At long last, Gen. Michael Flynn’s attorneys received the Brady documents they have been fighting to obtain for so long. Based on the new material, Flynn’s primary attorney Sidney Powell, submitted a supplement to their January 20 motion to dismiss the case entirely. The supplement, which was filed on Friday, states that the defense has found evidence in the new documents which proves Flynn was “deliberately set up and framed by corrupt agents at the top of the FBI.”
In addition, the filing states: “The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.” It claims they have “found further evidence of misconduct by Mr. Van Grack specifically. 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 [Flynn’s first legal team] expressly to avoid the requirement of disclosure in future cases.”
Powell summed up the supplemental document by stating, “All this new evidence, and the government has advised there is more to come, proves that the crimes were committed by the FBI officials and then the prosecutors. The government’s misconduct in this case is beyond shocking and reprehensible. It mandates dismissal.”
Friday’s filing can be viewed here.
According to the National Review, “heavily-redacted emails show Flynn’s former lawyers discussing why the deal needed to be “kept secret,” implying that Flynn would be used to testify in further criminal cases. “The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against whom MTF may one day testify,” one email states. Giglio v. United States says the failure to disclose immunity deals to co-conspirators constitutes a violation of due process rights.”
Although the documents are under court seal, The Federalist’s Sean Davis, citing an FBI official familiar with the situation, reported that the new documents “include significant exculpatory information” about Gen. Flynn. The source also told Davis that FBI general counsel Dana Boente “led the charge internally against DOJ’s disclosure of the new materials” and that they “will reflect poorly on the FBI.”
As I posted last night, in February, Attorney General William Barr appointed an independent prosecutor, U.S. attorney Jeff Jensen of St. Louis, MO, to review Flynn’s case. 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.”
The Mueller team’s treatment of Michael Flynn has been a travesty at the very least. President Trump recognizes the persecution (not a typo) of Michael Flynn for what it is and last month tweeted that he was strongly considering a full pardon.
So now it is reported that, after destroying his life & the life of his wonderful family (and many others also), the FBI, working in conjunction with the Justice Department, has “lost” the records of General Michael Flynn. How convenient. I am strongly considering a Full Pardon!
— Donald J. Trump (@realDonaldTrump) March 15, 2020
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