There was a hearing in the National Security Advisor Michael Flynn case with Judge Emmet Sullivan in D.C. Tuesday. As a result, Flynn’s attorney might seek to have the case thrown out.
The DOJ is still playing games. They ‘lost their notes’ and ‘forgot’ the memo exonerating him in the case.
Sidney Powell, Flynn’s attorney is calling the behavior by the government “egregious” and even “hiding evidence.”
She also noted that there was significant pressure on the General to accept a plea, especially when they had permission from Rod Rosenstein to go after the General’s son.
A DOJ memo was withheld that stated Michael Flynn did not lie. Flynn’s attorney still does not have that memo. There were also a number of discrepancies in the 302 reports.
Flynn’s attorneys are not withdrawing the plea for now but asking to have the entire prosecution dismissed on the grounds it was “egregious government misconduct” and there were “stunning Brady Bunch violations” then and now.
“There never would have been a plea, to begin with, if the government had disclosed Brady information about what it knew before the plea agreement,” Powell said.
“Egregious gov’t misconduct and long-time suppression of crucial Brady material that should have been provided to the defense before there ever was a plea,” the defense asserts.
As usual, Techno Fog has done the research and obtained the transcript. Techno Fog tweeted out documents showing the DOJ refuses to produce:
1) “Russian agent” exoneration memo dated 1/30/17
2) Memo clearing Flynn of Logan Act on 2/8/17. (This was said to be part of the reason for the FBI interview.)
In addition, the government admits to withholding non-public Page/Strzok text messages.
Significantly, the DOJ “identified material differences between the agents’ notes from their interviews of Mr. Flynn on the 24th and the 302 [draft] they produced.”
The original 302 is missing.
Judge Sullivan noticed the problems with the case and said, if “there was no factual predicate for that FARA violation, then it should not have been mentioned at all as a potential ‘benefit.'”
The government admits to withholding non-public Page/Strzok text messages.
Ms. Powell also filed a motion under seal (in support of their motion to compel). It will be unsealed soon.