Questions have swirled around the Flynn prosecution from the very beginning. But only recently have we seen just how dirty the prosecution had played their hand against him.
Just because you’re a government official out of favor with government insiders should NOT mean you forfeit the rights of an ordinary citizen.
Rights that include your lawyer having full access to exculpatory evidence.
It’s called ‘due process’… and it looks and awful lot like high-ranking officials were playing fast-and-loose with General Flynn’s civil rights.
First, there was Comey advising Flynn that he didn’t need his lawyers present for the very conversation they hung him out to dry on. He wasn’t offered any chance to review the transcripts Comey was in possession of as a memory aid. (Or, as Comey would say it, ‘une aide de memoire‘.)
Next, there was the FBI memo saying there was zero evidence of Flynn attempting to deceive the agents he had spoken with.
But the BIG story is this one:
A bombshell revelation was barely noticed at National Security Advisor Michael Flynn’s hearing Tuesday, when his counsel revealed in court the existence of a Justice Department memo from Jan. 30, 2017 exonerating Flynn of any collusion with Russia. The memo, which has still not been made available to Flynn’s attorney Sidney Powell, is part of a litany of Brady material she is demanding from prosecutors. The memo is currently under protective order and Powell is working with prosecutors to get it disclosed, SaraACarter.com has learned.
How big is it? Big enough to ruin even Nadler’s hopes of getting Trump on ‘obstruction’.
Powell will likely seek to have case dismissed for ‘egregious’ prosecutorial misconduct and withholding of exculpatory material.
“Judge Sullivan is obviously taking the Brady issues very seriously and clearly told the prosecutors that his Brady order stands regardless of the plea agreement or the plea,” Powell told SaraACarter.com. “If the prosecutors here were seeking justice instead of a conviction, General Flynn would not have been prosecuted. They have been hiding evidence that he was exonerated in early 2017.”
Powell noted the extraordinary misconduct of the government during the hearing. She also said that Flynn would have never pleaded guilty if the government had disclosed the Brady materials before the original trial that she is now demanding. There would not have been a plea if the prosecutors had met their Brady obligations, Powell argued before the court.
Powell’s discovery of the memo shatters not only the narrative that was pushed by former Obama Administration officials regarding Flynn but also the ongoing narrative that President Donald Trump’s concern over Flynn’s prosecution amounted to alleged obstruction.
(Her story goes into detail how, exactly, this memo creates a real problem for Comey.)
Does the judge need to dismiss this case as an example of weaponized political power?