'Mr. Flynn will ask this Court to dismiss the entire prosecution based on the outrageous and un-American conduct of law enforcement officials and the subsequent failure of the prosecution to disclose this evidence.'
Earlier this week, Michael Flynn’s star attorney, Sidney Powell, filed under seal a brief in reply to federal prosecutors’ claims that they have already given Flynn’s defense team all the evidence they are required by law to provide. A minimally redacted copy of the reply brief has just been made public, and with it shocking details of the deep state’s plot to destroy Flynn.
While the briefing at issue concerns Powell’s motion to compel the government to hand over evidence required by Brady and presiding Judge Emmett Sullivan’s standing order, Powell’s 37-page brief pivots between showcasing the prosecution’s penchant for withholding evidence and exposing significant new evidence the defense team uncovered that establishes a concerted effort to entrap Flynn. Along the way, Powell drops half-a-dozen problems with Flynn’s plea and an equal number of justifications for outright dismissal of the criminal charges against Flynn.
What is most striking, though, is the timeline Powell pieced together from publicly reported text messages withheld from the defense team and excerpts from documents still sealed from public view. The sequence Powell lays out shows that a team of “high-ranking FBI officials orchestrated an ambush-interview of the new president’s National Security Advisor, not for the purpose of discovering any evidence of criminal activity—they already had tapes of all the relevant conversations about which they questioned Mr. Flynn—but for the purpose of trapping him into making statements they could allege as false.”
While the briefing at issue concerns Powell’s motion to compel the government to hand over evidence required by Brady and presiding Judge Emmett Sullivan’s standing order, Powell’s 37-page brief pivots between showcasing the prosecution’s penchant for withholding evidence and exposing significant new evidence the defense team uncovered that establishes a concerted effort to entrap Flynn. Along the way, Powell drops half-a-dozen problems with Flynn’s plea and an equal number of justifications for outright dismissal of the criminal charges against Flynn.
What is most striking, though, is the timeline Powell pieced together from publicly reported text messages withheld from the defense team and excerpts from documents still sealed from public view. The sequence Powell lays out shows that a team of “high-ranking FBI officials orchestrated an ambush-interview of the new president’s National Security Advisor, not for the purpose of discovering any evidence of criminal activity—they already had tapes of all the relevant conversations about which they questioned Mr. Flynn—but for the purpose of trapping him into making statements they could allege as false.”
‘The Upper Echelon of the FBI Met to Orchestrate It All’
First came FBI agent Peter Strzok’s text to FBI attorney Lisa Page “as news of the ‘salacious and unverified’ allegations of the ‘Steele dossier’ dominated the media.” “Sitting with Bill watching CNN. A TON more out. . . We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people,” Strzok told his paramour.
Then, quoting from a sealed statement by Strzok, Powell reveals that over next two weeks, there were “many meetings” between Strzok and [FBI Deputy Director Andrew] McCabe to discuss “whether to interview [] National Security Advisor Michael Flynn and if so, what interview strategies to use.” And “on January 23, the day before the interview, the upper echelon of the FBI met to orchestrate it all. Deputy Director McCabe, General Counsel James Baker, Lisa Page, Strzok, David Bowdich, Trish Anderson, and Jen Boone strategized to talk with Mr. Flynn 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...
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