“One of special counsel Robert Mueller’s former prosecutors, Brandon Van Grack, argued in a Wednesday filing that the case against Michael Flynn should not be dismissed in light of “egregious government misconduct,” because the FBI’s extensive FISA abuse uncovered by the DOJ’s Inspector General “has no relevance to his false statements to the FBI on January 24, 2017.”
“Beyond failing to identify misconduct that satisfies the legal test cited in his own brief — that the misconduct be ‘so grossly shocking and so outrageous as to violate the universal sense of justice’ — the defendant fails to identify any government misconduct in this case,” Van Grack continues.
Except – Flynn attorney Sidney Powell says the FBI excluded crucial information from his ‘302’ form – the original draft of which stated that Flynn was honest with the FBI agents who interviewed him (one of whom was Peter Strzok).
The prosecution filing also argues that a slew of failures that the Justice Department’s inspector general found in the FBI’s handling of surveillance applications merit serious attention but that the faults involved Carter Page, a Trump 2016 foreign policy adviser, and not Flynn.
“The government does not dispute the seriousness of the ‘significant errors and omissions’ described in the Report,” Van Grack wrote. “But the compliance and diligence failures and ‘significant errors’ as they relate to the Page FISA applications do not warrant or necessitate the dismissal of the charge against the defendant.” –Politico
In short – failings by the same cabal within the FBI that handled the Clinton email investigation, the Trump investigation, and the offshoot investigations (Flynn, Stone, etc.) – don’t matter.” (Read more: Zero Hedge, 2/12/2020) (Archive)