Flynn Hearing Cancelled: Attorney Claims FBI Manipulated Files

by Daveda Gruber:

U.S. District Judge Emmet Sullivan cancelled a hearing that was scheduled for next week in regards to a case pertaining to ex-National Security Adviser General Michael Flynn.

Sullivan wrote, “In view of the parties’ comprehensive briefing concerning 109 Defendant’s Motion to Compel Production of Brady Material, the Court cancels the motion hearing previously scheduled for November 7, 2019.”

Flynn’s attorney Sidney Powell filed a 161-page brief demanding the government produce all evidence related to Flynn. The brief encouraged the court to “dismiss the entire prosecution for outrageous government misconduct” and hold the prosecutors in contempt.

Powell tweeted:

The document was filed last week. It alleges that FBI agents manipulated official records of Flynn’s 2017 interview that led to him being charged with lying to investigators.

The case against Flynn began after a 2017 FBI interview, in which Flynn was asked about his conversations with former Russian Ambassador Sergey Kislyak.

In the end, Flynn pleaded guilty to making false statements in regard to conversations that took place during his interview which was part of former Special Counsel Robert Mueller’s investigation.

Powell has alleged in the court filings that FBI officials manipulated Flynn’s FBI 302, which is a form used by agents to report or summarize interviews. It is alleged that the form was edited and by the way, ex-FBI agent Peter Strzok was involved in the original interview that took place.

In response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote [on sanctions], Powell wrote, “Those changes added an unequivocal statement that ‘Flynn stated he did not.’ 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 the issue. He had talked to dozens of countries.”

Powell also alleged that agents added the phrase, “or if Kislyak described any Russian response to a request by Flynn.”

Powell went on to write, “That question and answer does not appear in the notes, yet it was made into a criminal offense. The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.”

It is also alleged by Powell that on January 23, 2017, which was the day before the FBI interviewed Flynn at the White House, “the upper echelon of the FBI met to orchestrate” strategies that would have Flynn talk “in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target.”

Powell added, “In short, they planned to deceive him about the entire scenario, and keep him ‘unguarded.’”

Powell went on to mention newly discovered text messages between former FBI agent, Peter Strzok and former FBI lawyer Lisa Page during the days following the publication of the scandalous anti-Trump dossier, along with media leaks from the FBI and Justice Department. Brought to light, as well, were details surrounding the unexpected recusal of the former judge overseeing the case, U.S. District Judge Rudolph Contreras.

Prosecutors have adamantly denied any claim that they were or are now hiding evidence.

Flynn’s sentencing is still up in the air but the new attorneys are seeking to get the charges dropped even though it is stated by counsel that Flynn doesn’t intend on withdrawing his guilty plea.

At this time Sullivan has set a December 18th sentencing date.

We will have to wait and see if the date gets moved again.

Will Flynn Case be Dismissed?

by Daveda Gruber:

On Tuesday General Michael Flynn’s legal team has indicated that they are seeking to have the case against Flynn thrown out of court.

The former national security advisor’s relatively new legal team is accusing the prosecution of “egregious conduct and suppression” of possibly exculpatory evidence.

Fynn’s legal team headed by defense attorney, Sidney Powell, in a status conference in federal court in Washington, said, “There never would have been a plea to begin with if the government had disclosed Brady information about what it knew before the plea agreement.”

The Supreme Court case of Brady vs. Maryland established the government’s obligation to turn over all exculpatory evidence. Flynn lawyers have issued a complaint that references that case.

There have been months of delays in the Flynn case. On Tuesday, U.S. District Judge Emmet Sullivan indicated he would like to set a tentative sentencing date of December 18th.

Powell said, “There is far more at stake here than sentencing. There were stunning failures to produce Brady material, going back to July of 2017.”

Prosecutors have strongly rejected that contention and have said that “the government has exceeded its discovery and disclosure obligations in this matter.” That includes providing Flynn with more than 22,000 pages of documents.

In 2017 Flynn pleaded guilty to providing false statements to the FBI during an interview about his contacts with the former Russian Ambassador Sergey Kislyak.

The entire case against Flynn was a part of former Special Counsel Robert Mueller’s Russia investigation.

Powell has accused the Justice Department of withholding documents critical to Flynn’s defense. Powell is demanding access to classified materials she maintains the government has blocked them from viewing.

Included in the documents that have been denied to Flynn’s legal team are FBI documents surrounding the actions of Bruce Ohr, who is a former high-ranking official at the Department of Justice (DOJ).

Ohr had multiple contacts with the author of the infamous Trump dossier, Christopher Steele.

Powell has alleged that there is an internal DOJ memo that “exonerates” Flynn from being a Russian agent. The prosecution allegedly had this information in their possession and failed to disclose this information before Flynn signed his plea deal.

For now, Powell disclosed that Flynn doesn’t plan to withdraw from the plea deal.

Powell said, “There never would have been a plea to begin with if the government had disclosed Brady information about what it knew before the plea agreement”

Prosecutor Brandon Van Grack has a different take on it. He argued that the charge Flynn pleaded guilty to was lying about his contacts with the Russian government, not of being a Russian agent.

Flynn was never charged with being a Russian agent.

The defense team for Flynn wants all the documents surrounding the FBI’s interview of Flynn.

Flynn’s defense team also wants all the documents surrounding the FBI’s interview of Flynn. Prosecutors stated that they have already turned all those documents over to Flynn’s team before the plea deal.

Powell claims that there is another document that hasn’t been released.

Powell said, “It would be in the FBI computer system.”

It is also alleged that there is evidence that Flynn passed a polygraph test.

Powell said, “There is just a plethora of information out there that we need the actual documents to support and the notes to support.”

In court documents Powell has compared the government’s conduct toward Flynn to the case of former Alaska Senator, Ted Stevens.

That case ended with U.S. District Court Judge Emmet Sullivan, who is the same judge in the Flynn case, finding prosecutorial misconduct.

A year ago, government prosecutors said that they would ask Sullivan to spare Flynn any jail time because of his “extensive cooperation” in the Mueller investigation.

Will Flynn go free? Do you stand with General Flynn? I hope so because I stand with Flynn.

The man is an American hero who has been put through a grinder because people involved in the Russian probe were biased to the extreme that they hated President Trump and were desperate to find a way to destroy a legally elected president of the US.

Now we wait. A court hearing on “Brady” material is set for October 31st.