Claude Taylor source: Flynn has begun the proffer process with US attorney

[pnwmom]

Link to tweet

Link to tweet

More about proffer agreements here:

http://apps.americanbar.org/litigation/committees/criminal/email/winter2012/winter2012-0402-risks-benefits-proffer-agreements-parallel-proceedings.html




Claude Taylor served on the Clinton WH staff as Director of Volunteers in the 1990's. He's also worked in three Presidential campaigns.

[angrychair]

1. Time to play "Let's make a Deal"

I see a lot of people in the current Congress and executive branch "taking time away from government to spend time with family" in the near future.

[Purple Dinger]

20. It started with Chaffetz.

They need to keep going until every Republican resigns for being a part of the RICO charges that will be brought upon them in their respective states.

[Jacquette]

2. From what I just read re Proffer agreement

(Not from wiki) they can't use whatever he says as direct evidence against DT; they can only use it as investigatory tools. Great. That's just fkg great. Just what we need. MORE investigations.

This is just Kibuki theatre...a giant self-perpetrating circle jerk. They will be "investigating" and "gathering evidence" indefinitely. They will "officials say" and "anonymous sources reveal" us until we are numb. And this Orange buffoon will just keep going and going...

[pnwmom]

3. But they can use Flynn's court room testimony as direct evidence against people,

and this proffer is telling them what he could testify to.

So it's not just Kibuki theater, if Claude Taylor's posts are correct.

[L. Coyote]

18. WRONG. They can't use it if they don't arrive at an agreement.

What a proffer involves is providing what evidence you have to offer without the risk of the revelation being used in evidence against yourself. It is a bargaining process whereby you reveal what cards you hold. If the prosecution deems your cards to be legitimate and of value in prosecuting others, theu make you an offer, such as a reduced sentence in exchange for your self-incriminating testimony which can be used against any co-conspirator (at least in jurisdictions that allow co-conspirators to testify against each other).

[4139]

4. IF this were true then charges must have already been filed with the court

... have charges been filed?

"the government will file a 5k.1 motion, requesting a downward sentencing departure. "

For this to be true charges must have been already filed with the court.

[pnwmom]

5. Taylor has previously reported on a sealed indictment. n/t

[Jacquette]

8. Can someone explain.....

WHY IS THIS ALL SO HUSH HUSH!!!?

I'm sorry for shouting but why are we being kept in the dark? Why are we learning the really big stories via tweets? If Flynn is under indictment or has already been arrested or is cooperating with the Feds, why can't the American people be told? About any of this?

[pnwmom]

13. These proceedings are done in secret; what's not usual

is the amount of leaking.

But it also isn't usual for a President to express open contempt for the intelligence community and to fire the head of the FBI after the head refuses to back down from an investigation.

[L. Coyote]

19. There is an investigation in progress and revealing what is know jeopardizes successful completion.

You don't call a mobster and tell him you are tapping his phones, for a very similar example.

[DefenseLawyer]

12. Right. If there is no pending case, there is no 5k1

Although a target could certainly give a pre-indictment proffer, which happens fairly routinely.

[MelissaB]

6. From CNN a few minutes ago: Manu Raju: Dem on Senate Judiciary Committee says it's possible Flyn

CNN Manu Raju: Dem on Senate Judiciary Committee says it's possible Flynn cooperating w/ Justice Department as part of investigation and nobody know about it and wants to know if that is the case.

[grantcart]

14. CNN analyst reported the same story in March and had to retract it.

http://twitchy.com/gregp-3534/2017/03/26/never-mind-cnn-analyst-juliette-kayyem-clarifies-on-michael-flynn-fbi-deal-theory/

[MelissaB]

15. I think what they are saying is that the committee wants to know if he is cooperating w/ Justice,

not that he is. I think some suspect he is, but looking for confirmation.

[Horse with no Name]

7. If true...this should make trumps asshole pucker a bit. N/t

[cbdo2007]

9. I won't believe it until it's 3 months from now when it hits the other news sources

j/k

[sarah FAILIN]

11. +1

It hurts some people here to hope.

[DefenseLawyer]

10. At least the terminology is correct.

A cooperation statement is indeed referred to as a "proffer" and it would be made to the AUSA and the case agent. The benefit conferred upon the informant for providing "substantial assistance to the government" is found in Section 5K.1 of the United States Sentencing Guidelines. This is of greatest value to individuals facing a statutory "mandatory minimum", because except in rare cases for 1st offense drug offenders, the only way to get below the mandatory minimum is for the government to file a 5K1. This is pretty basic stuff and wouldn't necessarily indicate a source with inside information, but at least it's not grossly misusing terminology.

[pnwmom]

16. Can anyone provide a proffer in exchange for a downward sentencing recommendation,

or will the government only accept a proffer if it thinks that the provided information would be important in building its larger case?

In other words, why give Flynn the chance at a reduced sentence unless they were going after a bigger fish?

[DefenseLawyer]

17. Oh no, the government decides who gets a 5k1.

They won't even take the proffer unless they have some interest in the information. Cooperation is completely at the discretion of the government.