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Logan Act Used as Pretext to Investigate Flynn (READ: Court Docs)

Posted by FactReal on December 18, 2018

12/4/2018: FLYNN’S SENTENCING MEMO CITED THE ‘LOGAN ACT’…BUT IT DOES NOT APPLY TO THE PRESIDENTIAL TRANSITION TEAM

Summary:
* Under this dormant 218-year old statute no one has ever been convicted.
* It prohibits private citizens from interfering in diplomatic disputes with foreign governments
* But it does not apply to members of presidential transition teams.
* Lawyers, judges, and constitutional scholars regard the law as unconstitutional.
* Every president-elect has his transition members engage with foreign governments to prepare for the challenges that lay ahead.
* Yet Democrats seized on the Logan Act at the end of the Obama administration as a pretext to investigate the Trump team, and to interview Flynn on Jan. 24, 2017.

[Also see: Nothing Wrong with Flynn Talking to Russia during Transition]

READ THE COURT DOCUMENT: (Mueller’s Sentencing Memo for Flynn)
Name: GOVERNMENT’S MEMORANDUM IN AID OF SENTENCING
Case 1:17-cr-00232-EGS Document 46 Filed 12/04/18
PDF: Justice Department | Scribd | Google

REPORT: Prosecutors recommend no jail for Trump’s ex-national security adviser Michael Flynn
Via CBS: (12/4/2018)

Special counsel Robert Mueller filed a sentencing memo Tuesday night [12/4/2018] suggesting that Michael Flynn has given the government “substantial assistance,” and it recommends that Flynn serve no time for making a false statement to the FBI. The sentencing guidelines for Flynn’s offense suggest zero to six months of incarceration. […]

Flynn met with the special counsel 19 times as part of his agreement to cooperate with the government in its investigation into Russian meddling in the 2016 presidential election. According to the filing, Flynn has been cooperating in “several ongoing investigations.”

ANALYSIS: Logan Act used as pretext to investigate Trump team:
From Kimberley A. Strassel‘s article, ‘Mueller’s Gift to Obama’: (12/6/2018)

The Flynn sentencing document, meanwhile, contained yet another outrageous gift to Obama alumni. In laying out the “serious” nature of Mr. Flynn’s crimes, the document asserts that one of the questions about the Flynn-Kislyak discussion was whether “the defendant’s actions violated the Logan Act,” a 1799 statute that criminalizes negotiation by unauthorized persons with foreign governments that are in dispute with the U.S.

Only two defendants have ever been charged under the Logan Act, the more recent one in 1852, and neither was convicted. It is normal for members of a presidential transition team to talk to their foreign counterparts, and on all manner of subjects. Yet Democrats seized on the Logan Act in the waning days of the Obama administration as a pretext to investigate the Trump team, and to intervene in the Flynn case. It was on Logan Act grounds that then-Deputy Attorney General Sally Yates dispatched FBI agents to interview Mr. Flynn on Jan. 24, 2017—the interview now central to Mr. Mueller’s charge that he lied to investigators.

It’s hard to overstate how unserious the Logan Act claim is. If Mr. Mueller has no case to make that Mr. Flynn violated the Logan Act, he has no business bringing it up. The only conceivable reason to throw it in was to give cover to the Obama officials who used it as their excuse to target Mr. Flynn in the first place, which they then used to help justify the appointment of a special counsel.

ANALYSIS: Logan Act doesn’t apply to presidential transition members like Flynn:
From Gregg Jarrett ‘s article headlined, ‘Mueller strikes out trying to nail Trump – Flynn sentencing memo is a big nothing’: (12/5/2018)

[T]he Logan Act, which prohibits private citizens from interfering in diplomatic disputes with foreign governments… Lawyers, judges, and constitutional scholars regard the law as unconstitutional.

Nevertheless, this long dormant law does not apply to members of presidential transition teams who are acting not as private citizens, but as incoming government representatives of the person about to assume the presidency. They would therefore be constitutionally authorized to conduct foreign affairs. Every president-elect has his transition members engage with foreign governments to prepare for the challenges that lay ahead.

