November 5, 2019 – DOJ prosecutors overseeing the Flynn case, Jessie K. Liu and Brandon Van Grack, admit to “mistakenly” attributing wrong notes to wrong FBI agents
Prosecutor Brandon Van Grack sends a letter to Flynn’s defense team today containing a stunning, almost impossible to comprehend, admission of a mistake central to the claims of the prosecution. In March 2018 the FBI presented notes taken by agents Pientka and Strzok, now they say they made a ‘mistake’.
For almost two years the DOJ misidentified, misattributed, and never corrected that the authors of the Flynn interview notes were actually reversed. All of the notes attributed to FBI Agent Peter Strzok actually were taken by FBI Agent Joseph Pientka, and vice-versa:
What kind of f**kery is this? The DOJ never confirmed the authorship of the FBI notes that are central to the FD-302, upon which the entire prosecution claim of Flynn lying to investigators is based? …Seriously?
The entire FBI case against Flynn; meaning the central element that he lied to FBI investigators (he didn’t); is predicated on the FD-302 interview reports generated by the two FBI agents; later discovered to have been edited, shaped and approved by Andrew McCabe…. And for almost two years the entire outline of their documented evidence has been misattributed?
C’mon man. This is sketchy as heck.
Obviously what triggered this re-review of the notes was a smart sur-surreply from the defense that highlighted how Peter Strzoks notes were far too neat, organized and well constructed to have been written during an actual interview. [SEE HERE]
For the prosecution to now reverse course and say the agent attribution was transposed, is either the biggest screw-up in a high profile case…. OR, the prosecution now needs to reverse the note-takers due to the exact, and common sense, reasons highlighted by the defense.” (Read more: Conservative Treehouse, 11/05/2019) (Archive)
Michael Flynn’s attorney, Sidney Powell, appears on Fox Late Night to discuss the stunning letter from the DOJ that for the past two years they have attributed the wrong notes to the wrong FBI agent. – Conservative Treehouse
January 23, 2019 – Opinion: FBI Special Agent Joseph Pientka Is the DOJ’s Invisible Man
(…) “The Foreign Intelligence Surveillance Court [FISC] was not alerted to the fact that much of the information in the surveillance warrant on Trump campaign foreign policy adviser Carter Page was being provided by paid political propagandists employed by the Hillary Clinton campaign.
To continue receiving Trump-Russia collusion propaganda from opposition research firm Fusion GPS and Christopher Steele—who had been hired by Fusion GPS on behalf of the Clinton campaign and DNC—the FBI established a back-channel through former Associate Deputy Attorney General Bruce Ohr at the Department of Justice. After every meeting with Steele, Ohr would sit down for an interview with FBI Special Agent Joseph Pientka, who would fill out official FD-302 interview forms to pass on the information within the FBI.
(…) It seems something spooked the SpyGate plotters into presenting an appearance of drawing back from Christopher Steele and Fusion GPS while still surreptitiously using that political propaganda shop as a source for their ongoing investigations.
This back-channel allowed the FBI to hide Fusion GPS’s—and the Clinton campaign’s–role in providing much of the “evidence” being used to drive these politically-motivated investigations of Trump and his associates.
So why Bruce Ohr? Because he was a top official inside the Department of Justice and close to the DOJ’s National Security Division [NSD].
The point was to launder Fusion GPS’s Trump-Russia allegations through Ohr to Deputy FBI Director Andrew McCabe and lead agent on the Trump case, Peter Strzok, so it could be claimed the information was coming from a legitimate intelligence source instead of from paid political propagandists working for Hillary Clinton.
This means it’s highly likely that when Bruce Ohr’s personal notes from his meetings with Fusion GPS are compared with the official FD-302 interview forms that Agent Pientka filled out following his interviews with Ohr, they are not going to match when it comes to what the stated source was for the Trump-Russia information.
For Pientka to write down on the 302 forms that this information on Trump-Russia he was being given by Ohr was still coming from the Fusion GPS boys after the FBI had supposedly severed all ties with them would have defeated the entire reason for going to the trouble of establishing a backchannel in the first place.
Investigative journalist John Solomon of The Hill has stated in his reports that he has been shown Ohr’s handwritten notes that he made during his talks with Glenn Simpson and Christopher Steele. So in his own notes, Ohr made it clear who he was talking to and where he was getting these allegations from.
