Judge Emmett G. Sullivan
November 26, 2019 – DOJ requests delay in Flynn case until after publication of IG report
A curiously interesting development in the DOJ case against Michael Flynn. Judge Emmet Sullivan is weighing the merits of the Flynn defense Motion to Compel (MTC), which requests a significant amount of information on DOJ/FBI conduct in the lead-up to Flynn’s prosecution. A decision and court briefing was anticipated soon.
However, today the DOJ files a joint motion with the defense asking Judge Sullivan to suspend scheduled briefing dates and sentencing deadlines until after the DOJ inspector general report is published on December 9th. The implication is that some of the “Brady” material at issue; or tangential issues that touch upon the material; may be outlined in the upcoming IG report.
The joint motion asks for a delay to the briefing schedules, and a delay in the subsequent sentencing therein. The full motion is here.
October 1, 2019 – Prosecution responds to Flynn discovery motion – refuses to provide any additional evidence
“The DOJ responds today to the Flynn motion for additional evidence; ie. Brady material requested by Flynn’s defense. In the governments’ response filing (full pdf below), the DOJ rejects any additional efforts to provide evidence, and requests Judge Emmet Sullivan proceed directly to sentencing:
Additionally, the government filed a weird appendix, intended to highlight the amount of Brady material the prosecution has turned over to the defense team. However, it is notable the appendix is full of “summaries of” instead of the raw underlying evidence. (Read more: Conservative Treehouse, 10/01/2019)
(Timeline editor’s note: Of the 40 document requests listed by Sidney Powell and ordered by Judge Sullivan, the prosecutor’s response deemed half of the items on the list to be either “not relevant” or “not helpful.” We are curious as to whether it is the prosecutor’s responsibility to make that kind of determination.)
September 11, 2019 – Court unseals Flynn Brady motion; Judge Sullivan threatens govt with contempt; A list of 40 items is requested by Flynn defense
“Since June 6, 2019, immediately upon accepting Mr. Flynn’s defense, new counsel for Mr. Flynn has requested the following information in unredacted form pursuant to Brady and its progeny. Thoroughly stymied in our efforts to obtain this information from the government, despite its obligations to produce it, we necessarily enlist the aid of this Court in enforcing its standing Order.
The 40 Items
1. A letter delivered by the British Embassy to the incoming National Security team after Donald Trump’s election, and to outgoing National Security Advisor Susan Rice (the letter apparently disavows former British Secret Service Agent Christopher Steele, calls his credibility into question and declares him untrustworthy).
2. The original draft of Mr. Flynn’s 302 and 1A-file, and any FBI document that identifies everyone who had possession of it (parts of which may have been leaked to the press, but the full original has never been produced). This would include information given to Deputy Attorney General Sally Yates on January 24 and 25,2017.
3. All documents, notes, information, FBI 302s, or testimony regarding Nellie Ohr’s research on Mr. Flynn and any information about transmitting it to the DOJ, CIA, or FBI.
4. All payments, notes, memos, correspondence, and instructions by and between the FBI, CIA, or DOD with Stefan Halper—going back as far as 2014—regarding Michael Flynn, Svetlana Lokhova, Mr. Richard Dearlove (of MI6), and Professor Christopher Andrew (connected with MI5) and Halper’s compensation through the Office of Net Assessment as evidenced by the whistleblower complaint of Adam Lovinger, addressed in our brief. This includes David Shedd (former Deputy Director of DIA) and Mike Vickers, who were CIA officers; James H. Baker; former DIA Director LTG Stewart; former DIA Deputy Director Doug Wise; and the DIA Director of Operations (DOD). This should also include any communications or correspondence of any type arising from the investigation or alleged concerns about Mr. Flynn that contained a copy to (as a “cc” or “bcc”) or was addressed directly to the DNI James Clapper and his senior staff; to CIA Director Brennan and his senior staff; or to FBI Director Comey, his Deputy Andrew McCabe, and senior staff.
