Sidney Powell on Tucker: Brady Evidence - 20th Analysis - 21 September 2019
1) Let's turn our attention to the legal battle the great @SidneyPowell1 is fighting in her endeavor to have the court dismiss the case. As she consistently tells us, Judge Sullivan was the hero of her book - it is a must read - and is the man who overturned Ted Steven's case.
2) I have no inside information, but I am able to suss out the logic of the battle itself. That's what we'll be working on today. That the case should be dismissed appears, to me, to be beyond question. I am of course NOT an impartial analyst in this, so I have to check my bias.
3) Sidney's case is built, as I understand it, upon what are called Brady violations which I'd imagine everyone has heard a great deal about, of late. In a word, though, they're defined as the prosecution withholding exculpatory evidence. There is a problem here, though.
4) It was the Supreme Court that established, in the Brady v. Maryland case, that prosecution’s purpose is NOT conviction but rather justice. It owes society its every effort to clear its targets by providing all relevant evidence impeaching its own charge against the defendant.
5) On Tucker's show last night, @SidneyPowell1 stated, however, that the Brady mandate is shown far more by its breach than by its application. We have to linger on the failure of the Supreme Court with this law, again from a logical perspective.
6) The ultimate problem with the Brady law is that it asks the fox not to eat the chickens, while leasing him space in the chicken coop in which to live. It asks the leopard to change his spots, and the tiger to change his stripes. Prosecutors are NOT defenders.
7) Have you ever heard of the term "peer reviewed" from science? Anyone can publish a paper on any topic. But, in the scientific community, the phrase "peer reviewed" borders on sacred. Why so? Your paper was reviewed, yes, by peers, but by skeptical peers.
8) It is NOT the job of the peers to support the findings or the method involved in procuring them. It is there job to tear every aspect apart and to show even the smallest, most minute mistake. Or, to discover that the findings support the best interest of the funding source.
9) Something that most people don't know is that scientific method as built up in Europe was inspired by the ancient practice of law, and the court system. It is an adversarial system where Prosecution and Defense battle in front of Judge and Jury. It gets us to the truth.
10) Well, not THE TRUTH. Rather, it gets as close to the truth as mere mortals can come. In law, it gets as close to the truth of guilty or not guilty as possible. In science, it gets us as close to the truth of how the world works as possible. It's a best effort kind of thing.
11) I don't want to put words in @SidneyPowell1's mouth, and don't have her exact quote, but I believe she's stated that the Prosecution should have the burden of providing ALL of its evidence to the court and allow the Judge to determine what is exculpatory.
12) Sadly, that's NOT what the Supreme Court laid out in its decision in Brady. Their decision leaves the fox, actually, in position of Lord of the Chicken Coup. Another metaphor, it still allows the Prosecution to stand over the barrel shooting the fish with a shot gun.
13) And here's the ultimate problem with @GenFlynn's case. It's at a deeper level than Sidney can address. The Prosecution is, itself, an illegal operation. It was started by crimes, has committed crime after crime itself, and should by any standard be disbarred from its mission.
14) What we have is a sham. It is a false act of law, in place of the proper execution of the law. I don't really fault Judge Sullivan, as he is a Judge. He is handed a case to adjudicate. It's what he does. Yet, the truth is that the case should never have seen the light of day.
15) Sadly, I have to assess, that Sidney's case is - as it must be - reliant on the lesser evil while the greater evil - the elephant in the room - must remain NOT mentioned. Did the Prosecution withhold exculpatory evidence and prosecute their case fraudulently? But of course.
16) But the problem is, what would you expect an illegal prosecution to do? The entire case is an act of illegality foisting itself off under the honor and color of law itself, with its gravity and force for good, used for evil and dark purposes, colored by politics.
17) Thankfully, I can't say Sidney's challenge is bound for doom. I fear it may be, but I happily do NOT know that. Judge Sullivan may realize all that I'm saying here, and he may join her in her honest attempt to win justice in spite of all the illegality abounding.
18) Sadly, however, there are three great hurdles to overcome on that path. The first is the Kelner team's guidance to Gen Flynn to plead out, cut the deal, and trust the Prosecution to lead to least possible bad outcome. The second is far more difficult.
19) Still under Kelner's atrocious - and possibly compromised - guidance, Gen Flynn defended his own admission of guilt under repeated questioning by Judge Sullivan, in court and before the world. Yes Sir, I'm guilty Sir, and I know what I did wrong.
20) I analyzed this at the time and gave Judge Sullivan slack for his horrible response. But as time has passed, I am no longer able to do that. His attack against Flynn, based on emotional speculation, all the way to the point of the term "traitor," is indefensible.
21) My current stern judgement is he should have been defrocked for that betrayal of his post. So very sadly, I now view him as part of the illegal system portraying itself under the honor of law, falsely.
22) It is a common plea I express. I so utterly wish to be wrong. I take no joy from the attack against an illegal prosecution and a possibly compromised judge. I hand my head in sorrow and sadness. No, not in despair, I don't do that. But close to it, I do indeed.
23) In my soul I weep for America. She is based upon an ideal of Justice that no other nation in all of history has aspired to. Yes, we got much from our colonial parent, Great Britain. But I put forward our Constitutional Republic as the greatest leader in history.
24) In this evil, illegal prosecution of @GenFlynn, we see just how far we've fallen, how much we've lowered the bar of justice, converting it to injustice under the false flag of Lady Justice Herself. The shame we face here is heartbreaking to my soul. Shame on us.
25) So, the second hurdle is the defense of his guilty plea that Kelner led Flynn to express in front of Judge Sullivan. A man's defense of his own guilt is a very hard thing to overcome. In his own words, again and again, his guilt was defended. That's tough.
26) Which brings us to the third hurdle. Sidney has opted, as her strategy to NOT withdraw the guilty plea, but rather to fight to get the case dismissed. Oh, how I hope she wins. Sadly, so sadly, I just don't see how the strategy will work. It depends on the Judge.
27) Now, there is good news. The Judge has, for a second time, demanded that the Prosecution provide all exculpatory evidence. And, he is on record stating, clearly, that Brady material absolutely DOES precede, in significance, the guilty plea. That is our current thread of hope.
28) We must address the question of security clearance. @SidneyPowell1 has requested, and any true Justice system would instantly honor her request, to receive clearance to go over ever secured document connected to the case in any way.
29) If the government fails to provide Sidney with her security clearance, we can know just how false the entire case against Gen Flynn is from that single perspective alone. Why isn't she already cleared, now? This is yet another form of illegal advantage to the Prosecution.
30) That's enough for today. Let's pick up on the third great hurdle tomorrow. In the meantime, please, I do ask, join me in the following refrain. It is, if not the only right outcome, the very best by far.
#PardonFlynnNow by a