So now the $56,000 question: What do the FD-302 forms Pientka filled out actually say about where the Trump-Russia allegations came from? Do the interview forms admit the allegations were coming from a politically motivated propaganda shop, or do they claim the information came from politically neutral intelligence sources?
I’ve no doubt that at some time in the past year and a half, the DOJ Inspector General’s office sat Pientka down for extensive and detailed interviews about his dual roles in both the Lt. Gen. Michael Flynn affair (he and Strzok interviewed Flynn), and with the Fusion GPS back-channel to the FBI. What he told them must have been incredibly sensitive, since nobody has publicly seen or heard from Pientka all this time, even though House and Senate committees have requested that the DOJ produce him for testimony. Whatever Inspector General Michael E. Horowitz’s investigators discovered in their interviews with Pientka, they are keeping a very tight lid on it.” (Read more: The Epoch Times, 1/23/2019)
- Andrew McCabe
- Bruce Ohr
- Carter Page
- Christopher Steele
- Clinton campaign
- Clinton/DNC/Steele Dossier
- Department of Justice
- DOJ OIG
- Federal Bureau of Investigations (FBI)
- Fusion GPS
- January 2019
- Joseph Pientka
- Lt. General Michael Flynn
- Michael Horowitz
- Peter Strzok
- Trump Russia collusion
- U.S. Foreign Intelligence Surveillance Court (FISC)
December 17, 2018 – Mueller filing highlights lengthy deliberative process between FBI investigators and Andrew McCabe on Flynn report
“Prosecutor Brandon Van Grack filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, and the official filing of the interview notes (FD-302) on February 15th, and then again on May 31st. To explain the delay, he claims the report “inadvertently” had a header saying “DRAFT DOCUMENT/DELIBERATIVE MATERIAL” (screen grab)
What the special counsel appears to be obfuscating to the court is that there was factually a process of deliberation within the investigative unit, headed by FBI Deputy Director Andrew McCabe, surrounding the specific wording of the 302 report on the interview.
Prosecutor Brandon Van Grack is attempting to hide the length of the small group deliberations. It seems he doesn’t want the court to know Andrew McCabe was involved in shaping how the fd-302 was written.
We know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok: See below (note the dates):
The text message conversation above is February 14th, 2017. The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per the report:
Obviously the interview took place on January 24th, 2017. The FD-302 was drafted on January 24th, and then later edited, shaped, and ultimately approved by McCabe, on February 14th, then entered into the official record on February 15th.” (Read more: Conservative Treehouse, 12/17/2018)
August 31, 2018 – Testimony by FBI lawyer Trisha Anderson reveals extensive role in Trump, Clinton investigations
“A key player in the FBI’s counterintelligence investigation of Donald Trump and his 2016 presidential campaign was Trisha Anderson, who, at the time, was the No. 2 lawyer at the agency’s Office of General Counsel.
Despite having no specific experience in counterintelligence before coming to the FBI, Anderson was, in some manner, involved in virtually all of the significant events of the investigation.
Anderson told members of the House Judiciary and Oversight committees in August last year during closed-door testimony that she was one of only about 10 people who had known about the Trump–Russia investigation prior to its official opening.
A transcript of Anderson’s testimony, which was reviewed for this article, reveals that she had read all of the FBI’s FD302 forms detailing information that the author of the Steele dossier, former British spy Christopher Steele, had provided to high-ranking Department of Justice (DOJ) official Bruce Ohr.
Anderson also told lawmakers that she personally signed off on the original application for a warrant to spy on former Trump campaign adviser Carter Page without having read it. The FBI relied heavily on the unverified information in the Steele dossier—which was paid for by the Clinton campaign and the Democratic National Committee—to obtain the FISA warrant.
Anderson also was part of a small group of FBI personnel who got to read then-FBI Director James Comey’s memos about conversations he had with President Donald Trump.
Besides the investigation into Trump, Anderson also was involved in the FBI’s investigation of Hillary Clinton for sending classified information using a private server.
Anderson’s testimony reveals that she received the original referral from the inspectors general for both the State Department and Intelligence Community on Clinton after hundreds of classified emails had been found on her server.
