It’s about time Michael Flynn started fighting back!
And boy has he ever!
You probably didn’t see this reported anywhere on the “Mainstream Media” but his lawyers fired damning allegations that the government hid critical evidence in his case.
This is no small matter, and it’s called a Brady Violation.
Could potentially reverese the entire case kind of a big deal!
Take a look:
Here's more, from The Federalist:
On Friday, while most of America prepared for the long Labor Day weekend, things exploded in the Michael Flynn case. What began with an intriguing status report, which exposed the chasm between Flynn’s new powerhouse attorney Sidney Powell and prosecutors, culminated with Powell’s filing of a 19-page brief detailing prosecutorial misconduct and seeking sanctions against government attorneys for withholding evidence.
Flynn, who pleaded guilty in late 2017 to lying to FBI agents about conversations he had in December 2016 with Russian Ambassador Sergey Kislyak, awaits sentencing before federal Judge Emmett Sullivan. In Friday’s status report, prosecutors told Sullivan that Flynn’s “cooperation has ended” and that the case is ready for sentencing.
Conversely, Powell argued “the case is not ready for sentencing,” first because new counsel still needs “a significant amount of time” to review the mountainous file. But it was the additional reasons for a delay Powell detailed that piqued the interest of pundits.
“There are serious issues to be addressed by the Court before we can proceed further,” prosecutor-turned-defense-attorney Powell wrote. “First, the government continues to deny our requests for security clearances,” and the impasse requires court intervention, Powell argued. Among the classified information Powell sought clearance to review are “the transcripts and recordings of the phone calls that supposedly underpin the charges against Mr. Flynn,” and “the original or first draft of the FBI 302 of the interview of Mr. Flynn on January 24, 2017,” as well as “any records or documents that show everyone who made changes to that 302.”
Powell’s status report position ended with a note that Flynn’s defense team “expect[ed] to identify more issues for the Court promptly, and we will file the appropriate motions to address those issues as soon as possible.”
Powell soon proved to be a woman of her word, when hours later she filed a “Motion to Compel Production of Brady Material” under seal, and an accompanying brief in support of that motion, which was filed on the public record. (Under Brady and its progeny, the government must turn over material favorable evidence—called exculpatory evidence—as well as material evidence adversely affecting the credibility of a government’s witness, known as impeachment evidence.)
In her brief in support of the motion to compel, Powell pulled no punches. “The suppression of Brady evidence by the government here is ripe for a finding of contempt of this Court’s Standing Order,” Powell pronounced, referencing the order Judge Sullivan entered shortly after the case was transferred to him in December 2017.
That order required the “the government to produce to defendant in a timely manner—including during plea negotiations—any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” Sullivan further ordered the government, if it “has identified any information which is favorable to the defendant but which the government believes not to be material,” to “submit such information to the Court for in camera review.”
And from the Washington Times:
The new attorney for retired Army Gen. Michael Flynn is putting the scandal-marred Trump-Russia investigation on trial in a bid to make federal prosecutors produce more evidence.
In a court filing, Sidney Powell accused former special counsel Robert Mueller’s staff of being part of a broad “illicit operation” by FBI agents and operatives of 2016 Democratic presidential nominee Hillary Clinton to spread and use a Democratic Party dossier filled with false allegations against President Trump.
Ms. Powell said Flynn, who pleaded guilty in December 2017 to lying to FBI agents, was caught up in this conspiracy. She wants U.S. District Judge Emmet G. Sullivan to order prosecutors to turn over more evidence so she can determine how the Clinton-FBI alliance affected Flynn.
The other agent who interviewed Flynn was the link between the bureau and former Associate Deputy Attorney General Bruce Ohr. Mr. Ohr became the main messenger for Fusion GPS, the Clinton opposition research firm that hired former British spy Christopher Steele. He wrote the now-discredited dossier that alleged a wide Trump-Russia election conspiracy.
What’s more, the Mueller team members who prosecuted Flynn included Andrew Weissmann, whom Mr. Ohr also briefed on Mr. Steele’s long list of conspiracies. Mr. Mueller’s final report said he didn’t establish that a conspiracy existed.
“It is imperative the defense obtain the Bruce Ohr 302s and notes — unredacted — and all evidence of this circuitous and illicit operation,” Ms. Powell told Judge Sullivan. FBI agents file 302 forms on their interviews.
Mr. Ohr was briefing the FBI and Mr. Weissmann months before the two FBI agents interviewed Flynn in January 2017 at the White House. They thus were well aware of Mr. Steele’s allegations against the Trump campaign. In fact, the FBI used the dossier as evidence to obtain a judge-authorized wiretap on at least one campaign adviser.
Former FBI Director James B. Comey has bragged publicly about how he was able to dispatch the two agents without notifying White House counsel because Trump aides were preoccupied with setting up the new government.
Flynn, in office as Mr. Trump’s national security adviser, lied by telling the FBI he had not discussed sanctions relief with then-Russian Ambassador Sergey Kislyak during the transition. Agents had a phone transcript that showed he had.