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.