Her testimony also raises questions as to whether then-Attorney General Loretta Lynch had a conflict of interest.
Lawmakers also questioned Anderson about whether she advised Comey against making a public announcement that the FBI had reopened its investigation into Clinton following findings on the laptop of former Rep. Anthony Weiner (D-N.Y.) because Comey would have been “responsible for getting Donald Trump elected.” (Read more: The Epoch Times, 3/08/2019) (Trisha Anderson transcript, 8/31/2018)
- August 2018
- Bruce Ohr
- Christopher Steele
- Clinton Email Investigation
- Clinton emails
- Clinton/DNC/Steele Dossier
- Democratic National Committee (DNC)
- FBI counterintelligence investigation
- FISA application
- FISA Title-1 surveillance warrant
- House Judiciary Committee
- House Oversight and Government Reform Committee
- Loretta Lynch
- Trisha Anderson
- Trump campaign
- Weiner laptop
August 15, 2018 – Notes on Peter Strzok’s possible FISA application abuse and falsified FBI FD-302 report on Michael Flynn interview
“The media narrative surrounding FBI Agent Peter Strzok’s firing has been framed, almost exclusively, around his political text messages. Given the nature of the media participation in the events, this is not surprising. However, Strzok’s text messages have no bearing on his firing.
In March 2018 the DOJ Office of Inspector General announced an ongoing review of how the DOJ and FBI used FISA (Foreign Intelligence Surveillance Act) as a weaponized tool against their political opposition.
“As part of this examination, the OIG also will review information that was known to the DOJ and the FBI at the time the applications were filed from or about an alleged FBI confidential source. Additionally, the OIG will review the DOJ’s and FBI’s relationship and communications with the alleged source as they relate to the FISC applications.” (pdf link)
Two months later on Monday May 21st, Deputy Attorney General Rod Rosenstein added a significant DOJ mandate to the Inspector General review. Rosenstein expanded the original FISA review to include looking at whether officials within the intelligence community may have unlawfully used human intelligence assets to “spy” or “surveil” the Trump campaign:
“The Department has asked the Inspector General to expand the ongoing review of the FISA application process to include determining whether there was any impropriety or political motivation in how the FBI conducted its counterintelligence investigation of persons suspected of involvement with the Russian agents who interfered in the 2016 presidential election.” (link)
Part of that ongoing IG review surrounds FBI Affidavits presented to the FISA Court (FISC) and whether those affidavits were fraudulent; thereby misleading the court. FBI Agent Peter Strzok is the primary affiant swearing to the truthfulness and fullness of the information that underlines the FISA application (ie. Woods Procedures) . We know Peter Strzok lied and misrepresented information to the court.
In addition to violating the Woods Procedures, FBI Agent Peter Strzok likely falsified, manipulated and shaped FD-302 investigative notes in both the Hillary Clinton and Michael Flynn interviews. His own text messages with DOJ Special Counsel Lisa Page highlight that Peter Strzok was very familiar with manipulating evidence by the narrative he could/did write in his 302 submissions.
On May 11, 2018, Senate Judiciary Chairman Chuck Grassley dropped a sunlight grenade into the prosecution of Michael Flynn with a jaw-dropping request letter (full pdf below) to FBI Director Christopher Wray. [Judiciary Link Here]
Within the letter Chairman Grassley outlined a prior briefing from fired FBI Director James Comey to the Senate Judiciary Committee, and contrasts the false presentations of James Comey and by extension Peter Strzok, regarding Michael Flynn, against recently known evidence.
Additionally, Grassley requested:
♦the transcription of the phone call(s) intercepted by the FBI between Flynn and Russian Ambassador Kislyak;
♦the FD 302s written by the FBI in their interview with Michael Flynn;
♦testimony from Special Agent Joe Pientka, likely the second FBI agent who was partnered with Peter Strzok for the Flynn interview.
The name of the second FBI agent was previously unknown, and it’s likely Chairman Grassley outed the name for a very specific reason. This is a BIG shot across the bow.
Previously the Justice Department was refusing to provide any information to the committee pertinent to Grassley’s requests, citing the ongoing investigation. However, the Senator was outlining his request against the backdrop of the Judge in the Flynn case demanding the Special Counsel turn over all exculpatory information.
