90 Miles From Tyranny : Flynn’s Lawyer to Prosecutors: Give Us Exculpatory Information, Then We’ll Move to Have Case Dismissed

Monday, November 4, 2019

Flynn’s Lawyer to Prosecutors: Give Us Exculpatory Information, Then We’ll Move to Have Case Dismissed



Retired Lt. Gen. Mike Flynn’s lawyer has told a federal judge that Flynn first wants the prosecutors to hand over a plethora of information that he believes is exculpatory and then, partly based on that information, Flynn will ask the judge to dismiss the case.

“At the appropriate time, Mr. Flynn will file a separate motion asking that the Court dismiss the prosecution for egregious government misconduct and in the interest of justice,” lawyer and former prosecutor Sidney Powell said in a Nov. 4 court filing (pdf). “Mr. Flynn is entitled to discovery of the materials he has requested … that will help him support such a motion.”

Flynn pleaded guilty on Nov. 30, 2017, to one count of lying to the FBI. He’s been expected to receive a light sentence, including no prison time, after extensively cooperating with the government on multiple investigations.

In June, he fired his lawyers and hired Powell, who has since accused the prosecutors of withholding exculpatory evidence or providing it late. She has also alleged that the government had no proper reason to investigate in the first place. The prosecutors said Flynn was already given all the evidence he was entitled to and that the FBI was in the right to interview Flynn.

Flynn, former head of the Defense Intelligence Agency, was interviewed by two FBI agents, Joe Pientka and Peter Strzok, on Jan. 24, 2017, two days after he was sworn in as President Donald Trump’s national security adviser.

The prosecutors argued that the FBI had a “sufficient and appropriate basis” for the interview because Flynn days earlier told members of the Trump campaign, including soon-to-be Vice President Mike Pence, that he didn’t discuss with the Russian ambassador the expulsion of Russian diplomats in...

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