Not even Mueller would be foolish enough to bring a case under the Logan Act, especially since Flynn did not interfere in a diplomatic dispute under the meaning of the act. To the contrary, Flynn sought ways to de-escalate tensions over U.S. sanctions President Obama imposed on Russia by asking the Russian government to limit its response “in a reciprocal manner.”

By doing this, Flynn was acting for the benefit of the U.S. government and in a manner not inconsistent with the Obama administration’s wishes and policy.

ANALYSIS: Israel Claim Does Not Fall under Logan Act:
Gregg Jarrett: also clarified: (12/5/2018)

Flynn’s other contact with Russia, also referenced in the court documents, dealt with a United Nations Security Council resolution condemning Israeli settlements on the West Bank. However, this, too, would not fall under the Logan Act, since the U.S. took no position on the U.N. resolution. By abstaining, it neither supported the resolution nor opposed it.

And since the U.N. measure imposed no sanctions, it was nothing more than an idle diplomatic statement. Flynn, or anyone else in the incoming Trump administration, can hardly be accused of interfering.

RELATED
Nothing Wrong with Flynn Talking to Russia during Transition
Flynn Targeted for Destruction? He Opposed Obama Policies
Crimes Against Flynn Ignored by Mueller
Comey: “I Sent FBI to Flynn, Broke Protocol and Got Away with It” (Video)

Posted in Law, Left, Obama, Trump | Tagged: , , , , , , , | Leave a Comment »

Nothing Wrong with Flynn Talking to Russia during Transition (READ: Court Docs)

Posted by FactReal on December 17, 2018

FLASHBACK: ON 12/1/2017 MICHAEL FLYNN PLED GUILTY TO LYING….BUT WHY?
There was nothing wrong with Flynn talking to foreign ambassadors during transition or discussing sanctions on Russia or vote in the U.N. regarding Israel.

READ THE COURT DOCUMENT:
Name: INFORMATION as to MICHAEL T. FLYNN, COUNT ONE
Case 1:17-cr-00232-RC Document 1 Filed 11/30/17
PDF: Justice Department | Scribd | Archive.org

REPORT: Michael Flynn pleads guilty to false-statements charge in Russia probe (12/1/2017)
Via Fox News:

Flynn entered the plea at a federal court in Washington, D.C., shortly after Mueller’s office released a one-count charging document. The false-statements charge pertains to Flynn’s interactions with the Russian ambassador in late December — specifically discussions about sanctions and other matters he apparently claimed never happened.

Flynn was accused of “willfully and knowingly” making the false statements to the FBI while serving in the Trump administration.

According to the charging document, those false statements were that:

  • “On or about Dec 29, 2016, FLYNN did not ask the Government of Russia’s Ambassador to the United States … to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia that same day; and FLYNN did not recall the Russian Ambassador subsequently telling him that Russia had chosen to moderate its response to those sanctions as a result of his request.”
  • “On or about December 22, 2016, FLYNN did not ask the Russian Ambassador to delay the vote on or defeat a pending United Nations Security Council resolution; and that the Russian Ambassador subsequently never described to FLYNN Russia’s response to his request.”

The latter statement appears to refer to the body’s vote a day later to condemn Israeli settlements in the West Bank.

In a striking rupture with past practice, the Obama administration refrained from vetoing the condemnation, opting instead to abstain. The rest of the 15-nation council, including Russia, voted unanimously against Israel. At the time, Israel was lobbying furiously against the resolution and President-elect Trump’s team spoke up on behalf of the Jewish state.

ANALYSIS:
Nothing Wrong with Flynn talking to Foreign Ambassadors during Transition or Discussing Sanctions on Russia

Byron York explained: (12/4/2018)

[T]he sketchy beginnings of the Flynn investigation. It started with the Obama administration’s unhappiness that Flynn, during the transition as the incoming national security adviser, had phone conversations with Russia’s then-ambassador to the U.S., Sergey Kislyak. Because Kislyak was under American surveillance, U.S. intelligence and law enforcement agencies had recordings and transcripts of the calls, in which Flynn and Kislyak discussed the sanctions Obama had just imposed on Russia in retaliation for its 2016 election interference.

