Flynn debacle: DOJ loses notes, ‘forgets’ memo exonerating him

(Photo by Alex Wroblewski/Getty Images)

A hearing for former national security adviser Michael Flynn revealed what his attorney is calling  “egregious conduct” by the government and even “hiding evidence.”

Flynn’s legal team may be seeking to get the case against him thrown out based on “stunning failures” by the prosecution and the bombshell disclosure of a Justice Department memo from 2017 that “exonerates” the retired United States Army Lieutenant General, Fox News reported.

At a scheduled status conference Tuesday with US District Judge Emmet Sullivan in federal court in Washington, Flynn’s defense attorney, Sidney Powell, identified discrepancies in 302 reports and notes taken by FBI agents, as well as the key memo which is part of a larger trove of Brady material that has still not been turned over to Flynn’s team despite the ruling in the Supreme Court case, Brady v. Maryland, requiring the government to disclose all exculpatory evidence.

“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,” Powell said.

In the discussion on the status of the case and Sullivan’s indication that he’d like a tentative sentencing date of Dec. 18, Flynn’s defense argued that classified documents have been blocked and the Department of Justice is withholding materials that could be critical in the case against Flynn, who pleaded guilty in 2017 to lying to the FBI about contacts with a Russian agent.

“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 “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 also told the court that they had “identified material differences between the agents’ notes from their interviews of Mr. Flynn on the 24th and the 302 they produced,” referring to the summary report based on the FBI interview when Flynn was effectively ambushed.

The Justice Department claimed it does not have the original Flynn 302.

“They say they don’t have it, but it would certainly be in the FBI’s computer system. Things don’t disappear like that. So that still needs to be produced,” Powell argued before the judge.

Prosecutors maintained that all documents related to the FBI’s interview of Flynn were turned over to Flynn’s attorneys ahead of the plea deal.

The Jan. 30, 2017 DOJ memo exonerating Flynn will put a new focus on former FBI Director James Comey as far as the timing of the document and his private meetings with President Trump.

“Why didn’t Comey reveal to Trump that DOJ found no evidence that Flynn was an ‘agent of Russia’ when he met Trump at the White House on Feb. 14 meeting? Why were the stories about Flynn, along with classified information regarding his phone conversations with the former Russian Ambassador Sergey Kislyak, leaked to the Washington Post in January, with a followup in early February?” Sara Carter asked.

“Further, new information that former FBI Deputy Director Andrew McCabe advised that there was no Logan Act violation, along with the DOJ internal memo of Jan. 30 that Flynn ‘was not an agent of Russia,’ was enough information for Comey to advise the President that Flynn had been cleared of any wrongdoing. Instead, Comey claimed obstruction of justice by the President,” Carter continued.

Comey had accused the president of obstructing justice when he reportedly asked him to drop the case against Flynn back in 2017. But if the memo existed clearing Flynn, and Comey had made it public, the accusations against him conspiring with Russian agents would have been cleared.

The disclosure of the memo clearing Flynn, which is under protective order, could ultimately take down the obstruction narrative by House Intelligence Committee Chairman Adam Schiff and other former Obama administration officials.


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