A prosecutor reviewing the case against former Trump adviser Lt. Gen. Michael Flynn uncovered “stunning … evidence that proves Mr. Flynns allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI,” Flynns lawyer, Sidney Powell, said in an April 24 court filing.
The evidence was filed with the court and a redacted copy was provided to the defense on April 24 under a protective order and is thus inaccessible to the public. Within hours, Powell submitted a filing requesting the court to unseal the documents and order the government to give them to Flynn unredacted.
Powell also submitted two emails which indicate prosecutors made an under-the-table deal with Flynns previous lawyers to not prosecute his son in exchange for Flynns cooperation with multiple investigations.
Flynn, former head of the Defense Intelligence Agency and former national security adviser to President Donald Trump, pleaded guilty on Dec. 1, 2017, to one count of lying to FBI agents.
Jeffrey Jensen, U.S. attorney for the Eastern District of Missouri, has been reviewing the Flynn case at the direction of Attorney General William Barr since January.
The review “has involved the analysis of reports related to the investigation along with communications and notes by Federal Bureau of Investigation (“FBI”) personnel associated with the investigation,” said Timothy Shea, U.S. attorney for the District of Columbia, in an April 24 email (pdf) to the defense filed with the court.
The new documents “were obtained and analyzed by” Jensen in March and April, Shea said. “Additional documents may be forthcoming.”
In Their Own Handwriting
The new evidence “defeats any argument that the [FBI] interview of Mr. Flynn on January 24, 2017 was material to any investigation,” Powell wrote. “The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.”
The documents “show in their own handwriting and emails” that “partisan” FBI and Justice Department (DOJ) leaders “intended either to create an offense they could prosecute or at least get [Flynn] fired,” Powell said.
Reiterating Flynns demand for the case to be dismissed, she said “the governments misconduct in this case is beyond shocking and reprehensible.”
Powell has argued that the investigation of Flynn, officially for his supposed “relationship” with Russia, was a pretext to target Trump.
Trump said in a March 15 tweet he was “strongly considering” a pardon for Flynn.
Missing Documents, Plea Withdrawal Request
Powell previously asked Judge Emmet Sullivan to order the government to hand over a plethora of documents Powell said were exculpatory to Flynn. Among them, the original draft of the FBI report from the Flynn interview.
She said the case should be dismissed for government misconduct, including for withholding the documents. Sullivan denied the request in December, but new information has been gradually turning up in the case.
On Jan. 7, prosecutors asked for zero to six months in prison for Flynn, a somewhat harsher recommendation than what Flynn expected based on the cooperation he provided. The prosecutors argued he pulled back his cooperation in a related case against his former business partner Bijan Rafiekian last year.
Flynn asked the court on Jan. 14 (pdf) to allow him to withdraw his original plea, saying the prosecutors violated the terms of the agreement.
Unofficial Side Deal
The emails newly revealed by Powell date back to 2018 and seem to show internal communications regarding the plea deal between Flynns previous lawyers from Covington & Burling.
“We have a lawyers [sic] unofficial understanding that they are unlikely to charge [Flynn] Junior in light of the Cooperation Agreement,” says one heavily redacted email sent on March 19, 2018.
The prosecutors threatened to charge Flynn Jr. based on allegations that Flynns now-defunct consultancy, Flynn Intel Group, lied in its foreign lobbying disclosures.
The second heavily redacted email, dated March 27, 2018, suggests the prosecutors tried to keep the deal regarding Flynns son unofficial to make future prosecutions easier.
“The government took pains not to give a promise to MTF [Michael T. Flynn] regarding Michael [Flynn] Jr., so as to limit how much of a benefit it would have to disclose as part of its Giglio disclosures to any defendant against whom MTF may one day testify,” the email said.
“Giglio” refers to a 1972 Supreme Court opinion that requires prosecutors to disclose to the defRead More From Source