Stunning and outrageous doesn’t even begin to scratch the surface of this move by DC Judge Emett Sullivan in the Flynn case.

Judge Sullivan is requesting retired judge John Gleeson to file an amicus brief outlining why: (a) the charge against Flynn should not be dropped; and (b) frame the argument about how to prosecute Flynn for perjury.

Former Judge John Gleeson (U.S. district judge for the Eastern District of New York) recently penned an op-ed in the Washington post arguing that Flynn should continue to be prosecuted.

May 11, 2020 – […]  There has been nothing regular about the department’s effort to dismiss the Flynn case. The record reeks of improper political influence. Hours after the career prosecutor abruptly withdrew, the department moved to dismiss the indictment in a filing signed only by an interim U.S. attorney, a former aide to Attorney General William P. Barr whom Barr had installed in the position months before.

First things first: ♦Understand Obama’s Surveillance Operation HERE.  ♦Michael Flynn wasn’t under a FISA (Title-1) HERE …. that’s the background.

Devin Nunes appears with Lou Dobbs to discuss the recent list of Obama-era officials who unmasked NSA intercepts of Michael Flynn talking to foreign government officials.  Rep. Nunes reminds the audience that Flynn is only one person within a much larger group of Trump transition team members who were under surveillance by Team Obama.

March 27, 2017, then House Intelligence Committee Chairman, Devin Nunes, held a brief press conference and stated he was provided intelligence reports brought to him by unnamed sources including ‘significant information’ about President-Elect Trump and his transition team.

These reports included unmaskings of President Trump campaign officials; and included Donald Trump himself…. You know what that means:

1.) …”On numerous occasions the [Obama] intelligence community incidentally collected information about U.S. citizens involved in the Trump transition.”

2.) “Details about U.S. persons associated with the incoming administration; details with little or no apparent foreign intelligence value were widely disseminated in intelligence community reporting.”

3.) “Third, I have confirmed that additional names of Trump transition members were unmasked.”

4.) “Fourth and finally, I want to be clear; none of this surveillance was related to Russia, or the investigation of Russian activities, or of the Trump team.

“The House Intelligence Committee will thoroughly investigate surveillance and its subsequent dissemination, to determine a few things here that I want to read off:”

• “Who was aware of it?”
• “Why it was not disclosed to congress?”
• “Who requested and authorized the additional unmasking?”
• “Whether anyone directed the intelligence community to focus on Trump associates?”
• “And whether any laws, regulations or procedures were violated?”

“I have asked the Directors of the FBI, NSA and CIA to expeditiously comply with my March 15th letter -that you all received a couple of weeks ago- and to provide a full account of these surveillance activities.”

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A few points on the unmasking before Rand Paul response.  First, the release today is only what the Obama team did regarding unmasking General Flynn.  As Devin Nunes previously outlined, there are many more Trump transition team members who were unmasked as the Obama team conducted surveillance on the incoming administration.

Second, the NSA “reports” are related to actual transcripts, emails and text messages of communication; not just various intelligence interpretations of those communications.

As Senator Rand Paul shares, the effort of the Obama and Biden administration to unmask their political opposition during the transition; and then use widespread distribution and leaks to the media to push a specific one-sided view; is the weaponization of the intelligence apparatus to target political opposition.  That’s the major issue:

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Again, a reminder, these reports surround only NSA intercepts. Simultaneous to this there was an ongoing FBI counterintelligence operation using FISA surveillance (Carter Page) and non-fisa targeted FBI surveillance of Michael Flynn.

For the sake of understanding this specific release, “unmasking” occurs when the NSA, eavesdropping on foreign communications, sweeps up communications with U.S. citizen. That is known as “incidental collection.”

When the intelligence about that communication is shared across the government, the names of U.S. citizens in the communication are typically concealed or masked to protect their identities. However, the names can be unmasked if U.S. officials make the request.

In this release [pdf here], the Obama-era NSA was monitoring various foreign government officials and within their communication they picked up contacts with incoming President-elect Trump’s National Security Advisor Lt. General Michael Flynn.  This release only includes NSA intercepts; not other intelligence agency reports; only the NSA.

The NSA generated [redacted number] of reports based on those foreign contacts. The reports are actual transcripts of the conversations.  The Obama-era officials then asked the NSA to unmask the name of General Flynn so they could see the content and context of the calls.  Current DNI Ric Grenell has assembled a list of who asked the NSA to unmask incoming NSA Michael Flynn from November 8, 2016 through January 31, 2017.

