Breitbart is quoting Alan Dershowitz on the Flynn prosecution Dershowitz argued that Flynn’s guilty plea (on a charge of “lying to the FBI”, a standard tactic) is a “show of weakness” for Mueller.
Dershowitz said, “Well, the last thing any prosecutor wants to do is to have to indict his primary witness for lying. Because if you indict your witness for lying, it really means he’s not useful as a witness, he has no credibility. I’m sure the prosecutor was trying to indict him for some scheme or conspiracy that involved other people in the White House, but there is nothing there, and he had to, finally come down and indict him for lying, which makes him a useless witness. So, this is not a show of strength by the prosecutor. It’s a show of weakness.I was waiting for someone to point this out, but political commentators don't seem to know much about litigation. Flynn is a damaged witness, first for having been fired for lying to Pence less than a month into his job, and now for lying to the FBI about four different matters.
It’s a show that they really have nothing on anybody above of Flynn and that Flynn made the terrible mistake about lying about something he could have told truth about. Because the two things he lied about were perfectly lawful and perfectly proper for somebody to do during the transition. And so, I think it really reflects a weakness, not a strength in Mueller’s prosecution.”[Dershowitz: Flynn Plea Is ‘A Show of Weakness’ for Mueller, Breitbart, December 2, 2017]
Flynn would be worse than useless on the stand, as he would be destroyed in cross-examination. Then defense counsel could point out that the only evidence comes from a witness who is a confirmed, serial liar. In fact, he never will be called as a witness.
It's clear that Mueller is being told what to do. He obviously was ordered to do something last week in an effort to stop the Republican tax bill. In the absence of any other evidence to support an indictment, his only option was to indict Flynn for lying. It must have been cleared by his masters, who may have forgotten that indictment for lying worked against Martha Stewart and Scooter Libby because the goal was to send them to jail.
Whether the real goal was to use Flynn as a witness against Trump or to damage Trump during the tax bill debate, it didn't work. It was more than offset by the daily revelations of sexual harassment by the enemies, the illegal alien getting off in San Francisco and Trump's re-tweet of Muslim terrorism videos. Mueller suffered additional damage today when revealed that he fired an FBI official for anti-Trump messages.
See previous letters from the same reader.