Senator Grassley outlines the February 15th, 2017, briefing provided by James Comey to the committee:
(…) “Like the Flynn interview itself, that briefing was not transcribed. Also like the Flynn interview, there are notes taken by a career, non-partisan law enforcement officer who was present. The agent was on detail to the Committee staff at the time.
According to that agent’s contemporaneous notes, Director Comey specifically told us during that briefing that the FBI agents who interviewed Lt. General Michael Flynn, “saw nothing that led them to believe [he was] lying.” Our own Committee staff’s notes indicate that Mr. Comey said the “agents saw no change in his demeanor or tone that would say he was being untruthful.”
Contrary to his public statements during his current book tour denying any memory of those comments, then-Director Comey led us to believe during that briefing that the agents who interviewed Flynn did not believe he intentionally lied about his conversation with the Ambassador and that the Justice Department was unlikely to prosecute him for false statements made in that interview. In the months since then, the Special Counsel obtained a guilty plea from Lt. General Flynn for that precise alleged conduct.”
It is important to remember – there is a widely held belief that Deputy FBI Director Andrew McCabe told the FBI agents (Peter Strzok and Joe Pientka) to shape their FBI reports of the interview (FD-302s) to assist a “Flynn lied” narrative.
There is a great deal of debate surrounding the guilty plea as an outcome of a carefully constructed and coordinated plan by FBI and DOJ officials to target Flynn.
The letter continues:
(…) “The Department has withheld the Flynn-related documents since our initial bipartisan request last year, citing an ongoing criminal investigation. With Flynn’s plea, the investigation appears concluded.
Additionally, while we are aware that the Special Counsel’s office has moved to delay Lt. General Flynn’s sentencing on several occasions, we presume that all related records already have been provided to the defense pursuant to Judge Sullivan’s February 16, 2018 order requiring production of all potentially exculpatory material. Thus, although the case is not yet adjudicated, the Committee’s oversight interest in the underlying documents requested more than a year ago now outweighs any legitimate executive branch interest in withholding it. So too does the Committee’s interest in learning the FBI agents’ actual assessments of their interview of Lt. Gen. Flynn, particularly given the apparent contradiction between what then Directory Comey told us in March 2017 and what he now claims.”
Then comes the hammer:
(…) “In addition, please make Special Agent Joe Pientka available for a transcribed interview with Committee staff no later than one week following the production of the requested documents.”
Regarding the “widely held belief” that Deputy FBI Director Andrew McCabe told the FBI agents (Strzok and Pientka) to shape their FBI reports of the interview (FD-302’s) to assist a “Flynn lied” narrative. As Nick Falco points out evidence of that is within the most recent text messages between Lisa Page and Peter Strzok:
♦January 23, 2017, the day before the Flynn interview, Lisa Page says: “I can feel my heart beating harder, I’m so stressed about all the ways THIS has the potential to go fully off the rails.” Weird!”
♦Strzok replies: “I know. I just talked with John, we’re getting together as soon as I get in to finish that write up for Andy [McCabe] this morning.” Strzok agrees with Page about being stressed that “THIS” could go off the rails. (Strzok meets with Flynn the next day.)
♦Why would Page & Strzok be stressed about “THIS” potentially going off the rails if everything was by the book?
BECAUSE IT WASN’T!
♦February 14th, 2017, there is another note about the FBI reports filed from the interview.
Peter Strzok asks Lisa Page if FBI Deputy Director Andrew McCabe is OK with his report: “Also, is Andy good with F-302?”
Lisa Page replies: “Launch on F 302.”
And we know from their discussions of manipulating FBI reports a year earlier, inside the Hillary Clinton investigation – that Peter Strzok has withheld information, and manipulated information, through use of the 302 reports:
(Timeline editor’s note: With special thanks to Conservative Treehouse for allowing us to post their well documented research to the timeline. We have decided to post this piece in full. Please visit their website and read more of Sundance’s work. His team is an organized group of super sleuths who are putting this maddening puzzle together, piece by piece.)