There was nothing wrong with an incoming national security adviser talking to a foreign ambassador during a transition. There was nothing wrong with discussing the sanctions. But some officials in the Obama Justice Department decided that Flynn might have violated the Logan Act, a 218 year-old law under which no one has ever been prosecuted, that prohibits private citizens from acting on behalf of the United States in disputes with foreign governments.

ANALYSIS:
Flynn Conversation with Russian Ambassador about Israel Vote also Legal:

Conservative Review’s Jordan Schachtel wrote: (12/5/2018)

On December 1, 2017, Gen. Flynn pled guilty to making false statements to the FBI about his conversations with Kislyak, even as reports surfaced that FBI agents who interviewed him did not believe he lied to them.

In the charge sheet, special counsel Robert Mueller’s team of Democrat prosecutors tried to sully Flynn’s reputation by exposing two supposed misdeeds.

In the first charge, Flynn was accused of misleading the FBI about a conversation he had with Russian Ambassador Sergey Kislyak on Dec. 22, 2016 (as the incoming national security adviser), about an upcoming anti-Israel United Nations Security Council resolution. Flynn was accused of asking Russia to help delay or defeat the measure, which the Obama administration let pass as it abstained from the vote.

At Conservative Review, I argued that Flynn not only did nothing wrong here, but that by standing with our greatest Middle East ally, he actually acted in America’s interests.

Next, investigators accused Flynn of wrongdoing when he discussed sanctions policy the next week (on December 29) with the Russian ambassador. The mere fact that a very senior incoming administration official was open to discussing Russia sanctions policy (which he had every right to do) was enough for Obama officials and pundits to label Flynn as a man who committed treason against his country.

RELATED
Flynn Targeted for Destruction? He Opposed Obama Policies
Crimes Against Flynn Ignored by Mueller
Comey: “I Sent FBI to Flynn, Broke Protocol and Got Away with It” (Video)

Posted in Law, Trump | Tagged: , , , , , , , | Leave a Comment »

Flynn Targeted for Destruction? He Opposed Obama Policies

Posted by FactReal on December 17, 2018

In charging Gen. Michael Flynn, Mueller Turned a Policy Dispute into Criminal Activity (12/5/2018)
Via Conservative Review’s Jordan Schachtel:

So why was Flynn targeted for destruction? […]

He was first targeted for destruction at the end of the Obama administration, when as DIA [Defense Intelligence Agency] director, he appeared to publicly disagree with Obama’s policies about radical Islamic actors, resulting in his reported forced retirement from the military.

It appeared that the worst was over, but then Gen. Flynn entered the political arena, choosing to throw his support behind the man hated most by the legacy media: Donald J. Trump.

Obama Officials Waged Secret Campaign to Oust Flynn…planted series of stories to discredit Flynn, bolster Iran deal (2/14/2017)
Via The Washington Free Beacon:

The abrupt resignation … of White House national security adviser Michael Flynn is the culmination of a secret, months-long campaign by former Obama administration confidantes to handicap President Donald Trump’s national security apparatus and preserve the nuclear deal with Iran, according to multiple sources in and out of the White House who described to the Washington Free Beacon a behind-the-scenes effort by these officials to plant a series of damaging stories about Flynn in the national media. […]

Flynn had been preparing to publicize many of the details about the nuclear deal that had been intentionally hidden by the Obama administration as part of its effort to garner support for the deal, these sources said. […]

Eli Lake, a Bloomberg View columnist and veteran national security reporter well sourced in the White House, told the Free Beacon that Flynn earned a reputation in the Obama administration as one of its top detractors. […]

“[Flynn] was a withering critic of Obama’s biggest foreign policy initiative, the Iran deal,” Lake said. “He also publicly accused the administration of keeping classified documents found in the Osama bin Laden raid that showed Iran’s close relationship with al Qaeda. He was a thorn in their side.”

