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Ruth Bader Ginsburg Gives Gen. Flynn Incredibly Strong Defense Against Mueller

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Here is something quite shocking…Supreme Court Justice Ruth Bader Ginsburg has given Gen. Michael Flynn the strongest defense against Special Counsel Robert Muller’s investigation. Never thought you would see that huh? She finally got something correct.

Flynn is currently waiting to be sentenced by Mueller for so-called allegations that he failed to register as a foreign agent for his work with Russia and Turkey leading up to the 2016 Presidential election. Maybe it’s time Mueller should be asked some questions and charged with lying to the Congress. When are we going to see the real perpetrators put in prison.

Back in 2004, Ginsburg spoke about the conviction of celebrity Martha Stewart and how she believed prosecutors were making smaller crimes appear much larger than they actually were.

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“The counts that really got our attention in the Stewart indictment are numbers three and four, in which Ms. Stewart is charged with violating Title 18 of the United States Code, Section 1001,” the New York Sun reported at the time.

“That is the federal law that provides for a fine or up to five years in prison for anyone who ‘knowingly and willfully’ makes any materially false statement or representation “in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States,” the outlet added.

This law has been on the books since 1863, but a number of legal experts today argue that it is dangerous for the American political spectrum and should be re-examination by Congress.

At the time, Solomon Wisenberg, who previously served as deputy independent counsel in the Whitewater case against the Clintons and their allies, wrote about the importance of reining in federal laws that essentially give prosecutors unfettered powers to go after anyone for essentially anything.

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Here is what he said back in 2004:

“Even in our age of ever expanding federal power, the reach of this statute and the discretion it lodges in prosecutors is awesome,” Wisenberg said in 2004.

“The vast majority of federal agents and attorneys are honorable people who would not intentionally abuse this statute.…But the potential for abuse of this statute is great, even for normally honest people,” he added.

Read more on this story via I LOVE MY FREEDOM:

Though it was a few years before Wisenberg, Ginsburg agreed and warned in a concurring opinion in the 1996 Supreme Court case Brogan v. United States of “the sweeping generality” of Section 1001’s language.

“The prospect remains that an overzealous prosecutor or investigator — aware that a person has committed some suspicious acts, but unable to make a criminal case — will create a crime by surprising the suspect, asking about those acts, and receiving a false denial,” Ginsburg wrote.

She added: “The Department of Justice has long noted its reluctance to approve §1001 indictments for simple false denials made to investigators.”

Ginsburg warned that the law’s “encompassing formulation arms Government agents with authority not simply to apprehend lawbreakers, but to generate felonies, crimes of a kind that only a Government officer could prompt.”

The Brogan case was seeking to determine whether the statute violated the Fifth Amendment constitutional right to avoid self-incrimination. Continue Reading

 

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