Prosecutors say that no exculpatory information (Brady information) was withheld in the General Michael Flynn case as his lawyer Sidney Powell contends.
In an effort to compel the production of purportedly exculpatory evidence, Flynn attorney Sidney Powell claimed that the government failed to produce Brady evidence (i.e. evidence favorable to the defense).
Federal prosecutors have responded by saying “each new argument or claim” made by the defense is “unsupported by fact or law, and does not identify favorable and material information that the government has failed to produce.”
The Department of Justice presented exhibits of the FBI’s handwritten interview notes and 302s.
Prosecutors said that Flynn’s claims of innocence and being fooled into pleading guilty are “demonstrably false” and that the defense has not identified relevant and favorable evidence to support the claim. Therefore, the government said, the defense’s motion to compel Brady material should be rejected.
The prosecutors stated that “Even if an earlier draft of the (302) once existed, there is no reason to believe it would materially differ from the agents’ notes.”
The government did not deny there were other edits.
It doesn’t appear that the government furnished—at least not publicly—the original recorded conversation between Flynn and the Russian ambassador. Nor does the government’s response appear to address Powell’s complaint that, “the press has long had transcripts of the Kislyak calls that the government has denied to the defense.”
If all was on the up-and-up, why didn’t they just record the interview, as Sidney Powell has noted.
The President never should have fired General Flynn, but he could never have suspected what was to come. He also kept too many of the partisans who seek to destroy him.
There are other documents they didn’t hand over so this isn’t finished as the government would like to believe.
Flynn’s attorney said the FBI falsified 302s and framed General Flynn. And now the drafts are missing.
There are also some explanations needed for the recently-released Strzok-Page texts and Clapper’s comments about taking a kill shot.
One thing is certain, the government ambushed General Flynn and then celebrated their success.
We will wait for Attorney Powell’s response.
It’s not likely the judge will dismiss, but he likely will let Flynn go to trial.