RELATED
Crimes Against Flynn Ignored by Mueller
Comey: “I Sent FBI to Flynn, Broke Protocol and Got Away with It” (Video)

Posted in Law, Left, Obama, Trump | Tagged: , , , , , | Leave a Comment »

Crimes Against Flynn Ignored by Mueller

Posted by FactReal on December 17, 2018

SELECTIVE JUSTICE
Crimes against Flynn Ignored by Mueller:
* They leaked Flynn’s classified phone conversations
* They revealed Flynn’s identity

Why has Mueller ignored Obama administration crimes? (12/9/2018)
By Victoria Toensing from the law firm diGenova & Toensing:

The matter of Gen. Michael Flynn began with criminal conduct. But it was not committed by Flynn. The crimes were leaking the contents of classified telephone conversations between Flynn and Russian Ambassador Sergey Kislyak and revealing the identity of Flynn as a party to the conversations.

The sorry saga began with a January 12, 2017 column about the Flynn/Kislyak conversations by The Washington Post’s David Ignatius, who described his source as a “senior U.S. government official,” i.e., an Obama administration functionary. Whoever told Ignatius the fact of and substance of the eavesdropped conversations committed a felony by leaking classified information.

The second crime is publicly revealing a U.S. citizen’s identity as being a party to those conversations. When there is authorized intelligence collection of foreign officials, the identity of the U.S. person who is incidentally picked up during that collection is to be minimized (not disclosed), even within the U.S. government. […] Providing it [Flynn’s identity] to Ignatius was a crime.

[…]

Thus, before Flynn flunked remembering every word of a conversation he was asked to recall weeks later, an Obama administration official had egregiously broken the national security and privacy laws. But only Flynn has been charged with a crime.

In charging Gen. Michael Flynn, Mueller turned a policy dispute into criminal activity (12/5/2018)
By Jordan Schachtel:

So why was Flynn targeted for destruction?

The decorated general made plenty of political adversaries during his military service as Defense Intelligence Agency (DIA) chief in the Obama administration and as a member of the Trump campaign and administration. This has resulted in a ruthless campaign targeting his reputation and his livelihood for destruction. The story is not so much about Flynn’s alleged abuses of power, but instead about the abuses of power committed by the individuals and groups going after Flynn.

Mueller’s Gift to Obama
Shouldn’t the special counsel investigate the crimes that drew Flynn into his probe?
(12/6/2018)
By WSJ’s Kimberley A. Strassel

It’s hard to overstate how unserious the Logan Act claim is. If Mr. Mueller has no case to make that Mr. Flynn violated the Logan Act, he has no business bringing it up. The only conceivable reason to throw it in was to give cover to the Obama officials who used it as their excuse to target Mr. Flynn in the first place, which they then used to help justify the appointment of a special counsel.

RELATED
Comey: “I Sent FBI to Flynn, Broke Protocol and Got Away with It” (Video)

Posted in Law, Left, Obama, Trump | Tagged: , , , , , , | Leave a Comment »

“Trump Must Be Removed by Any Means,” Left Group to Caravan at Border

Posted by FactReal on December 1, 2018

The radical leftist group, BAMN, threatened Trump via Twitter: “Trump must go or be removed BY ANY MEANS NECESSARY”
[BAMN = By Any Means Necessary]

BAMN is trying to create chaos at the U.S. border by inciting people at the “caravan.” They have been tweeting with gusto their threats, diatribe and lefty demands in English and Spanish (see below) so everyone on both sides of the border can get their messages.

BAMN tweeted this bulletin on November 26, 2018: “Open it [the border] or we’ll shut it down! Everyone must be let in! Asylum for all – let the caravan in….Shut down immigrant concentration camps…Trump must go or be removed BY ANY MEANS NECESSARY.”

SCREENSHOTS:
BAMNthreatTrump(100

BAMNtweetNov26(80

BAMN’S TWEETS:

BAMN IS ALSO COMMUNICATING IN SPANISH SO EVERYBODY CAN GET THEIR MESSAGE AT THE BORDER:

BAMNdocThreatTrump(80)SpanishZoom

TIJUANA RESPONDS:
“The mayor of Tijuana responds to a bulletin that promises to close the border if migrant caravan not granted access to the line,” reports journalist Wendy Fry.

