Nation
Former Flynn Defense Counsel Covington and Burling ‘just now found additional docs’ In Flynn File
Former National Security Advisor Michael Flynn’s previous defense team turned over recently discovered emails and handwritten notes Wednesday to his new counsel, suggesting that the delay in turning over the documents were due to technical issues since being ordered by the presiding federal judge six months ago to turn over all documents.
On July 25, 2019 presiding Federal Judge Emmet T. Sullivan, ordered the well-known law firm of Covington and Burling LLP to ‘promptly turn over the entire file’ on Flynn to his new defense attorney Sidney Powell. The order was made under threat of a hearing before the District of Columbia Ethics Counsel. The law firm turned over what is described as a ‘voluminous’ amount of documents but it apparently wasn’t all the documents. On Wednesday, the law firm turned over more documents and suggested in a supplemental notice filed with the court that there may be even be more documents not yet produced.
“In reviewing materials in response to the Court’s March 6, 2020 Order (Doc. 174) to respond to Mr. Flynn’s specific allegations in his Supplemental Motion to Withdraw Plea of Guilty, however, we have found emails and two pages of handwritten notes that were not previously transferred to successor counsel,” the notice submitted by Flynn’s former lawyers Robert Kelner and Stephan P. Anthony stated. “With respect to the emails, this appears to have resulted from errors in the process of collecting and searching electronic materials that were not contained in the working case file. The two pages of notes appear to have been inadvertently missed during the file transfer process.”
Flynn’s new defense team is combing through the new trove of documents, suggesting that the appropriate action by the DOJ would be to dismiss Flynn’s case entirely based on egregious government misconduct.
“It’s an interesting new production of documents from the Flynn file. It will be even more interesting to see what the firm has to say about them. We are really looking forward to a hearing in court on all the issues that will exonerate General Flynn,” said Powell, who spoke to SaraACarter.com.
“Meanwhile, the government still refuses to produce the original 302 and the DOJ memo of January 30, 2017 that exonerated him of any Russia issue, and it still refuses to dismiss the case because of the egregious government misconduct from the inception of this persecution—including slipping an FBI Agent secretly into a presidential briefing in August 2016—before the election—to collect information on nominee Trump and General Flynn,” she added. “The country and Justice would be best served if the DOJ would take responsibility for these outrageous actions and the deliberate attempted destruction of an honorable man. The agents who interviewed him knew he was honest with them. They later altered the 302 until it was approved by Andrew McCabe.”
Last week, a status report was filed by prosecutors to delay the anticipated April 3 status report hearing to April 24. Justice Department prosecutors contend that the documents provided by Flynn’s former legal counsel “are voluminous, span numerous topics that arose during Covington’s 30-month representation of Mr. Flynn, and include many pages of sometimes difficult-to-decipher handwritten notes.”
“The government needs additional time to digest this information and any additional information that Covington may provide,” the status report stated.
“In order to allow the government adequate time to review the materials that have been produced and to request, receive, and review any follow-up information or documents, the government respectfully asks this Court to allow the government three additional weeks to provide a further status update and, if feasible, a proposed briefing schedule,” the prosecutors stated.
Elections
Pennsylvania ‘Ground Zero’ for Presidential Victory as Election Integrity Lawsuits Increase
Lawsuits are springing up in Pennsylvania, which has become “ground zero” for whoever will become the presidential election winner, states Just the News. Trey Gowdy, R-S.C.,
Says “Elections have become like an economic stimulus plan for lawyers.”
“Pennsylvania is a train wreck … you’ve got overseas ballot issues, you’ve got what they call naked ballot issues,” he added. “I mean there’s a reason that people were focused on Pennsylvania – the race and the Senate may come down to that state.
More than $538 million in advertising dollars have been poured into Pennsylvania by both political candidates and parties, the most of any swing state. “I just wish courts would stop allowing themselves to be politicized and being perceived as political. But in Pennsylvania, the Supreme Court just looks like an extension of the Democrat party, and that’s how you get where we are today” added Gowdy.
The RealClearPolitics polling average shows Trump up nationwide by half a point over Harris. In Pennsylvania, Trump is ahead of Harris by seven-tenths of a point, according to RealClearPolitics polling average.
There have been numerous lawsuits in the state over election procedures and administration, which Just The News lays out:
Former President Donald Trump’s campaign and the Republican National Committee won a lawsuit against Bucks County, Pa., to extend early voting by three days.
The deadline to vote early in Pennsylvania was Oct. 29. There were long lines in Bucks County, according to local reports. While the Pennsylvania Department of State stated that everyone who was in line before 5 p.m. could submit an application for a mail-in ballot, there were allegations that voters were turned away before that time.
