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In supplemental court documents filed under seal by the Department of Justice Friday, the lawyers for General Michael Flynn, President Trump’s former national security adviser, say they have previously undisclosed evidence that proves that Flynn was “deliberately set up and framed by corrupt agents at the top of the FBI.”
“This afternoon, the government produced to Mr. Flynn stunning Brady evidence that proves Mr. Flynn’s allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI,” the supplemental filing submitted by Flynn’s attorney Sidney Powell reads. “It also defeats any argument that the interview of Mr. Flynn on January 24, 2017 was material to any ‘investigation.’ The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.”
“Brady” is a reference to a landmark Supreme Court decision establishing that the prosecution must turn over all evidence to the defense that might exonerate the defendant.
“In addition, Mr. Flynn’s counsel has found further evidence of misconduct by [head prosecutor Brandon Van Grack] specifically,” the filing continues. “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 expressly to avoid the requirement of Giglio v. United States , 405 U.S. 150 (1972). Exs. 1, 2.”
That “side deal,” as National Review explains, was allegedly made with Flynn’s former defense team “to not prosecute Flynn’s son — despite threatening to Flynn that he would do so — in order to get Flynn to plead guilty.” The court documents include heavily-redacted emails from 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,” National Review highlights.
Flynn is currently attempting to withdraw his guilty plea for allegedly lying to the FBI about his contacts with a Russian ambassador during Trump’s presidential transition, which, as the filing makes clear, Flynn says was a set up. Amid past reports of FBI malfeasance, President Trump has signaled that he may fully pardon Flynn.
“So now it is reported that, after destroying his life [and] 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,” Trump tweeted last month. “I am 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
On Friday, The Federalist reported that an FBI official told the outlet that the documents filed under seal Friday contain “significant exculpatory information” about Flynn and that “FBI general counsel Dana Boente led the charge internally against DOJ’s disclosure of the new materials.”
“Boente, who briefly served as acting Attorney General after Trump became president, personally signed off on one of the federal spy warrants against former Trump campaign affiliate Carter Page,” The Federalist notes. “The new documents, which were filed under a protective order by DOJ on Friday, will reflect poorly on the FBI, the official told The Federalist.”
Politico has also reported on the filing and points out that Powell commented on the newly revealed information on social media Friday, specifically citing the Brady rule. “The government just provided the #Flynn defense with remarkable new [and] long withheld BRADY evidence. Stay tuned,” she tweeted.
#BREAKING The government just provided the #Flynn defense with remarkable new & long withheld BRADY evidence. Letter below just filed. Stay tuned.@realDonaldTrump @Techno_Fog @seanmdav @seanhannity @ProfMJCleveland @BarbaraRedgate @JosephJFlynn1 @lofly727 @GoJackFlynn pic.twitter.com/06dS1ybv6L
— Sidney Powell 🇺🇸⭐⭐⭐ (@SidneyPowell1) April 24, 2020
“Federal prosecutors are studying more than 100 pages of new written declarations from former national security adviser Michael Flynn’s ex-lawyers as the Justice Department decides how to respond to Flynn’s bid to unwind his guilty plea on the grounds that his old legal team failed to give him proper advice,” Politico reports.
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