Tijuana mayor to Tijuanans, “This land is ours and we have to defend it.” [Video mark 1:33 below]

Will the U.S. respond?

RELATED
Groups behind the “Migrant Caravan” Invading the U.S.
Laws Broken by “Caravan” Organizers (Video)

Posted in Immigration, Left, Trump | Tagged: , , , , , | Leave a Comment »

Video: CNN Jim Acosta vs Reality of Alien Invasion (aka Migrant Caravan)

Posted by FactReal on November 28, 2018

CNN PUSHED FAKE NEWS
Great video juxtaposing Abilio James (“Jim”) Acosta’s lies (Nov. 7) versus the real actions of the so-called caravan migrants (Nov. 25) when they stormed the border and threw rocks at the U.S. border patrol agents:

Jim Acosta lectured President Trump about the migrant caravan saying:

– Not an invasion
– Hundreds of miles away
– Would not jump border wall

I overlaid actual footage from today of the migrant caravan storming the border to invade the US over Jim’s question.

CNN’s Jim Acosta was totally wrong about the migrant ‘invasion’
Via Washington Times:

In the infamous press conference with President Trump earlier this month (Remember? When Mr. Acosta stood up to make some declarations [there was hardly a “question” in sight] and then brusquely swiped away a White House intern’s hand when she went to take back the microphone?), Mr. Acosta said the president was all wrong about the migrant caravan that was then marching toward the U.S.-Mexican border. […]

In the Nov. 7 showdown, Mr. Trump called on Mr. Acosta, who stood and said: “I wanted to challenge you on one of the statements that you made in the tail end of the campaign in the midterms, […] that this caravan was an ‘invasion.’” […]

Mr. Acosta went on to spout nothing but opinion, using loaded words as he unloaded his bias.

“Do you think that you demonized immigrants in this election?” Mr. Acosta asked. “Not at all,” Mr. Trump said.

“But your campaign had an ad showing migrants climbing over walls and so on,” Mr. Acosta said. “They’re not going to be doing that … They’re hundreds of miles away … That’s not an invasion.”

Flash ahead less than three weeks and whamo! — an actual invasion as so-called “migrants” clashed with U.S. Border Patrol guards at the San Ysidro port, throwing rocks and, yes, trying to climb over fences and walls “and so on.”

Read entire article.

QUICK CHRONOLOGY
When Abilio “Jim” Acosta confronted Trump about using the word ‘invasion,’
the facts were telling us they were invaders, who were breaking laws and border fences (while carrying their nations’ flags), and were telling reporters they were not seeking asylum.

– Oct. 19, 2018: Invasion of Illegals Broke Fence at the Guatemala-Mexico Border (Vids, pics)
– Oct. 20, 2018: VIDEOS: Caravan Migrants Want Jobs (Not Asylum)
– Oct. 22, 2018: Invasion: “Viva, Honduras!” Yell Caravan Migrants When They Arrive Cities with Flags in Hand
– Nov. 6, 2018: Midterm elections.
– Nov. 7, 2018: Trump press conference after midterm elections (Video, transcript). (Here is when Acosta confronted Trump about the invasion. And where Acosta Placed his Hand on Female Intern (Video, Pics).)
– Nov. 14, 2018: Invasion: Illegal aliens at San Diego/Tijuana border climbed the border fence and taunted U.S. border patrol agents.
– Nov. 25, 2018: Alien invaders stormed border at San Diego/Tijuana.

NOTES TO PONDER
– Do you think these immigrants will respect our laws if they are allowed into the U.S.?
– Why didn’t they use that energy and ferocity to defend themselves in their country or to protest their governments?

RELATED
Eyeball-Tattooed Migrant in “Caravan” is also Violent [Video]

Posted in Immigration, Left, Media, Trump | Tagged: , , , , , | Leave a Comment »