It is important to remember, these intercepts are part of the normal function of monitoring foreign communications.  There is nothing nefarious about the monitoring and there is nothing nefarious about a foreign person contacting the incoming administration, via General Flynn, to begin preparing for the change in administrations.

However, what is completely alarming and disturbing, is the extent to which the Obama administration went to share the contacts and transcripts of the calls with a myriad of government officials.  That’s where the list comes in.

The Obama administration officials obviously wanted to know and disseminate the communication of incoming National Security Advisor Michael Flynn.

UN Ambassador Samantha Power made 6 requests to the NSA.  DNI James Clapper made 3 requests… and so it goes.

Most of the unmasking happens before the now infamous Michael Flynn phone call with Russian Ambassador Sergey Kislyak on December 29, 2016.  Some unmasking requests were before and after that call.

Again, these are intercepted communications from the NSA monitoring of foreign government officials.  There’s nothing surprising about the capture itself.  Nor is it surprising they would be contacting General Flynn.  The issue is the distribution and leaking…  These NSA “reports” are actually the transcripts of the phone calls.

Note above there are numerous requests in/around mid December.  This is when the “muh Russia” conspiracy narrative was being pushed hardest.  If you reference the Peter Strzok  & Lisa Page text messages at the same timeframe you’ll note they talk about “sister” or sister agencies leaking.

Sister agencies is the CIA specifically but also includes DoD (defense) and DoS (State); all connected to the counterintelligence and foreign intelligence services.

Here’s the CURRENT DNI release:

Below is an important video to help understand the dynamic and the issues.

Note carefully that ADM Mike Rogers is purposefully reminding Senator Graham the FBI actually generates more unmasking due to their surveillance, investigations, and counterintelligence operations.  If you are planning to stay up-to-date please watch this and it will help you not to get lost later.

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We already know Flynn was a target for the counterintelligence operations of the FBI.  The unmasking of Flynn within all of that surveillance and subsequent report assembly is another tranche of intelligence that could be declassified. This part is where John Durham and Bill Barr are presumably focused.

The NSA release today only touches one part of a much bigger intelligence network… the transcripts of calls between Flynn and foreign government officials at certain dates; and the Obama administration wanting to use that information to push a Trump-Russia collusion narrative in the transition period.

There will be more to come… This NSA release is only one tranche.

Fox News analyst Andrew McCarthy discusses the order by Judge Sullivan allowing amicus briefs from third-parties prior to issuing a ruling in the Flynn case. As McCarthy notes Sullivan is allowing an anti-Trump therapy session within his legal proceedings.

Senator Grassley sends a letter (pdf here) thanking AG Bill Barr and DNI Richard Grenell for the declassified documents produced so far.  With the DOJ deciding to drop the Flynn prosecution Grassley notes there are three more buckets of classified documents he would like to see declassified and presented soon:

(1) The Flynn/Kislyak transcript. (2) The Susan Rice Memo to file. (3) The original and mysteriously missing Flynn 302 authored by FBI agent Joe Pientka. [Grassley Press]

Within the letter Senator Grassley notes he previously requested the release of these documents from former DAG Rod Rosenstein; who refused to submit them and made excuses to congressional oversight.

[Grassley Website Here]

With Ric Grenell in position, these types of letters are very likely to produce results.

Additionally, Senator Grassley appeared on Fox Business for an interview with Liz MacDonald.  Interestingly Ms. MacDonald went into a deep dive on the 2016 FISA Court ruling by Judge Rosemary Collyer today…. and, even more interestingly, MacDonald connected the FBI searches of the NSA database to the recent activities of the DNI.

Here she is interviewing Senator Grassley about his letter and other interesting developments… listen carefully at 02:20:

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In response to Judge Emmet Sullivan announcing a delay in Flynn ruling to allow third party amicus briefs to be filed with the court, Michael Flynn’s defense counsel files a motion in opposition. [Cloud pdf Here]  Embed pdf below

In opposition to the delay Attorney Sidney Powell notes Judge Sullivan’s earlier ruling of December 20, 2017, disallowing amicus briefs in this case.

It sure does make a person wonder what changed between December 2017 when Judge Sullivan said no amicus briefs would be allowed, to May 2020 when Judge Sullivan is requesting amicus briefs to be entertained?….

♦Understand Obama’s Surveillance Operation HERE.

♦Michael Flynn wasn’t unmasked, nor under a FISA (Title-1) HERE

…Curiouser and Curiouser.

