On October 24, 2019, Sidney Powell, the attorney for Michael Flynn, filed a Reply in Support of Motion to Compel Production of Brady Material and for an Order to Show Cause asking the court to dismiss the case against Michael Flynn in its entirety. In the court filing Sidney Powell lays out her case that the Government not only failed to produce all the evidence in their possession falling under Brady Material definition but also lays out a timeline backed by compelling evidence that Michael Flynn was targeted and set up by the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ).
For those who have not followed this story, on September 18, we reported on the initial motion papers filed by Powell demanding a laundry list of documents she stated should have been provided to Flynn and his defense team long ago. The evidence she sought was exculpatory in nature, and under the Brady rules, the prosecution was required to turn over any and all such evidence to the defense team. She alleged in the filing that the Government prosecutors were purposely withholding the specific items requested.
On October 16, we reported on the Government’s October 1 reply wherein they argued that the evidence demanded by Powell was already provided, not relevant, non-existent, or not helpful. Instead they persisted in the argument that Flynn had already pleaded guilty and further indicated his intention not to withdraw his plea, and thus he essentially waived his right to pursue further discovery.
In Powell’s latest court filing, however, she turned the prosecution’s response against them. Not only does she lay out in excruciating detail the misdeeds of the government that led to the charges against Flynn in the first place, she out and out accuses the prosecutors of a blatant cover-up. Within the first three pages of the 37-page reply motion she states:
The government works hard to persuade this Court that the scope of its discovery obligation is limited to facts relating to punishment for the crime to which Mr. Flynn pleaded guilty. However, the evidence already produced or in the public record reveals far larger issues are at play: namely, the integrity of our criminal justice system and public confidence in what used to be our premier law enforcement institution. When the Director of the FBI, and a group of his close associates, plot to set up an innocent man and create a crime—while taking affirmative steps to ensnare him by refusing to follow procedures designed to prevent such inadvertent missteps—this amounts to conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct …
… As new counsel has made clear from her first appearance, Mr. Flynn will ask this Court to dismiss the entire prosecution based on the outrageous and un-American conduct of law enforcement officials and the subsequent failure of the prosecution to disclose this evidence— which it had in its possession all along—either in a timely fashion or at all. Moreover, the defendant still needs and is still entitled to all the facts in the government’s possession—not just those Mr. Van Grack was forced to provide because they had already leaked into the public domain. The government’s tactic of disclosing information because it had made its way into the news and the internet is tantamount to no Brady disclosure at all, while its self-serving minimized disclosures were outright deceptive.
Powell explains that prior to Flynn’s plea, the evidence that the prosecution turned over was patently “limited, misleading, untimely or deliberately trivialized to render them meaningless and in some cases outright deceitful.“ These paltry disclosures played a large part in the consideration and decision of a guilty plea by the defense team and Flynn. Since it is incumbent upon the prosecution under court rules to provide any and all Brady material (without asking for it) it was reasonable to believe that all of the evidence in this case developed and in the care, custody, and control of the government was provided. What was turned over left very little for Flynn’s defense team to work with, in order to mount a vigorous defense. Added to the already bleak legal prospects, Flynn was placed under enormous pressure by the Special Counsel’s office to make the guilty plea.
As the True Pundit reported, Mueller and his team threatened Flynn’s family on several occasions with investigations, especially into his son, Michael Flynn Jr., throwing the full weight of his office behind the ominous promise. These menacing strong-arm tactics coupled with the growing financial strain and the lack of exculpatory evidence left Mr. Flynn with few options.
A close family associate said Mueller and his team even threatened Flynn Jr. during a meeting with Gen. Flynn in the same room. Mueller’s apparent goal with the threats was to cause additional stress in the Flynn family as well as hike Flynn’s legal fees, which were already bankrupting the family, sources said.
‘Between the threats and the finances, he (Gen. Flynn) had to make a deal to put the brakes on this,’ a family associate said. ‘This has nothing to do with guilt. This was survival.’
As abhorrent as this practice of menacing a guilty plea out of a defendant is, it is not out of the ordinary for Mueller or some on his team to put prestige ahead of justice. The Boston Globe reported as Mueller ascended to the post of FBI director on a disturbing case of four innocent victims left to rot in jail by Mueller.
[Mike] Albano [former Parole Board Member who was threatened by two F.B.I. Agents for considering parole for the men imprisoned for a crime they did not commit] was appalled that, later that same year, Mueller was appointed FBI director, because it was Mueller, first as an assistant US attorney then as the acting U.S. attorney in Boston, who wrote letters to the parole and pardons board throughout the 1980s opposing clemency for the four men framed by FBI lies. Of course, Mueller was also in that position while Whitey Bulger was helping the FBI cart off his criminal competitors even as he buried bodies in shallow graves along the Neponset…
Mueller’s office, however, was not the sole problem with the Flynn case. According to Powell’s motion, after Flynn was pressured into a guilty plea, a “cavalcade” of evidence emerged not previously known to Flynn.
