This story is developing.
Stunning documents withheld for years from former National Security Advisor Michael Flynn’s defense reveal that the retired three-star general did not commit any crimes, as suggested by Department of Justice prosecutors in former Robert Mueller’s special counsel investigation, his attorney said.
The new evidence was turned over to Sidney Powell, Flynn’s defense lawyer, by U.S. Attorney Timothy Shea, who obtained the information after an extensive review by attorneys appointed by U.S. Attorney General William Barr to review Flynn’s case. Barr’s team included United States attorney in St. Louis, Jeff Jensen, who is handling the Flynn matter, along with prosecutors from the office of the deputy attorney general, Jeffrey A. Rosen.
The documented evidence was sent to Powell by Shea but is under court seal.
“The enclosed documents were obtained and analyzed by USA EDMO in March and April 2020 and are provided to you as a result of this ongoing review; additional documents may be forthcoming. These materials are covered by the Protective Order entered by the Court on February 21, 2018,” Shea’s letter to Powell states.
Powell, who could not discuss the exact contents of the Brady material she has now obtained but has been fighting for since taking Flynn’s case, told SaraACarter.com the material exonerates her client.
“What else has the FBI buried,” said Powell to this reporter Friday. “Where’s the original 302? And obviously some of the good agents are finally stepping up.”
In the supplement to Flynn’s motion to dismiss his case for egregious government misconduct Powell stated Friday that “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.”
“It also defeats any argument that the interview of Mr. Flynn on January 24 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,” she added.
According to the documents produced by the government Powell “has found further evidence of misconduct by Mr. Van Grack specifically,” referring to the DOJ prosecutor in Flynn’s case, Brandon Van Grack.
“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,” she states in the motion.
“Since August 2016 at the latest, partisan FBI and DOJ leaders conspired to destroy Mr. Flynn,” Powell argued to the court in the motion. “These documents show in their own handwriting and emails that they intended either to create an offense they could prosecute or at least get him fired. Then came the incredible malfeasance of Mr. Van Grack’s and the SCO’s prosecution despite their knowledge there was no crime by Mr. Flynn.”
“All this new evidence, and the government has advised there is more to come, proves that the crimes were committed by the FBI officials and then the prosecutors,” Powell’s motion to dismiss Flynn’s case states. “The government’s misconduct in this case is beyond shocking and reprehensible. It mandates dismissal.”
“Furthermore, this Court should order the government immediately to provide the defense with unredacted copies of the documents we have filed under seal solely in an abundance of caution because the government produced them under the protective order, and we request that they be unsealed as provided herein as Exhibit 3,” the motion states.
Powell, who has had a long battle to obtain the evidence and is still fighting to obtain information from FBI Director Christopher Wray, who replaced fired FBI Director James Comey said, “this Court must dismiss this concocted prosecution of General Flynn in full recognition of the travesty of justice that it is.”
Jennie S. Taer contributed to this report.
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