RUSH: All right. So the big, big news here is that the U.S. Court of Appeals has granted Michael Flynn’s motion to force Judge Sullivan to dismiss the case. Now, as a matter of law this is the only way this could have turned out. But, see, there’s a problem. “As a matter of law” is up to debate recently in this country. This case should not even have gotten as far as this. It’s absurd. The Department of Justice, the executive branch, decided they had no evidence, they didn’t want to charge Flynn — that he had been set up.
And now we’ve got actual notes from Strzok Smirk that he was set up. There was never a case. It was always part of the coup to get rid of Donald Trump. And so the Department of Justice under the Attorney General William Barr said, “You know what? We’ve ruined this guy for no reason. We’re gonna drop the charges.” Well, the judge in the case, Emmet Sullivan, said, no way. You don’t get to tell me what happens in this court.
But they do. They are the prosecutors. And if they decide they’re not gonna prosecute, Judge Sullivan is SOL. There’s nothing he can do. But he didn’t stop. So this thing ends up, he goes and gets an amicus judge to file a friend of the court brief and it’s an anti-Flynn, anti-Trump guy. And it goes all the way up to the U.S. appeals court, and they have now ruled, they have granted Flynn’s motion to force Sullivan to dismiss the case.
However, ladies and gentlemen, Flynn will soon be cleared of all charges, and the spotlight will be back on Obama. But wait. There’s gonna be a lot of pressure on Sullivan to ignore this ruling. There’s gonna be a lot of pressure on Sullivan to play this out as long as they can, past November. Michael Flynn for some reason scares the heck out of these people. The reason he had to be gotten rid of, Trump names him his national security adviser, and they had to find a way to get rid of Flynn because Flynn was well aware of everything they were doing, the coup.
And as national security adviser, he would be privy to everything Comey, Strzok Smirk, McCabe, Page, you name it, everything they were doing. And he would have been able to blow the whistle on this long before they even got to hiring Mueller. So he had to go. They either had to find a way to get him fired, which they succeeded in doing. Then they had to find a way to get him convicted, and they had to destroy him. And they’re panicking right now — do not doubt me on this — because of what Flynn already knows. And he’s well aware of what happened to him. He’s well aware that he was bankrupted, that they threatened to go after his son. That’s why he pled guilty in the first place.
So here’s three things that Judge Sullivan can do. Judge Sullivan could follow the court’s order and grant the motion to dismiss the Flynn case. I don’t think that’s what he’s gonna do simply because I think there’s too much riding on Flynn, in their mind. We’re talking about the establishment here. We’re talking about the elites, the political class in Washington, the deep state, whatever term you use. I think they’re still scared to death of what they think Flynn knows and what they fear Flynn might do with what he knows.
So Sullivan, like anybody else, like any other defendant — the judge is a freaking defendant, Mr. Snerdley, in a case that he won’t let go. He could demand a full en banc ruling from the whole court. This is a three-judge panel. He could demand every judge hear the case. This is an option. So you get 21, 22, whatever number of judges, he could demand that they all hear it. He could pretend the ruling wasn’t made. He could just ignore this and just keep trucking along and use the media as a shield to cover the fact that this happened today and just ignore it.
I mean, this is a very high-profile case. And if I had to guess, since they can’t let this go — and I really wish I knew exactly why. I mean, I’ve got a ballpark idea as I’ve shared with you. It’s just the general, overall concern of what Flynn knows and how he could use it. (interruption) Who ripped Sullivan a new one? Oh, it did, it ripped him a new one, but that doesn’t — I know it ripped him a new one. I have a portion of it here in just a second.
But I wouldn’t be surprised if he demands the full en banc review by the full D.C. Circuit Court of Appeals. It would be a long shot. Let me read to you from the ruling. U.S. appeals court has granted Flynn’s motion to force Judge Sullivan to dismiss the case. “Because this is not the unusual case where a more searching inquiry is justified, and because there is no adequate remedy for the intrusion on ‘the Executive’s long-settled primacy over charging decisions –‘” This is the court saying there’s no dispute here. There’s no remedy “for the intrusion on ‘the Executive’s long-settled primacy over charging decisions.’”
