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Yesterday do you think the Attorney Sidney Powell did to make needed to do her case before that panel of judges yesterday . Look. It is a difficult case if your focus is simply on the politics of the matter. But if you are looking at the law on the facts in the case, i think she has the stronger side of the facts given that the executive branch is the one that should be determining whether a case goes forward or not. Systemic headline from the Washington Post this morning judges skeptical of shutting down a review of the flynn case. I wonder your reading of the judges reaction and their interaction with the lawyers yesterday . Anytime you are in front of one judge it is difficult as an attorney. But to beip in front of multiple judges at the Appellate Court level that is certainly a challenge. I have been there. You dont know which question is coming, sometimes ive had judges thatns i thought were absently against my position that gave me the hardest time in thehe courtroom. And i left very, very disappointed. We find out later that they actually agreed with me anyone in front of the court has to take a step back and watch and see what happens. They are incredibly thoughtfulnc judges on this panel. I expect he is one that does not put politics in front of his role im interested to see what will happen. Or trying to convert viewers a flavor of that yesterday. We streamed live over the internet and on cspan. We mentioned judge mayor this is the judge with the acting. [inaudible] tongue but the governments argument in that hearing. The government is already given their reasons for dismissing this case. The panel says the motion explain, explains the new shows misconduct. The prosecution can no longer played longer reasonable doubt. Right . Yo thats theub governments reasons, correct . Thats one of the three reasons. I will take all three of the reasons. You stated three reasons for it i assume you believe those are true, correct . Yes. What more is there to say . Let me put it another way. You have to say that much . I dont think that we did. We often dont but under the circumstances here we went further than we thought we were obligated to. And all jump by the way to drive that point home the attorney general of course sees this in the context of information from other investigations. I am not in any way questioning anything underlying. Im just asking this was the reason given and you gave this reason. Yes i want to make clear that it may be possible the attorney general have this information that he was not able to share with the courts. What we put in front of the court for the reasons why we could. I but may not be the whole picture available to the executive branch. One of the headlines coming out specifically that exchange , secret evidence seen as key for clan entrance flynn what you make of that exchange the possibility of that evidence until its brought out in public view. And you do not know what the government has in all the information that they have just take the evidence that it did have. By the two witnesses in this case you already have very damaging issues with your key witness in the case and not to mention the documents that were uncovered, the notes from the investigator. So anything that you have is in the public view is justified the department of justice being very concerned about pursuing the case. Now we almost wonder here we are in a world that seems to apply down. You have a defense attorney, former judge who is concerned about in a past life this judge was concerned about the bugovernment abusing its power. The night have a defense attorney argued on behalf of the judges no longer concerned about the government abuse of power he wants to make a case with the department of justice as they not only feel they feel justified because of the issues in the case. Republicans two oh 2,748,000. Independence 2,028,002. Patty is up first out of connecticut. Independent. Patty been on the phone since the last segment we appreciate that. Go ahead you are on now. Caller okay. Im calling in because hes been set up by obama. Dont forget he set up by obama he fired because he disagreed about iran and everything else. He warned trump not to pick and becauseai he was afraid he was going to talk. Flynn knows where the bodies arear buried. They threatened flynn, the last lawyers that they had. They threatened to arrest his son. I would give into. A lie that i was guilty. No paperwork thats coming out now saying that the fbi found nothing wrong with flynn. It was lisa page who decided theye were going to go after him. And lisa page changed three oh two. Against flynn. The government is going to have egg on their face when dunham releases all this stuff and he does at the right way. Ive seen paperwork already. It was a set up and theyre just afraid. Youve seen paperwork alread already . Yes is being released. Ive seen the paperwork. He is innocent theres no if and or butts about it. See one thats patting connecticut, bret . Guest perhaps not all ofhe those facts are out in the public yet. I think some of those give the flavor of what the country is viewing from this case in particular. That is you certainly have misconduct by the fbi in the investigation. You have concerns over key witnesses. Youey have concerns over what patty refers to as the set up. Lets look at that. You have a director of t the fbi that directs investigation to go forward despite the fbi finding that there is not a basis to believe there was any concern. So the investigation start to begin with. Does very much like the attorney general indicated on multiple occasions. It was in search of something without a predicate to be concerned about the investigation. That doesnt include what then came out as we now know the agents in the interview the believer telling the truth. Some people asked the question, why would somebody plead guilty . There are many reasons. I have seen it ive been in the criminal Justice System for 20 plus years now. And people plead guilty for a lot of reasons. Sometimes its the fear of what would happen if they went to trial in the long sentence that could occur. The fact that there may expand the investigation to include other people that you care about. There are many, reasons. There are many things that play in this place. Caller good morning to both of you gentlemen. He is absently right. You cannot take politics out of the situation. But for one thing, when