#PardonOfInnocence - 21st Analysis - 22 September 2019

1) Yesterday, we laid out the three great hurdles @SidneyPowell1 faces in her valiant attempt to clear @GenFlynn from the attack of this illegal prosecution. We covered the first two adequately, leaving the third to be completed today.

2) To review, the first was the Kelner led decision to plead guilty and take a deal. The second, and hardest of all, was the Kelner led self-defense of that guilty plea in front of Judge Sullivan and the world. Today, we'll dive more deeply into the third.

3) The third is Sidney’s decision to hold onto the plea deal, while attempting to have the case dismissed. I believe I understand her logic. The plea deal was, she may be defending, a necessary act by a defrauded defendant. 

4) The rights of law stolen from him it was the only thing he could do. And she can’t undo that. It's a fantastically bold strategy. Don't withdraw the plea deal, simply attack the case itself, and the prosecution in all its illegality. It's a strategy that should work.

5) As stated, fantastically bold, the strategy must be understood to hang upon a very thin thread. It hangs on Judge Sullivan's honor. If it weren't for his 100% illegal and unprofessional actions last December, we'd have a thicker strand to count upon.

6) In case you don't recall, there was a hearing in December 2018, in which Flynn was supposed to be sentenced. Per the plea deal, the sentence was supposed to be light. However, if you read the plea deal, you'll rapidly discover that the Judge was not bound by it.

If you haven't read it, and if, like me, you're a staunch Gen Flynn supporter, you'll find the plea offer horrifying. Brace yourself, and read it:


8) If you've taken the time to read what Kelner led Gen Flynn to sign, you'll see the impossible mission that Sidney so honorably accepted. Right after right given up. All the way down to sentencing. Sadly, so sadly, I have to ask you to imagine they have Sullivan in their pocket.

9) They? Who is this they? It is first and foremost, the government prosecution. If their illegality is not attacked - and it hasn't been so far - then we have to accept that they had Sullivan from the get-go. If Sullivan dismisses their Brady violations, we'll know who he is.

10) My wonderful ally, @TamaraLeigh_llc, won't be able to post yesterday's analysis until tomorrow, but I'll give you the link here, so you can review Brady law analysis, in case you need to:


11) What is Sidney's hope? It is that by way of Brady violations - the withholding of exculpatory evidence in advance of accepting a plea deal - the entire case can be thrown out as it should be. And she has great history on her side in this hope. She may win, she really may.

12) Her history is that this same Judge Sullivan is the hero of her book, Licensed To Lie. She attacks the federal prosecutorial team for its complete malfeasance in her must read book, and Judge Sullivan is the hero who overturned Ted Steven's case. He exonerated him.

13) Friends, here's the thing. Not only did Ted Stevens rapidly die an unexplained death after his case was cleared. His clearing made no difference whatsoever to the power balance in the Senate. A supermajority was attained, and not redressed. Contemplate that.

14) Again, to review, in case you're not familiar with these facts. He was tried and convicted in 2008. Both Presidential candidates, Obama and McCain immediately called for his resignation. He lost his contest, and a Democrat won. That single victory turned the Senate Blue.

15) Too late, in 2009, after the Senate gained its 60-seat supermajority, Judge Sullivan cleared former Senator Stevens of all his charges and exonerated him. What I fear is failed to be realized, is that it was Judge Sullivan who failed to dismiss the case, originally.

16) I'll give you the link below. Here's the key quote: 

"U.S. District Judge in Washington, D.C. Emmet G. Sullivan, on October 2, 2008, denied the mistrial petition of Stevens's chief counsel, Brendan Sullivan, due to allegations of withholding evidence by prosecutors.

17) "Thus, the latter were admonished and would submit themselves for internal probe by the United States Department of Justice. Brady v. Maryland requires prosecutors to give a defendant any material exculpatory evidence.

18) "Judge Sullivan had earlier admonished the prosecution for sending home to Alaska a witness who might have helped the defense." 

Read it and weep, my friends. I'm sorry to report it. Here's the link: 


19) In following months, yes indeed, it was Judge Sullivan who exonerated Stevens, reversing the previous guilty decision just weeks before his death, but far too late to affect the 2008 victory with a supermajority over the Senate. Too little. Too late.

20) What does it cost the swamp to allow Stevens his exoneration, long after it won all it could possibly dream of? And remember, it was precisely that supermajority in the Senate that made Obamacare possible. One vote less in the Senate, no Obamacare. Do you follow that?

21) So, the cynical view is that Judge Sullivan allowed the guilty outcome, and destroyed Ted Stevens career and reputation, just in time for the Democrats to win a supermajority in the Senate, and then, no harm to the Democrats, exonerated Stevens just before his death.

22) Is the above cynical version of 2008 and 2009 correct? I don't know. Is it possibly correct? Absolutely. And that brings us back to Gen Flynn's case. It is this man, the one who presided over Ted Stevens' demise, upon whom the thin thread of justice relies, right now.