May 11, 2018 – Senator Grassley reveals name of second FBI agent who interviewed General Flynn
“Senate Judiciary Chairman Chuck Grassley has just dropped a sunlight grenade into the prosecution of Michael Flynn with a jaw-dropping request letter (full pdf below) to FBI Director Christopher Wray. [Judiciary Link Here]
Within the letter Chairman Grassley outlines a prior briefing from fired FBI Director James Comey to the Senate Judiciary Committee, and contrasts the false presentations of Comey -regarding Michael Flynn- against recently known evidence.
Additionally, Grassley is requesting: the transcription of the phone call(s) intercepted by the FBI between Flynn and Russian Ambassador Kislyak; the FD 302’s written by the FBI in their interview with Michael Flynn; and testimony from Special Agent Joe Pientka, likely the second FBI agent who was partnered with Peter Strzok for the Flynn interview.
The name of the second FBI agent was previously unknown, and it’s likely Chairman Grassley outed the name for a very specific reason. This is a BIG shot across the bow.
Previously the Justice Department was refusing to provide any information to the committee pertinent to Grassley’s requests, citing the ongoing investigation. However, the Senator is now outlining his request against the backdrop of the Judge in the Flynn case demanding the Special Counsel turn over all exculpatory information.
It is important to remember – there is a widely held belief that Deputy FBI Director Andrew McCabe told the FBI agents (Strzok and Pientka) to shape their FBI reports of the interview (FD-302’s) to assist a “Flynn lied” narrative.
There is a great deal of debate surrounding the guilty plea as an outcome of a carefully constructed and coordinated plan by FBI and DOJ officials to target Flynn.” (Read more: Conservative Treehouse, 5/11/2018)
January 31, 2018 – Robert Mueller requests postponement of General Mike Flynn sentencing
“Against a newly discovered likelihood the Robert Mueller investigation began under false pretenses; and against the backdrop that FBI surveillance and wiretaps were obtained through materially (intentionally) false representations to the FISA court; and against the backdrop the original Flynn plea judge (Contrereas) was also the approving FISA judge; and that judge ‘was summarily recused’ from the case; and against increasing evidence that Mike Flynn was set up by a terminal animus, and politically-motivated investigative rogue unit, operating within the FBI; and against surfacing IG Horowitz evidence that FBI investigators manipulated (lied on) their FD-302 interrogation documents; and understanding those falsified 302’s were used in the Mueller/Flynn charging document…
…Special Counsel Robert Mueller now asks for postponement of sentencing:
Both parties did not ‘request‘ a postponement; both parties ‘agreed‘ to a postponement. The motive for the request (Mueller) is entirely divergent from, yet complimentary to, the motive to agree to the request (Flynn).
It is not coincidental that Brandon L Van Grack is the signatory to the delay request by Special Counsel Robert Mueller’s request to the new Judge, Emmet G Sullivan.
If, as has been reported, Inspector General Michael Horowitz now has evidence the FBI manipulated their FD-302 (interrogation and questioning) documents, as also admitted by FBI agent Peter Strzok in related matters regarding Clinton…
…and those manipulated or falsified FBI 302’s (containing FBI investigative notes of Michael Flynn’s questioning during the January 2017 interview), were used in the actual Flynn charging documents.” (Read more: Conservative Treehouse, 1/31/2018)
November 30, 2017 – Ohr admits there are missing FBI 302 reports for some of his meetings with Steele and that he had 2 other FBI handlers in addition to Pientka
(…) “Ohr testified that he maintained contact with Steele beyond the date of the final 302—but this was either not documented in FBI 302s or the 302s weren’t provided to congressional investigators:
Q: “On page 2 of the letter it lists 12 separate dates and 302s where the FBI interviewed you indicating the first interview took place on November 22, 2016, and the last one on May 15, 2017. Is this list of interviews and dates generally consistent with your recollection?”
Ohr: “Yes. The caveat I would say is, I continued to have some conversations with Christopher Steele after May 15, 2017. I’ve reported all of those to the FBI, but I do not see any 302s relating to those conversations.”
Ohr later testified that he maintained contact with Steele—and relayed the content of that contact to the FBI into November 2017. Ohr also testified that he wasn’t aware the FBI was documenting his meetings in 302s:
Q: “Do you know anything different about those interviews or about those 302s as to why they wouldn’t have been produced in response to a request by Members of Congress?”