“PENNSYLVANIA LAWSUIT VICTORY: We just won the Trump Campaign/RNC lawsuit against Bucks County, PA. We will now have extended early in-person mail-voting through November 1st — three extra days. We will keep fighting. Go vote! Stay in line!” RNC Chairman Michael Whatley posted on X on Wednesday.
Meanwhile, a federal judge ruled against GOP congressmen from Pennsylvania who filed a lawsuit against the secretary of the commonwealth over allegedly lax requirements for military and overseas voters.
U.S. District Judge Christopher Conner dismissed the lawsuit, ruling that the congressmen “delayed too long to file their action, they lack standing, they have failed to join indispensable parties, and they have failed to articulate a viable cause of action.”
In another case, the Pennsylvania Democratic Party on Wednesday sued a competitive swing county in the state’s northwestern corner over its alleged handling of mail ballots, after reports indicate that some voters are still waiting to receive their ballots.
The lawsuit was filed in state court and reports that only 52% of ballots in Erie County had been returned as of Monday, which is significantly lower than the national average, and is one of the lowest in the state, according to Politico.
The case alleged that county election officials sent the wrong ballots to hundreds of voters, and that thousands have not received their ballots yet. It also noted that the United States Postal Service claimed it is trying to locate 1,800 mail ballots from the county’s vendor, which the service said it had never received.
Regarding another lawsuit, the U.S. Supreme Court on Friday unanimously agreed to allow a Pennsylvania ruling to remain that lets voters whose mail-in ballots are rejected for technical reasons have their votes still count if they vote again by provisional ballot.
The appeal to the U.S. Supreme Court was led by the RNC, which claimed the Pennsylvania Supreme Court “misread” the Pennsylvania Election Code. The state statute says a “provisional ballot shall not be counted” if the mail ballot was still received by county election officials in a timely manner.
The Pennsylvania Supreme Court ruled the prior week that voters can still cast provisional ballots in person this November if mail ballots are rejected for failing to follow procedural directions, such as not including the mandatory secrecy envelopes, which voters are required to sign and date.
It is unclear how many voters will be impacted as a result of the Supreme Court’s order, because some counties do not notify voters of an error on their ballots. These errors include failing to include secrecy envelopes and failing to sign or date the outer envelope, according to CBS News.
As lawsuits are ongoing in the commonwealth ahead of Election Day, counties are finding election irregularities. Five Pennsylvania counties are investigating possible fraudulent voter applications and mail-in ballot applications in the days and weeks leading up to Election Day.
On Tuesday, Monroe County District Attorney Mike Mancuso announced that about 30 irregular voter applications and mail-in ballot request forms are being investigated by his office, with several of them “found to be fraudulent.” One applicant was deceased and several forms were from one person.
“A company calling itself ‘Field and Media Corps’ a subsidiary of Fieldcorps, an Arizona based for-profit LLC, working out of Lancaster County, in turn was responsible for submitting the forms in question to county officials,” Mancuso said.
York County is also investigating a large delivery it received of voter registration forms and mail-in ballot applications.
York County Chief Clerk Greg Monskie told Votebeat on Wednesday that Field+Media Corps submitted the forms that are under investigation. Monskie explained that Field+Media Corps received the forms from the national voter registration nonprofit Everybody Votes campaign.
Everybody Votes told Votebeat that it had not been contacted by the counties of Lancaster, Monroe, or York regarding ongoing investigations, but that it would help resolve any issues with forms if contacted. ”Our partners work diligently to ensure all forms collected comply with all rules and regulations,” Everybody Votes said in a statement.
York County said that of the 3,087 voter registration applications it is reviewing, about 47% of them were verified and approved; about 29% had incomplete information, which requires additional information from applicants before approval; and about 24% were declined and are receiving further review, 85% of which were duplicate requests.
Meanwhile, in Lancaster County, prosecutors said last month they had uncovered a large-scale scheme to submit fraudulent voter applications that were collected at shopping malls and other locations. Lancaster County District Attorney Heather Adams told a news conference that detectives have found about 60% of some 2,500 voter registrations submitted in recent days to the county’s election office were fraudulent.
Adams added that she was aware of at least two other counties that may have similar concerns about recent voter registration applications dropped off in large batches.
Cambria County, Pa., also rejected 21 voter registration applications earlier this month after the district attorney’s office investigated and found them to be fraudulent. The applications were submitted by a group after a voter registration event, but the name of the group was undisclosed.
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