23) I am constantly told, no pardon is needed, Gen Flynn is innocent and will be cleared by a court, and that a court's clearance is far superior to a pardon. Also, we can wait, we need not fear the passage of time, there is a plan, and all will be well.

24) Sorry, friends, along with disbelief in unicorns, I am not the guy to sell such wonderful hope to. I'd love to buy it, and even I hope you're right and that my fears are wrong. But my job is to face the worst case scenario and deal with it.

25) It's my job to proffer the analysis that perhaps Judge Sullivan is not a good guy, but rather a bad guy in a good guy's clothing. Again, I say, I hope I'm wrong. But I simply don't see the data to show me that I am. What real good did Ted Stevens' exoneration do?

26) It certainly did NOT scare prosecutors into compliance with Brady stipulations, did it? Not for a minute. It certainly did NOT address the political outcome of the false prosecution. No redressement to the nation occurred, whatsoever.

27) It must be considered. What is the greatest turn TOWARD socialism in all of America's history? Perhaps it was the 16th Amendment in 1913. But a case can be made that it was Obamacare in 2010, 97 years later. And that was predicated on Sullivan's case convicting Stevens.

28) And that brings us back to this third great hurdle to Gen Flynn's exoneration. It rests in Sullivan's hands. Will he dismiss this case? If he does, he'll win his spot as a true patriot in the annals of American history. If he does not, he'll reveal his false reputation.

29) So, I say, why wait? Why leave American Justice hanging on so thin a thread? Why not step in and end all this? What's more, even in exonerating Flynn, how will the illegality of Mueller's basis be shown by that? Oh, they didn't prosecute properly, so sad, so sorry.

30) But a single error of prosecutorial discretion, merely overturned, will say not one thing about the illegality of the investigation itself. That is the ultimate injustice, and Gen Flynn is its ultimate target. We must linger there a bit further.

31) Gen Flynn is @realDonaldTrump's greatest ally and friend, and most powerful surrogate and fellow rallyer. He is the most well-informed security expert on earth. He is the sternest patriot we know. At Trump's side, the two are simply 100% unstoppable.

32) Let's imagine that Judge Sullivan is honest and will do the right thing and that Sidney's strategy succeeds 100%, and Flynn is exonerated by the court. Case dismissed; we win. Okay, what now? Will there be a full restoration of his reputation, honor, respect, power and reach?

33) Not one single chance. Precisely as Ted Steven's exoneration did absolutely nothing for him or America, so also, Gen Flynn's mere exoneration by a justice system that committed every crime in the book in charging him will mean nothing.

34) First, it will happen far, far too late for Gen Flynn to have any effect on the 2020 election. As with Ted Stevens, that is the other side's real motivation, precisely as it was in 2018. Had Gen Flynn been already exonerated back then, we might have done something meaningful.

35) Here's the way to understand it. Trump had his hands full with defending and advancing our position in the Senate. That was his most important task. Had we had Flynn back, we could have defended the House. I don't know we'd have held it, but we'd not have lost so much.

36) Do you see? Once again, history repeats itself. The single most important political player on the field - outside of Trump in this case - is taken out by a false case. Exoneration will do nothing to affect that. Not one damned thing. Nothing.

37) And realistically, unless we receive a #PardonOfInnocence, Flynn's reputation will remain clouded forever. No mere exoneration will ever restore him to his former power and position, his reputation and his reach. Not a chance.

38) The only exoneration that would also lead to a full restoration would be @POTUS execution of a #PardonOfInnocence. The pardon alone would not be enough. It would also require tasking. A Presidential mission of some sort is needed.

39) There's a more powerful way to express what is required. The term is a Public Friendship. Only @POTUS can restore the friendship fully, and the only way he can do that is by a new mission tasked, following - I say again - a #PardonOfInnocence. It is the only way.

40) Let's return again to Sidney's case. Should she win, and exonerate Flynn, I will rejoice and give her all the praise that all patriots will, too. Yet, I'll still be asking, where is Flynn's power? Where is his position and reach? Can he join Trump again, as he did before?

41) If not, we'll know that exoneration was a false hope. If it does not lead to 100% restoration it's just time passing, under the power of an illegal justice system passing itself off under the honor of the power of law which it betrays. Restoration is the key, not exoneration.

42) So, after all this analysis, what can you do? Should you agree - and you should! - then you need only do the following. Write a tweet, but conclude it in the following way: 

Pease, Mr. @POTUS... 

#PardonFlynnNow by a


43) And if you haven't completed your study of the logic, the full case, the real reason why ONLY a #PardonOfInnocence can possibly resolve this situation properly, then please check out the website that @TamaraLeigh_llc and @realTT2020 have built, here: 


44) In closing, both for today, and for a few days coming, I simply state again. We should not depend upon so thin a strand as the possibility of Judge Sullivan's honor. That Sidney must, I understand. We must not. So, if you have access to @POTUS, please consider joining me.

45) Unless we have new data, in coming days I'll only tweet a single tweet on the topic per day. It will simply state: 

Please, Mr. @POTUS... 

#PardonFlynnNow by a...


Please join me in this effort if you agree.

Pat Scopelliti