The real evidence the government had long suppressed caused a cavalcade of major events—many within mere days of Mr. Flynn’s plea—and all unknown to him before it. Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she had edited Mr. Flynn’s 302 and was part of the small, high-level group that strategically planned his ambush. Lead Agent Peter Strzok was demoted from the Mueller investigation and ultimately fired. Strzok, who had met extensively with McCabe and the high-level, small group, was primarily responsible for creating the only basis for the charge alleged against Flynn.
The day after Mr. Flynn’s plea, the press exploded with the news of Strzok and Page’s prolific text messages, their affair, and their malice toward President Trump. The Inspector General issued a rare statement that he was investigating the entire matter. Bruce Ohr, the fourth highest-ranking member of DOJ, was demoted. Judge Contreras, who accepted Mr. Flynn’s plea only days before, was suddenly and inexplicably recused—only for it to be disclosed much later that he was a topic of conversation in the Strzok-Page texts because he was a friend of Agent Strzok. And, remarkably, DOJ’s Bruce Ohr was demoted a second time. This is merely a snapshot of the aftershock from the earliest revelations into the public domain and to Mr. Flynn.
Furthermore, we learn from the timeline, the extent of the targeting and takedown of Flynn by the FBI and DOJ that led to his prosecution in the first place. We get some insight into just how the FBI planned a virtual ambush of Flynn, circumvented White House counsel, breaking protocol, and leading Flynn to believe he was not under criminal investigation and had no need for an attorney. They wanted to keep the meeting friendly and Flynn relaxed.
January 23, the day before the interview, the upper echelon of the FBI met to orchestrate it all. Deputy Director McCabe, General Counsel James Baker, Lisa Page, Strzok, David Bowdich, Trish Anderson, and Jen Boone strategized to talk with Mr. Flynn in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target.
The agent who attended the meeting with Flynn and Strozk indicated in his FBI notes that they knew Flynn was being truthful and had not lied to them. Shortly after the meeting the FBI and DOJ drafted a document exonerating Flynn, but to this day, still have not provided it to him or his attorneys.
Not long after, the FBI and DOJ wrote an internal memo dated January 30, 2017, exonerating Mr. Flynn of acting as an ‘agent of Russia’; and, they all knew there was no Logan Act violation. The government owes Mr. Flynn the full versions of these exculpatory statements. He has been smeared as being an agent of a foreign government for several years now.
Powell further contends when the meeting did not yield what the FBI was looking for, the Flynn 302’s were altered to make it appear he lied.
On February 10, 2017, the news broke—attributed to “senior intelligence officials”—that Mr. Flynn had discussed sanctions with Ambassador Kislyak, contrary to what Vice President Pence had said on television previously. Overnight, the most important substantive changes were made to the Flynn 302. Those changes added an unequivocal statement that ‘FLYNN stated he did not’—in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote. This is a deceptive manipulation because, as the notes of the agents’ show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on this issue. He had talked to dozens of countries.
Second, they added: ‘or if KISLYAK described any Russian response to a request by FLYNN.’ That question and answer do not appear in the notes, yet it was made into a criminal offense. The typed version of the highly unusual ‘deliberative’ 302 by that date already included an entire section from whole cloth that also serves as a criminal charge in the Information and purported factual basis regarding ‘Russia’s response’ to any request by Flynn. The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.
The Motion goes on further to illustrate that the FBI leaked selective information to the media, used the tenuous investigation of Flynn to force him from his position as National Security Adviser and later charged him criminally for lying to the FBI. The Special Counsel’s office then picked up where the FBI left off. Powell paints a harrowing picture of what amounts to blatant prosecutorial misconduct by purposely failing to provide exculpatory evidence due the defense, misleading the court and the defense team and purporting to have provided all relevant information to the case, despite evidence to the contrary. Any argument that exculpatory evidence the defense is entitled to being potentially hidden behind classification was eviscerated by citing President Obama’s Executive Order 13526:
The government cannot conceal its wrongdoing behind a claim of classification. As President Obama made clear in Executive Order 13526, §1.7: ‘In no case shall information be
classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency.’
In conclusion, Powell asks the court finally to compel the prosecution to turn over long overdue evidence in its full and unredacted form, so that Mr. Flynn can clear his name. She also requests, given the egregious misconduct of the prosecutors, that the court also dismiss the case against Flynn and hold the Government attorneys in contempt. There is no word when the judge will rule on the motion; however, when Judge Sullivan hands down his decision, it will likely be explosive news regardless of which side his ruling favors.
A ruling in favor of Flynn could certainly turn the tide not only for Flynn but those caught up in the FBI’s and DOJ’s web over the last few years, including President Trump. If even a fraction of the explosive allegations in Powell’s motion are proven to be true, the credibility of the country’s premier law enforcement agency and Department of Justice will be shaken to their very foundations and their actions over the last few years will need to be examined.
This is a developing story, so stay tuned to Patriots’ Soapbox for more information.