the two fbi agents went to flynn originally, i understand why. But when they did not for the lack of better word, mirandized him because that was the purpose of them being there. They lied about that from the getgo. From that point on, this whole thing is tainted, it is corrupt it is collusion in its all about call me and his coconspirators to get donald trump. So why, flynt pled guilty because he had the entire Justice System at the very top working against him. And he had, he lostis all of his wealth. And had no place to go. What was he going to do but plead guilty . And your guess isre correct, he had no way of getting out of the mass without further ruining his life. Everyone out there should be very concerned that this country was led down the path of totalup corruption just to get one president. I am very sorry for this country that they cant see that. bret anything to answer to that . Guest the only thing i would add is one of the reasons why we want prosecutors to look critically at their cases is because the enormous power we give them. The only agency that has the ability to take away someones liberty and freedom. When i attorney and the u. S. Attorney i understood the power but dont think i truly understood until i became a defense attorney for about a decade. Then i got to see how that power was wielded. There are instances in which individuals and you reach a conclusion and the investigation is done inn a way that is to justify conclusion that youve already reached. We need to be better than that. We can be better than that. In this particular base there is not a basis to investigate him. They also use deception when they interacted with him. There is then a conclusion by the a fbi that there is not a case to be brought and that was over ruled by those higher up. And those higher up are now seen as perhaps have more of a political agenda than we think occurs in the fbi. James, lawrence massachusetts a democrat good morningem you are next on. Caller good morning. I would just like to reference the last lady who was on with mr. Tolman id like to know what tonys role was in all of this when he was when manifold was arraigned in everything. Tony grabbed all of his millions of dollars and took off because he was his brother. I would also like to know how many violations are there usually iner a year or lets say two years in the federal government . My understanding is routinely violated. And there are several in tony podesta had several by himself ande was never ever charged. This was the original charge of flynn was brought up on that they ponied up. I dont understand why this is not a coerced confession for eggs coerced a plea deal. And the minute they find out because there were 80 pages of exculpatory evidence resented in the appeal from sullivan out of the 100 pages, 80 of them had exculpatory evidence on them. And this man isnt hello . Birgit a drop this . Thank you very much. Think the interesting part of that comment is really getting back to judge sullivan. The judge appears to believe that he has a central role in deciding whether or not thehe case should be dismissed. Thats not the role of the cour court. The statute does require the prosecutor to file and get leave of the court, its really just a procedural mechanism. As the court has a daca in the cases on the courtd daca. Its only the court can build from the daca. A. Seems like weve lost that it all of a sudden we now have a Judicial Branch stepping into the shoes of the executive branch. Wanting to assess the effects of law and terms of whether or a dismissal of a case that the department of justice says they no longer have the ability to pursue or should pursue based on numerous factor factors. Factors that are known and unknown tono us. And this was a p dangerous precedent to set. Every defense attorney, every organization and agency out the fighting for criminal Justice Reform should be standing up and applauding the fact that the department of justice is making a decision with these facts on the table to dismiss a case. Instead their hatred for this president and concerned over the attorney general bar making this decision, as a political decision is greater than their love for justice and d for the Fair Administration of justice. And thats concerning it indicates that it would be wrong to pursue a case any further and it wishes to dismiss it, i would like to see that happen when Judicial Branch grant that and move on but the president has the prerogative, im certain hell look at that decision, judge sullivan appears to be playing political games in this case, whether its causing delay in order to stretch this out until after the election or whether he built up personal animals towards general flynn, either way its inappropriate right now with whatt is happenig and i hope there is relief soon but im more concerned about the integrity of the separation of her branches of government. Cspan washington journal every day we are taking your calls live on the air on the news of the day and will discuss policy issues that impact you, coming up thursday morning with the announcement of Kamala Harris as a Vice President ial nominee we will talk about campaign 2020 as the major parties heading to the respective convention with National Journal and Political Columnist josh and will talk about the nomination and the growing our of black women in american politics with Purdue University associate professor of Political Science and africanamerican studies, nadia brown, watch shes been washington journal live at seven eastern thursday and join the discussion at 8 00 a. M. Eastern, cspan washington journal in American History tv on cspan3 mark the 100th anniversary of womens suffrage and the modification of the 19th amendment, we will take your phone calls, facebook comments, Text Messages and tweets. Coming up tonight on booktv the theme is technology, first wired Magazine Editor and large stephen levy reports on facebook and Princeton University professor benjamin and university of pennsylvania professor Dorothy Roberts on how new technology is reinforcing racial discrimination, later authors they discuss the impact of Artificial Intelligence and virtual world. Magazine editor and large stephen loving with the future of facebook, next is interviewed by author and Financial Times Global Business columnist, this is about an hour. Welcome steve, it is so nice to see you, last time we were

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