The DOJ decides who they’re gonna prosecute and who they’re not. Judges don’t. Separation of powers. So they write. “We grant the petition for mandamus in part and order the district court to grant the government’s Rule 48(a) motion to dismiss the charges against Flynn.” Now, it’s a 2-1 ruling. It focused heavily on “the presumption of regularity” — that’s in quotes — that attaches to DOJ actions. It notes that the new evidence submitted by the DOJ which led to move to dismiss charges should be treated as good faith.
From the ruling: “Whatever the precise scope of Rule 48’s ‘leave of court’ requirement, this is plainly not the rare case where further judicial inquiry is warranted. To begin with, Flynn agrees with the government’s motion to dismiss, and there has been no allegation that the motion reflects prosecutorial harassment. Additionally, the government’s motion includes an extensive discussion of newly discovered evidence casting Flynn’s guilt into doubt. … Specifically, the government points to evidence that the FBI interview at which Flynn allegedly made false statements was ‘untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn.’”
Meaning, the interview was bogus, meaning it was tied to nothing. He’d done nothing. It was a total setup. And the appellate court is recognizing that that interview of Flynn in the White House was a total — you remember how this happened? Comey bragged about it. He sent Strzok Smirk and McCabe over there, or maybe wasn’t McCabe, somebody — the two of them over there to talk to Flynn, to actually do an interview of somebody they considered a perp. But they didn’t tell Flynn that’s what this was.
So they show up without an appointment, they didn’t call the White House Office of Counsel, they didn’t get permission, they just send these two agents over and Flynn thinks, “Hey, we’re all on the same team, these FBI guys want to ask me about some things regarding my job,” so he answers their questions.
And the questions they were asking him were perjury trap questions and any number of other chicanerous attempts to hornswoggle him. This was after internal discussions at the FBI, that we now know about, where they ask each other, “Well, what do we want, do we want to get him fired, do we want to get him prosecuted, what do we want to do here?”
And they decide, let’s do both. And Comey bragged they had a new administration, they don’t know the ropes, they don’t know how things happen, it’s Trump, he’s an idiot, these people don’t know Washington. Let’s send a couple agents up there, set the guy up. It’s exactly what they did. It’s what the court acknowledging happened. The judge should have known this. The judge should have known this whole thing was bogus. This should never have gotten this far.
So back to the ruling. And again, specifically the government points to evidence the FBI interview at which Flynn allegedly made false statements — by the way, Strzok Smirk said after the interview he didn’t think Flynn had lied. The FBI’s counterintelligence investigation into Mr. Flynn was unjustified because there was nothing to tether to.
“In light of this evidence,” says the court, “the government maintains it cannot ‘prove either the relevant false statements or their materiality beyond a reasonable doubt.’ Id. Insufficient evidence is a quintessential justification for dismissing charges.” And the DOJ came long and they told the judge, “We don’t have any evidence here. This whole thing is a botched interview from the get-go.” So it does excoriate Judge Sullivan in quite a few ways.
Now, yesterday the DOJ released previously unseen communications — a previously unseen communication that proves Flynn was set up. And I think one reason the appeal court ruled — and it may have prompted the ruling today, I don’t know. But this is big. The DOJ finally released previously unseen communication that proved Flynn was set up. It was a note, a handwritten note from Strzok Smirk. These were not released with the letter about them to the court, but now they have been.
These are notes that were scribbled by hand by Strzok Smirk on January 5th. That’s the day before the now famous meeting in the Oval Office with Obama and everybody. It’s the meeting that Susan Rice wrote a memo about on Inauguration Day to backtrack.
Here are the notes. And in this meeting is Biden and the president, Obama, is in these meetings. Basically, according to Strzok’s notes detailing the January 5th meeting, Biden, according to Strzok Smirk, Biden explicitly mentioned using the Logan Act to go after Flynn. What this means is that the Obama administration to the top was involved in this Flynn operation.
The FBI has asked, what do we do? Do we get him fired, do we get him prosecuted, what’s our objective? And they’re having this discussion the next day, the Oval Office. And Strzok Smirk records that Biden explicitly mentioned using the Logan Act to go after Flynn. Obama, according to Strzok Smirk, explicitly directed Comey and Sally Yates to investigate Flynn and to use the right people, quote, unquote, to go after him. That’s the upshot of the notes from Strzok Smirk that were released yesterday, which now document that this whole thing, was a setup and that Biden was in on it.