Ohr: “I don’t know if they did 302s later on. A lot of these conversations seemed less substantive, but I don’t know. I didn’t know about the original 302s either.”
Q: “Did you continue to meet with the FBI to discuss your conversations with Mr. Steele all the way up through late November of 2017?”
On at least two occasions in 2017, Ohr was provided with a new FBI handler. Most of his meetings took place at FBI headquarters but Ohr also had later meetings at the Washington Field Office.
Q: “And who at the Washington field office conducted an interview?”
Ohr: “I cannot remember the names.”
Q: “But it wasn’t Pientka?”
Q: “So it was somebody, another agent, or agents, at the FBI’s Washington field office?”
Ohr: “My recollection is at least on two occasions, I was handed onto a new agent.”
July 19, 2017 – Strzok testifies Pientka wrote Flynn’s FBI 302 report, evidence suggests he lied
On 07/19/17 Strzok was interviewed by a Senior Assistant Special Counsel & an FBI Supervisory Special Agent
This was Strzok’s “exit” interview after he’d been forced to leave the Special Counsel due to discovery of his biased text messages
It’s a felony to lie in this interview:
Strzok was asked about his role in the investigation of @GenFlynn, and said that he, “Strzok conducted the interview” and [redacted] “was primarily responsible for taking notes and writing the FD-302”
Redacted name refers to (Joe) Pientka, his partner on the Flynn case:
So if Pientka was NOT actually “primarily” responsible for “writing the FD-302” or “taking notes”, then Strzok lied.
Newly available evidence strongly suggests Strzok did lie: it was *Strzok* himself who wrote the 302, & largely from his own notes, NOT Pientka’s
1. Handwritten interview notes said to be Strzok’s and Pientka’s
2. 302 Drafts*
3. New Strzok texts
*The earliest 302 DOJ has provided is from 02/10/17. The Flynn interview was on 01/24/17 (17 days earlier). So it is highly likely there are earlier drafts, but on Oct 29 DOJ (Brandon Van Grack; a former Senior Assistant Special Counsel) denied DOJ is “hiding” an “original 302”
I analyzed both Strzok and Pientka’s notes, line by line and side by side with the 02/10/17 FD-302
This included matching the notes to the subject topics discussed in the 302 and looking for words and phrases used only in Strzok’s notes, only in Pientka’s notes, in both, or neither:
SUMMARY (1 of 2)
—The 302 systematically & overwhelmingly (30+ examples) contains words and phrases ONLY noted by Strzok & NOT by Pientka
—Crucially this includes two where Pientka explicitly comments that he “couldn’t remember” Flynn saying this and “[I] dont…have in my notes”
SUMMARY (2 of 2)
Attached is a summary by topic (e.g “RT dinner”)
—Red text is phrases/words in the 302 that are lifted from Strzok’s notes, in bold are verbatim
—🚨Purple text is the 2 crucial examples that Pientka explicitly says he didn’t have noted/couldn’t remember:
To put it mildly, this evidence is inconsistent with Pientka “primarily” writing the 302, as Strzok claimed
Even if Pientka had access to Strzok’s notes, its incredibly unlikely he would systematically rely on Strzok’s notes 30+ times, repeatedly using Strzok’s linguistic style
And even if you could stretch to believing that, Pientka certainly wouldn’t include in a draft 302 (a legal record that can be the basis for a felony charge) words & phrases *he couldn’t remember*, that only appeared in Strzok’s notes AND add “I don’t remember this” to the 302
Also, the new Strzok texts show Strzok communicating with Lisa Page on the same day of the 302 draft (02/10/17), adding “edits” from Lisa Page, “finalizing it”, working on it over the weekend & *then* “sending to Joe”. All inconsistent with Pientka being “primarily responsible”
—Strzok told the Special Counsel/FBI that Pientka wrote the 302 interview record of Flynn
—Strzok’s text messages and the Strzok/Pientka handwritten notes show that’s likely false, and Strzok himself wrote the 302
—Strzok likely committed the same felony @GenFlynn was charged with (18 USC §1001)
—The Special Counsel and FBI had access to the same exculpatory evidence in this thread BEFORE @GenFlynn pled guilty to the felony his own interviewer committed
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.