Brady material

September 10, 2019 – Attorney Sidney Powell argues General Flynn’s case should be dismissed over ‘egregious government misconduct’

General Michael Flynn and Sidney Powell (Credit: Conservative Treehouse)

“An attorney for Michael Flynn said in federal court Tuesday she may seek a dismissal of charges against the former national security adviser, citing “egregious conduct and suppression” of exculpatory information in the case.

Prosecutors handling the case had a surprise of their own, telling Judge Emmet Sullivan that they are now reserving the option of recommending jail time for Flynn, instead of just probation. Prosecutors with the special counsel’s team last year recommended that Flynn receive probation without jail time because of his substantial cooperation in several investigations.

But Flynn’s situation has changed dramatically since then. He no longer has to meet with the special counsel’s team since the Russia probe has ended. And in Junehe hired a new legal team that has aggressively challenged the government’s investigation of Flynn.

Flynn’s defense attorney, Sidney Powell, told Judge Emmet Sullivan that the legal team has no plans to pull out of a plea deal that Flynn struck with the special counsel on Dec. 1, 2017. Instead, Powell is questioning the basis of the government’s case against Flynn and may seek to have charges thrown out altogether. (Read more: The Daily Caller, 9/10/2019)

September 10, 2019 – Michael Flynn and his attorney, Sidney Powell, return to court – Powell confirms Rosenstein authorized targeting of Flynn Jr. for leverage

“Today Michael Flynn and his attorney Sidney Powell returned to federal court for a status hearing before Judge Emmet Sullivan.  Generally status hearings are uneventful; however, this hearing falls on the heels of an explosive filing by Flynn’s defense outlining allegations of serious prosecutorial misconduct; and claims the DOJ is withholding Brady material.

Before getting into the heart of the proceedings, here is Ms. Sidney Powell appearing on Fox News to discuss the events today.  In this interview Ms. Powell confirms something we have previously presented; Rod Rosenstein authorized Robert Mueller to target Michael Flynn Jr. in order to provide leverage for a Flynn guilty plea.” (Read more: Conservative Treehouse, 9/10/2019)

February 8, 2017 – A DOJ memo clears General Flynn of Logan Act violations but it is never turned over as exculpatory evidence

Today Michael Flynn and his attorney Sidney Powell returned to federal court for a status hearing before Judge Emmet Sullivan.  Generally status hearings are uneventful; however, this hearing falls on the heels of an explosive filing by Flynn’s defense outlining allegations of serious prosecutorial misconduct; and claims the DOJ is withholding Brady material.

(…) “A DOJ memo exists dated February 8, 2017, that clears General Flynn of the Logan Act violation he was accused of violating. (Remember, the “Logan Act” was said by Sally Yates to be a big part of the reason for the FBI to interview Flynn.)

Then Ms. [Sidney] Powell went on to discuss the issues surrounding the missing notes from FBI Agent Joseph Pientka, and the original FD-302 written by Pientka.  The DOJ says they don’t have it.

Judge Sullivan asked Ms. Powell if she was going to withdraw the guilty plea based on the direction she was going.  Ms. Powell said no, and pointed to the possibility of dismissal based on wrongful prosecution; and a case that would never have been brought if all the evidence was visible.

(Read more: Conservative Treehouse, 9/10/2019)

January 30, 2017 – A Justice Department memo exonerates Flynn of any collusion with Russia but it is never turned over as exculpatory evidence in his defense

Michael Flynn (Credit: The New Yorker)

“A bombshell revelation was barely noticed at National Security Advisor Michael Flynn’s hearing Tuesday, when his counsel revealed in court the existence of a Justice Department memo from Jan. 30, 2017 exonerating Flynn of any collusion with Russia. The memo, which has still not been made available to Flynn’s attorney Sidney Powell, is part of a litany of Brady material she is demanding from prosecutors. The memo is currently under a protective order and Powell is working with prosecutors to get it disclosed, SaraACarter.com has learned.

U.S. District Court Judge Emmet G. Sullivan presided over the hearing Tuesday and set a tentative Dec. 18 sentencing date. He told the prosecution and defense that the sentencing date could be moved depending on the outcome of requests for Brady material requested by Powell and how the case will unfold in the upcoming months. Sullivan also noted during the hearing that the Brady order takes precedence over the plea agreement.

(…) …if Comey would have advised Trump of the Jan. 30 memo it would have cleared up any unfounded lies that Flynn had in any way colluded or conspired with Russia.

If and when this memo is made public, the ongoing narrative continuing to be pushed by those former Obama officials, as well as, House Intelligence Committee Chairman Adam Schiff who continues to push for hearings on obstruction will be squashed.

It looks like Comey, who would have been fully aware of this memo, has a lot of explaining to do.” (Read more: Sara Carter, 9/10/2019)