In another dramatic turn of events U.S. District Court Judge Emmet Sullivan — who is overseeing the case of former National Security Advisor Army Lt. Gen. Michael T. Flynn–has canceled the upcoming November hearing based on an explosive brief submitted by Flynn’s defense attorney.
Sullivan stated in an order submitted Monday that “in view of the parties’ comprehensive briefing concerning  Defendant’s Motion to Compel Production of Brady Material, the Court cancels the motion hearing previously scheduled for November 5, 2019.”
The order to cancel is significant. Powell had filed a brief in response to federal prosecutors that claimed they had already given the defense team all the evidence that was required under the law. Her explosive response was made public last week and contained minimal redactions.
Powell told SaraACarter.com that the “defense looks forward to reading Judge Sullivan’s order because the government has obviously been hiding evidence.”
The brief contained information that FBI officials may have altered their 302 report of Flynn’s first interview with them at the White House on Jan. 24, 2017, as reported. The interview was conducted by now fired FBI Special Agent Peter Strzok, whose texts messages later revealed he was vehemently anti-Trump and current FBI Special Agent Joe Pientka, who has never spoken publicly on the matter. In December, 2017 this reporter revealed that it was Strzok who had interviewed Flynn and that the interview itself was a set-up.
Powell noted that “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.”
Then, according to documents, “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.”
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Based on Sullivan’s cancellation of the hearing, Powell may be right. The mostly unredacted brief released last week contained significant issues and evidence presented by Powell that reveal the government is still withholding evidence from the defense despite Sullivan’s order that everything must be turned over.
Sullivan’s decision to move forward without hearing the government’s repeated denials “that it has produced all the evidence that Flynn is entitled too” is expected to boomerang on the prosecution. One possibility is that Sullivan can demand that all the Brady material be turned over and he could also hold the prosecutors in contempt of court for failing to do so.
Powell’s Explosive Brief
Why? Because Powell’s 37 page brief last week was a motion to compel the government to hand over all the evidence required by Brady, and her list of evidence that is still being withheld from her client is long. She revealed pertinent new evidence that her defense team uncovered, which showed there was a strong effort by the government to entrap Flynn as far back as his first interview with the FBI in January, 2017.
Her brief contained a litany of problems with the prosecutions case and she asked Sullivan to dismiss all the charges against Flynn.
She noted in the brief that “high-ranking FBI officials orchestrated an ambush-interview of the new president’s National Security Advisor, not for the purpose of discovering any evidence of criminal activity—they already had tapes of all the relevant conversations about which they questioned Mr. Flynn—but for the purpose of trapping him into making statements they could allege as false.”
Further, she revealed concrete evidence that the government is still holding onto significant Brady material that would fully exonerate her client. It would also hold responsible senior federal law enforcement and Justice Department officials who distorted facts and leaked lies to the media about the three-star general.
Because of this, Powell is asking that the court require that the government produce all evidence related to Flynn. She is also urging the court to hold prosecutors in contempt and “dismiss the entire prosecution for outrageous government misconduct.”