Taking on the Deep State: Michael Flynn Case Update

Taking on the Deep State: Michael Flynn Case Update

On September 18, 2019, we reported on powerhouse attorney Sidney Powell’s explosive Motion to Compel the prosecution to turn over a trove of discovery documents and information that U.S. attorneys had failed to provide. She argued quite emphatically how the evidence she was requesting was exculpatory in nature and should be provided to Mr. Flynn and his legal team under the Brady rules.

The prosecutors responded to the motion on October 1, 2019 largely stating that every piece of evidence demanded was already provided, was not relevant, did not exist or was not helpful. Instead, they continually asserted that Flynn had already plead guilty, knowing at the time there had already been ‘arguably exculpatory evidence’ provided. However, Flynn refused to change his plea. They further argue that in so doing, Flynn waived his right to any further discovery. The prosecution also argued that even now Flynn has indicated he will not be withdrawing his guilty plea.


Although Flynn’s attorneys have until the end of October to reply the prosecutor’s response to the motion, on October 15, 2019 Powell entered an addendum to the original Motion to Compel to produce newly discovered Brady evidence. In it she requests the production of data and metadata of two Blackberry devices now in the government’s possession that had belonged to Joseph Mifsud.


Flynn October 15 Motion

Joseph Mifsud is the shady Maltese professor infamously known as the man who supposedly offered emails and “dirt” on Hillary Clinton from Russia to George Papadopolous. This encounter was later revealed to have played a pivotal role in launching the so-called Trump Russia investigation. According to the Washington Examiner, Attorney General William Barr and U.S. Attorney John Durham “recently flew to Rome to meet with Italian intelligence to obtain government information on Mifsud and listen to a secret recording of the elusive academic.”

It is on the heels of this trip that Powell is requesting the data and metadata recovered from these two phones. Powell clearly believes she is onto something here as indicated in her court filings, with two particular items of note. First, she has provided the phones’ identifiers including SIM Card, model, IMEI and PIN numbers for each of them, even though she acknowledges the devices were only recently acquired by the Government. Second, is this statement:

The key phrase of interest here is “…specifically to the “OCONUS LURES” and agents that western intelligence tasked against him (Flynn) as early as 2014.”  OCONUS is a term used by various Government agencies referring to “Outside the Continental United States.” Lures, in this instance, appears to be referring to spies or intelligence assets. We have seen this turn of phrase before, more specifically by Peter Strozk and Lisa Page and their thread of text messages released to the public by the Senate Homeland Security Committee in June 2018.

Appendix C – Senate Homeland Security Committee

At the time these text messages were released, many, including the president himself, believed it had to do directly with him. The tweet below was in response to the release of these documents by the Senate and further compared with an earlier version released from the DOJ IG that had redacted the word “lures.”

With a new light being cast, perhaps it had more to do with Mifsud and Flynn. According to the Daily Beast:

The Daily Beast has learned that Barr and Durham were especially interested in what the Italian secret service knew about Joseph Mifsud, the erstwhile professor from Malta who had allegedly promised then-candidate Donald Trump’s campaign aide George Papadopoulos he could deliver Russian “dirt” on Hillary Clinton. The Italian justice ministry’s public records show that Mifsud had applied for police protection in Italy after disappearing from Link University, where he worked and, in doing so, had given a taped deposition to explain just why people might want to harm him.

A source in the Italian Ministry of Justice, speaking on the condition of anonymity, told The Daily Beast that Barr and Durham were played the tape. A second source within the Italian government also confirmed to The Daily Beast that Barr and Durham were shown other evidence the Italians had on Mifsud.

With Barr and Durham returning from their early October trip looking into Mifsud, Sidney Powell, armed with serial numbers and a name, made the request to prosecutors on October 11, 2019 and followed with the addition to her original motion on October 15, 2019 to produce the phones’ data and metadata in question. The prosecutors responded to Powell’s initial October 11th request on the fifteenth stating,  “If we determine that they contain information that is discoverable or that is relevant to sentencing, we will produce them to you.

Stay tuned to Patriots’ Soapbox as this story continues to develop.

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