A Happy Ending for Gen. Michael Flynn? DOJ Finally Turns Over Long Withheld Brady Docs and His Lawyer is Smiling

(AP Photo/Susan Walsh, File)
AP featured image
FILE – In this Dec. 1, 2017, file photo, former national security adviser Michael Flynn for President Donald Trump leaves federal court in Washington. Robert Mueller’s Russia investigation is illustrating an age-old truism: It pays to cooperate with the government. The few people who so have cooperated with the special counsel’s office have enjoyed perks including the prospect of reduced prison sentences. Flynn flies cross-country to stump for a California congressional candidate and books a speaking event in New York. (AP Photo/Susan Walsh, File)


In February, Attorney General William Barr appointed an independent prosecutor, U.S. attorney Jeff Jensen of St. Louis, MO, to review the case of former National Security Advisor Michael Flynn.

His attorney, Sidney Powell, hailed the move, saying, “It’s imperative this case be independently reviewed. This is the most egregious case of government misconduct I’ve ever seen.”

After a long legal battle, investigative journalist Sara Carter reports that Flynn’s legal team received these documents today. According to Powell, they “reveal that the retired three-star general did not commit any crimes.”

U.S. Attorney Timothy Shea, who is handling the Flynn case at the DOJ, sent the documents to Powell, however, they remain under court seal.

In a letter accompanying this new evidence, Shea wrote, “The enclosed documents were obtained and analyzed by USA EDMO in March and April 2020 and are provided to you as a result of this ongoing review; additional documents may be forthcoming. These materials are covered by the Protective Order entered by the Court on February 21, 2018.”

Although Powell cannot discuss specific details about the documents, she told Carter that the “material exonerates her client.”


Powell wondered, “What else has the FBI buried? Where’s the original 302? And obviously some of the good agents are finally stepping up.” She continued:

This afternoon, the government produced to Mr. Flynn stunning Brady evidence that proves Mr. Flynn’s allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI. It also defeats any argument that the interview of Mr. Flynn on January 24 was material to any “investigation.” The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.

Powell said, in reviewing the new material, she had “found further evidence of misconduct by [DOJ prosecutor] Mr. [Brandon] Van Grack specifically.”

Here are several excerpts from Powell’s motion for dismissal of the case. Powell wrote:

Not only did he make baseless threats to indict Michael G. Flynn, he made a side deal not to prosecute Michael G. Flynn as a material term of the plea agreement, but he required that it be kept secret between himself and the Covington attorneys expressly to avoid the requirement of Giglio v. United States, 405 U.S. 150 (1972). Exs. 1, 2.

Since August 2016 at the latest, partisan FBI and DOJ leaders conspired to destroy Mr. Flynn. These documents show in their own handwriting and emails that they intended either to create an offense they could prosecute or at least get him fired. Then came the incredible malfeasance of Mr. Van Grack’s and the SCO’s prosecution despite their knowledge there was no crime by Mr. Flynn.

The government’s misconduct in this case is beyond shocking and reprehensible. It mandates dismissal.

Furthermore, this Court should order the government immediately to provide the defense with unredacted copies of the documents we have filed under seal solely in an abundance of caution because the government produced them under the protective order, and we request that they be unsealed as provided herein as Exhibit 3.

This Court must dismiss this concocted prosecution of General Flynn in full recognition of the travesty of justice that it is.


And below is the letter from Timothy Shea.Hopefully, we’ll be hearing more details on this case soon. If anyone deserves exoneration, it is the long suffering General Michael Flynn.

Note: Last month, I wrote a post which provides a history of the government’s case against Flynn: President Trump ‘Strongly Considering’ a Full Pardon for General Michael Flynn, Here’s the Back Story



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