Former Trump advisor and U.S. Army General Michael Flynn’s legal defense team’s recent request for disclosure of more information related to his case could be a key in uncovering the reason (more like lack of reason) behind the Obama administration’s spying on the Trump campaign back in ’16.
The leader of Flynn’s legal squad, Sidney Powell, has accused the government of wrongfully witholding crucial details that could be used in defense of Flynn, who resigned from the Trump admin after being alleged to have lied to the feds about his conversations with a Russian ambassador.
Is such information is disclosed, as Powell is requesting, then this could spell doom for those behing the infamous anti-Trump Russia probe!
Check out the breaking news:
Here's a video on the background and details of the request to disclose crucial Spygate info from The Epoch Times:
The Epoch Times also wrote:
The defense team of Lt. Gen. Michael Flynn, a former adviser to President Donald Trump, is pursuing an avenue that could reveal information crucial to discovering the basis—or lack thereof—for the Obama administration to surveil Trump campaign aides—a matter that has come to be known as “Spygate.”
Former prosecutor and Justice Department critic Sidney Powell has led Flynn’s team since June, when he fired his previous lawyers. She’s alleged that the government has been withholding information from Flynn that would have been helpful to his defense, a violation of the so-called Brady Rule.
If not for this failure to provide information, Flynn would have never pleaded guilty to the process crime of lying to the FBI, she said during a Sept. 10 hearing at the federal district court in Washington.
On Sept. 11, Powell filed a redacted version of an earlier sealed motion (pdf) asking U.S. District Judge Emmet Sullivan to make the government hand over a wide range of documents. Many of the documents relate to the investigation the FBI had opened on Flynn, “based on his relationship with the Russian government” sometime prior to Dec. 30, 2016, as stated in the final report of former special counsel Robert Mueller (pdf).
It seems it was this investigation that led two FBI agents, Special Agent Joe Pientka and then-Deputy Assistant Director Peter Strzok, to go to the White House on Jan. 24, 2017, and interview Flynn. And it was Strzok’s report from this interview—a 302 form—that served as the basis for the accusation that Flynn lied to the agents.
It appears that Powell aims to show that the FBI never had a proper reason to suspect Flynn of being an agent of Russia to the point that it was necessary to open a counterintelligence investigation on him and thus, the FBI had no proper reason to interview Flynn in the first place. But her job may, in fact, be easier. She only needs to show that the government failed to hand over to the defense information that puts in question the FBI’s reason to interview Flynn. Withholding information helpful to the defense is a Brady violation and the judge may dismiss the case on such grounds.
If the judge obliges Powell’s request, the government may be forced to hand over a trove of documents that could shed light on many blank spaces in the Spygate saga.
Bloomberg gave some additional details:
Michael Flynn’s lawyer told a U.S. judge Tuesday that prosecutors improperly withheld evidence that would fatally undermine the criminal case against the former national security adviser to President Donald Trump.
Sidney Powell made her claim during a Washington federal court hearing on whether prosecutors had met their legal obligation to provide exculpatory information to the defense and on when Flynn should be sentenced for lying to federal agents.
Over Powell’s objection, U.S. District Judge Emmet Sullivan set what he called a target sentencing date of Dec. 18. That’s a year after Flynn’s original sentencing, which went awry amid questions about whether he had fully cooperated with prosecutors after agreeing to plead guilty in December 2017. At last year’s hearing, Flynn reiterated his guilty plea.
While Powell said Tuesday that she did not intend for her client to withdraw his plea, the evidence withheld by prosecutors would show “the entire prosecution should be dismissed for government misconduct.”
Justice Department attorney Brandon Van Grack disputed that account and told the judge the government had complied with its legal obligations.
The documents that Flynn's legal defense team are requesting to be released include a memo on the Steele dossier, among 40 other government records.
The Daily Caller has more on the list of documents that Flynn's lawyers want disclosed:
Michael Flynn’s lawyers want a federal judge to force prosecutors to turn over 40 categories of documents they say will vindicate the former national security adviser, according to a court filing released Wednesday.
The slew of documents include a purported memo a British national security adviser sent Flynn in early 2017 regarding the Steele dossier. Sidney Powell, a lawyer for Flynn, is also seeking Justice Department memos she says show government officials knew early on in the Trump administration that Flynn was not a Russia asset.
Powell cited an internal DOJ document dated Jan. 30, 2017, which she said cleared Flynn of being “an agent of Russia.” Powell also wants FBI interview notes with former Justice Department official Mary McCord that show when she knew that Flynn did not have “a clandestine relationship with Russia.”
Powell, a fierce critic of the special counsel’s probe, laid out the list of documents in an Aug. 30 sealed court filing released Wednesday.
Powell pressed Judge Emmet Sullivan in a court appearance Tuesday to dismiss charges against Flynn for what she called “egregious” prosecutorial misconduct. She said in the memo that federal prosecutors have “thoroughly stymied” her efforts to obtain the information since she took over as Flynn’s lead lawyer on June 6.
Flynn pleaded guilty on Dec. 1, 2017 to making false statements in a Jan. 24, 2017 interview with FBI agents regarding his conversations a month earlier with Russian Ambassador Sergey Kislyak. Flynn cooperated extensively with the special counsel’s Russia probe as part of his plea agreement. Flynn also cooperated with federal prosecutors in Virginia in a case against Bijan Rafiekian, a former Flynn business partner who a federal jury convicted of working as an unregistered agent of Turkey.
Assistant U.S. Attorney Brandon Van Grack argued Tuesday that prosecutors have already provided all of the information they are required to give Flynn’s defense team. He said none of the documents Powell seeks has anything to do with the false statements charge against Flynn.