So what implications are there gonna be, if any, for Biden? So the bottom line here is that Flynn’s gonna be cleared of all charges, and the spotlight will be back on Obama here. And, folks, this is huge. You remember the grief that Attorney General Barr got into last week when he announced the resignation of the U.S. attorney for the Southern District of New York, the now famous SDNY?
I think as time has gone on people have been consumed with other things, the lockdown, the virus, the economy. This scandal represents the epitome, this is the absolute biggest political scandal of your lifetime and mine. It has outraged Attorney General Barr, believe me, as it should have. It should outrage everybody. It should do more than outrage everybody.
And the media here is, of course, ignoring this and still talking about Bubba Wallace and the fake noose and all this other stuff. But this is huge, folks. They have been caught here every which way from Sunday. It is dynamically huge. There literally was a coup to oust a duly elected president. So the question’s gonna be back to Obama, if anybody will ask it. Why surveil and set up Flynn in why bring phony charges on Flynn? Why spy on the Trump national security adviser?
What was so important that team Obama was caused to abuse power and break laws to spy on and disrupt the Trump campaign, the transition and the presidency? And it’s ongoing even today as we speak. They have not buried this operation. Their first step in this coup was getting Flynn convicted and out of the picture so that he could not be a participant in anything.
RUSH: Now, look, folks, it’s not an insignificant thing that it was Joe Biden in that January 5th meeting in the Obama Oval Office who suggested using the Logan Act to go after Flynn. This is this law from the 1800s that has never been used on anybody because it’s always been thought to be weak and not even constitutional. And it’s never been used. But the fact it was Biden who suggested it, that puts him front and center along with Obama right here in the top tier of the people running this coup operation. This is not an insignificant thing.
There’s one other thing that needs to be mentioned here, and that is Flynn’s attorney, Sidney Powell. Now, you remember she wrote a book that was just astounding about the Department of Justice and the corruption there, particularly as it related to the Enron task force, the DOJ lawyers on the Enron task force, the people that they falsely charged, falsely accused, ended up putting in jail. They destroyed an accounting firm. They literally destroyed an accounting firm, Arthur Andersen.
Arthur Andersen had done nothing. They were literally destroyed. Andrew Weissmann was the leader of this task force and he happens to be the number one investigator in the Mueller investigative team, hired by MSNBC as an analyst, and she just was tenacious in explaining the levels of corruption at the DOJ that people would never believe.
The Ted Stevens case, she highlights it in detail how he was literally railroaded simply to get his Senate seat. It describes how the leading witness in this case, a contractor claimed that Ted Stevens tried to get out of paying the contractor $115,000. They made it up. The contractor’s testimony was made up. He was told to recite, which is a legal term, you recite what the prosecutor tells you. It was not actual evidence. It was made up, and it worked.
And then when this case was enlightened and when people found out what happened they took it to the judge who happened to be Emmet Sullivan. Emmet Sullivan threw the case out, exonerated Stevens. Stevens was long gone, chastised these reporters for prosecutorial misconduct. By the way, this has made this current Flynn case with Judge Sullivan even the more curious because it was Judge Sullivan who found out all of the corruption and all of the lying and all the prosecutorial misconduct that had occurred in the Ted Stevens case by these same lawyers and during the Enron case by these same lawyers.
It means that Judge Sullivan should have been among the first to be suspicious of the Flynn charges in the whole case rather than going to the mattresses and staking his career on Flynn going to jail and charges being pressed. It’s one of the most amazing things. It has to be because the fear the Washington establishment has of Michael Flynn. I still don’t know the scope of it. We’re only free to ask.
But the point is none of this would have happened without Sidney Powell. She ended up taking Flynn’s case when she knew he had no money. There’s a GoFundMe page, and we’ve highlighted it at RushLimbaugh.com. He was literally wiped out. He was literally ruined. He’s a decorated military service hero served as the director of the Defense Intelligence Agency, which is the military’s version of the CIA, had their own intel group. Of course there’s some incompatibility there.
