisclosed document alleging that Flynn had “lied” to security-clearance investigators about payments he received “directly” from Russia for appearing at a December 2015 gala hosted by Russian state-owned media company RT.”

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This baby isn’t going away any time soon!

PWS

05-23-17

Betsy Woodruff In “The Daily Beast” — Mueller Likely To Question Trump!

http://www.thedailybeast.com/articles/2017/05/17/the-very-intense-man-probing-the-president

Betsy writes:

“Robert Mueller, the newly named special counsel investigating potential collusion between the Trump campaign and Russian officials, may find himself in the extraordinary position of questioning President Donald Trump.
There is precedent for this. John Danforth, the only other person to be named a special counsel under the same statute as Mueller, told The Daily Beast on Wednesday that he conducted a phone interview with Bill Clinton as part of his investigation into the Waco siege. He said it was the only contact he had with anyone in the White House during the investigation, and he did it “in the name of thoroughness.”
Mueller may need to be similarly thorough.

“That’s investigative procedure 101,” said Julian Sanchez, an expert in national security law for the libertarian Cato Institute. “Unless it’s a secret investigation, if you’re conducting an investigation, you interview its subject.”
“He would need to interview anyone who’s a subject of the investigation,” Sanchez added. “That’s Trump, and, at minimum, personnel associated with the campaign.”
“I can’t imagine he would not be interviewed,” said Mark Zaid, a national security lawyer.
Mueller has been charged to investigate “any matters that arose or may arise directly from the investigation” that the FBI has been conducting into alleged collusion between Trump’s campaign and Russian government officials. That would likely include the allegations from James Comey, who reportedly wrote in a memo that Trump asked him to curtail part of that investigation before firing him.
Like Comey, Mueller knows a thing or two about memos.

Mueller, who became FBI director a week before 9/11, was a colleague of James Comey during the Bush administration. And one of the most consequential moments in that relationship involves note-taking––a skill Comey has clearly adopted.
As Comey revealed in Congressional testimony in 2007, he and Mueller clashed with top Bush White House officials in March 2004 over an effort to reauthorize NSA surveillance. Comey was Deputy Attorney General at the time––second in command at the Justice Department. Alberto Gonzales, then the White House counsel, and Andy Card, then Bush’s chief of staff, tried to get then-Attorney General John Ashcroft to sign off on the continuation of a warrantless wiretapping program when he was gravely ill in the hospital.
When Comey learned what Gonzales and Card were trying to do, he let Mueller know and then raced to the hospital. He got to the attorney general’s hospital bed while Gonzales and Card were there, and managed to keep him from signing anything. Mueller got to the hospital room after the drama unfolded.
And, like any good FBI hand, Mueller took notes.
In 2007, when Alberto Gonzales was attorney general, he testified before Congress that Ashcroft was lucid and talkative on the night of the hospital visit. Comey later gave testimony countering what Gonzales said, saying Ashcroft was clearly sick and distressed. And Mueller’s notes became a pivotal piece of evidence to clear up the disparity, as the Washington Post reported at the time. He turned over a heavily redacted version of those notes to the House Judiciary Committee, showing Gonzales had misinformed the committee.

The news of Mueller’s notes broke on Aug. 17, 2007. Ten days later, Gonzales announced he would resign.”

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Can’t imagine that Trump is too happy about the Mueller appointment. But, he has nobody but himself to blame (something he never does, preferring to cast blame on others).

PWS

05-17-17