Here’s the full briefing in opposition to the intended direction of the court:

There has been a shift; it’s subtle, it’s nuanced, but it’s there.  Against the revelations that Ric Grenell has declassified multiple component parts of weaponized intelligence used against candidate, President-elect and President Trump; and with the unmasking data as only one part of that larger component grouping; DOJ Spokesperson Kerri Kupec says: “what happened to candidate Trump was one of the greatest political injustices in history.”

While AG Bill Barr doesn’t need to sign-off on the specific wording by the DOJ spox, the overarching public statement would never be articulated without institutional approval.  The AG cannot make public comments that are too strong, but authorizing the spokesperson to articulate the position is one way to accomplish the same.  WATCH:

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Insufferably Martha MacCallum ‘pretends not to know’ the distinction in intelligence equity; she asks the same question repeatedly.  The answer is clear.  DNI Ric Grenell has presented one component group of intelligence data, the identity of the unmaskers and who they unmasked, to the DOJ.  The DNI retains ownership and can release.

As Ms. Kupec outlines, the ‘unmasking’ data-set is being reviewed as part of John Durham’s larger investigative inquiry.   Depending on other material similarly obtained, the unmasking information could be evidence to enhance that investigation.  Regardless of what Durham does with the material, DNI Grenell is the control authority over the intelligence and can declassify and release the information at any time.

The ‘unmasking’ material is only one part of the document trail that can highlight the activity by Obama administration officials and the former Intelligence Community heads.  There are multiple streams of intelligence which generate document trails.

CIA analysis and reports which may include 702; FBI analysis, reports and investigative documents which may include 702; DOJ-NSD analysis and investigative documents and the larger use of the NSA database… all generate user audit-logs, audit trails and search results.  All of these are individual component parts which Grenell appears to be assembling.

Each of the intelligence components fill-in the larger picture and show what was being done over a period of time.  The most recent media reports reflect Grenell focusing on the timeframe from just after the election to inauguration day (Nov 8, 2016 to Jan 20 2017).

The DNI can release the names of the unmaskers and the scale of the unmasking requests without identifying the individual who was unmasked.  That’s the type of information likely to be shared by Grenell; however, the timing will likely be positioned to enhance another aspect not yet revealed.

My suspicion is the triggering mechanism for the release will be delivery of FISC ordered sequestration material, in all of the cases touched by four fraudulent surveillance warrants used against Carter Page, which brushed up against other targeted campaign officials.

That will overlap into the Mueller probe.  Why?  Simple…. If Mueller didn’t use the Carter Page FISA as a surveillance tool the June 29 renewal would never have taken place.  Remember Mueller appointed May 17, 2017, and the FISA renewed June 29, 2017.  If Mueller’s team didn’t plan to use it, it wouldn’t have been renewed.

Acting DNI Richard “Ric” Grenell is the key… he is in the process of strip mining the intelligence apparatus.  In his DNI position, within the intelligence apparatus, Grenell is above the CIA director, FBI Director, Secretary of State and Secretary of Defense for all intelligence assemblies.

The DNI is the hub.  The DNI can cross intelligence compartments and reach into the individual agencies to retrieve intelligence for declassification review.  The DNI assembles the Presidential Daily Briefing; and the DNI leads all declassification efforts.

Now the purpose of the leaked conference call, aka instructions, from former President Barack Obama come into play.  In a very unusual move today Michael Flynn’s judge, Emmet Sullivan, enters an order granting outside parties the time to enter amicus briefs (friend of the court) to assist in guiding the court; a briefing schedule to follow.

…”Given the posture of the case the court anticipates individuals and organizations will seek leave to file amicus briefs” …

It looks like the judge wants to give former DOJ employees (2,000 signatures on letter) an opportunity to publicly undermine and undercut the position of the DOJ in moving to dismiss the charges.  Infuriating, remarkable and transparently political.

Judge Sullivan even cited famously political Judge Amy Berman Jackson, a subtle hat/tip to President Obama’s recent May 8th instructions.  Sullivan’s order can put to rest any contemplation of him holding corrupt prosecutor Brandon Van Grack to account; and only further delays removing the sword of damocles from atop Lt. General Michael Flynn.

The transparent purpose of allowing public comment, specifically from the Lawfare resistance group, is to undermine the DOJ and further create a political narrative around AG Bill Barr.   However, on the positive side this might stir Barr to release even more damaging information to counter the political efforts of Judge Sullivan.  Quite remarkable.

Everything around that places is hopelessly corrupt and political…