Sidney Powell’s book, Amazon wouldn’t even sell it when it was first published. Eventually they did make it available. But I’m telling you it was a brilliant, brilliant piece of lawyering. And it’s rooted in, in the case of Sidney Powell, somebody who just refuses to be intimidated by anybody on the left, the judge, the lawyers, the government, she refused to be intimidated, and in fact she became the intimidator.
She became the person they were all afraid of. She is the reason that Michael Flynn is not going to face charges. So you might say, “Well, who were his original attorneys?” Hey, they were great examples of Washington inside the Beltway white-shoe firm. They were the creme de la creme, they were the best you could get. They were the most expensive you could get. And what did they do? They told Flynn the best he could do was plead guilty and stop the bleeding. And he say, “Well, wait a minute, now, how is that adequately representing the client?”
Well, lawyers are like anybody else, they have a future. They want to get paid now, and they want to have clients in the future. And they don’t want to tick off anybody in the deep state or the establishment or whatever. I mean, they’re in it. So they played the game. They went along with it. “The easiest thing for you to do, Mr. Client, is simply take the deal.” They apparently didn’t lift a finger to actually push back or work for Flynn.
I can’t imagine the frustration Flynn felt as they’re sending him their bills and the billable hours keep piling up and eventually they say, “Look, you can’t pay us any more ’cause you don’t have any money so you may as well settle. This is the best we’re gonna be able to get.” Well, it wasn’t anywhere near the best. But this is an object lesson in pushing back, being fearless, and not accepting that the establishment cannot be dealt with, that they cannot be defeated.
This is a tour de force that Sidney Powell has pulled off here. And the key to it is, despite every effort they engaged in to intimidate — by the way, she’s been in their crosshairs since that book of hers came out. I’m having a mental block on the title or I would have told you what the title is. I’ll get it here in the break, just mental block. But it really is an exemplary piece of work, tenaciousness, commitment, knowing that she had right and the law on her side.
Licensed to Lie. Perfect title, Licensed to Lie. I couldn’t put it down. It reads like a fiction novel except that it isn’t. Boggled my mind. I interviewed her for the newsletter after I had finished the book. She was astounded that it made no waves. And I said to her, “You know, this is common. I’ve talked to people who have written what they think are explosive exposes and bombshell books and they’re reacted to with barely a ripple in the public.”
But she was really — because she names names. She calls people out. Flynn’s original attorney was the Covington firm. That’s Eric Holder’s firm in Washington. You know, Flynn went for establishment types. It’s what he thought was his best decision. So, anyway, there’s so much to learn in this Flynn case of not quitting, not giving up, pushing back, that they are not invincible on the other side, that they are beatable.
RUSH: Okay. Let’s go back to the phones. It’s been awhile. I appreciate your patience. We got Tom here in central New York. Welcome, sir.
CALLER: Good afternoon, Rush. It’s great to talk to you. I’ve been an avid listener since about 1990 when I was down in Tampa, Florida. By the way, you sound fantastic. It’s just… I love to hear you. When you come on your show, you’re just on the top of your game. Our thoughts and prayers are with you.
RUSH: Thank you, sir, very much.
CALLER: Thank you. You know, this Judge Sullivan situation (big sigh), I just can’t help… I feel and I think so many of your listeners were just so frustrated that we see this, I think, corrupt judge that probably has a history of engaging in things like this. But nobody’s holding him accountable. Who does he answer to? You know, quickly, not two years from now.
RUSH: He answers to the Circuit Court of Appeals in this case.
CALLER: Okay, and (big sigh) it’s just a perverted game that’s being played by federal agencies in plain sight. It’s like a game of tennis that goes back and forth and back and forth, and I’m just so worried that, you know, God forbid if something happened this fall where Trump didn’t get reelected, I foresee that they’ll do anything in their power to try to retry this General Flynn and send him, ultimately, to prison. It’s just so perverted, and I think everybody’s so frustrated —
RUSH: Well, let me alleviate your fears a little bit. If that happens — if Trump is not reelected — then I think they’re gonna be focusing all of their energies and attentions on putting Trump in jail. They may go after Flynn and so forth. But, look, that’s gonna be the least of our concerns if what you suggest happens. Thanks for the call, Tom, and I really appreciate your comments.