5. The Flynn 302 dated January 19, 2017, mentioned in the Mueller Report.
6. All and unredacted Page-Strzok text messages. Mr. Van Grack’s October 4, 2018, letter asserts: “To the extent the text messages appear to be incomplete or contain gaps, we do not possess additional messages that appear to fill such gaps.” The government should be compelled to identify to whom “we” refers, where the originals are, and whether any of the gaps have been filled or accounted for.
7. All documents, reports, correspondence, and memoranda, including any National Security letter or FISA application, concerning any earlier investigation of Mr. Flynn, and the basis for it. (The existence of these earlier investigations was disclosed in the Mueller Report; see Vol. II at pp. 24, 26.)
8. All transcripts, recordings, notes, correspondence, and 302s of any interactions with human sources or “OCONUS lures” tasked against Mr. Flynn since he left DIA in 2014.
9. The unredacted Page-Strzok text messages as well as text messages, emails and other electronic communications to, from, or between Andrew McCabe, James Comey, Rod Rosenstein, Bruce Ohr, Nellie Ohr, John Carlin, Aaron Rouse, Carl Ghattas, Andrew Weissmann, Tashina Gauhar, Michael Steinbach, and Zainab Ahmad, regarding Mr. Flynn or the FISA applications or any surveillance (legal or illegal) that would have reached Mr. Flynn’s communications.
10. All evidence concerning notification by the Inspector General of the DOJ to the Special Counsel of the Strzok-Page text messages, including the actual text of any messages given to the Special Counsel, and the dates on which they were given. Although the Inspector General notified Special Counsel of the tens of thousands of text messages between Peter Strzok and Lisa Page no later than July 2017—the prosecutors did not produce a single text message to the defense until March 13, 2018.
11. All evidence of press contacts between the Special Counsel Office, including Andrew Weissmann, Ms. Ahmad, and Mr. Van Grack from the departure of Peter Strzok from special Counsel team until December 8, 2017, regarding Mr. Flynn.
12. Unredacted copies of all memos created by or other communications from James Comey that mention or deal with any investigation, surveillance, FISA applications, interviews, or use of a confidential human source or “OCONUS lures” against Mr.Flynn.
13. An unredacted copy of all of James Comey’s testimony before any Congressional committees
14. The James Comey 302 for November 15, 2017, and all Comey 302s that bear on or mention Mr. Flynn.
15. Notes and documents of any kind dealing with any briefings that Mr. Flynn provided to DIA after he left the government.
16. Any information, including recordings or 302s, about Joseph Mifsud’s presence and involvement in engaging or reporting on Mr. Flynn and Mifsud’s presence at the Russia Today dinner in Moscow on December 17, 2015.
17. All notes, memoranda, 302s, and other information about the McCabe-Strzok meeting or meetings with Vice President-Elect or Vice President Pence (these meetings were referenced in the Mueller Report at Vol II, p. 34).
18. All Mary McCord 302s or interviews, including when she knew that Mr. Flynn did not have “a clandestine relationship with Russia.”
19. Any Sally Yates 302s or other notes that concern Mr. Flynn, including treatment of her meetings with FBI Agents on January 24 and 25, 2017, her meetings with anyone in the White House, and the draft 302 of the Flynn interview on January 24 she reviewed or was read into.
20. An internal DOJ document dated January 30, 2017, in which the FBI exonerated Mr.Flynn of being “an agent of Russia.”
21. All information provided by Kathleen Kavalec at the Department of State to the FBI regarding Christopher Steele prior to the first FISA application.
22. Any and all evidence that during a senior-attended FBI meeting or video conference, Andrew McCabe said “First we fuck Flynn, then we fuck Trump,” or words to that effect.
23. The two-page Electronic Communication (EC) that allegedly began the “Russia Collusion” investigation.
24. All information that underlies the several FISA applications, including any information showing that any of the assertions in the applications were false, unverified, or unverifiable.
25. All documents, notes, information, FBI 302s, or testimony regarding any debriefing that Bruce Ohr gave to anyone in the FBI or Department of Justice regarding Christopher Steele.
26. Testimony, interviews, 302s, notes of interviews of all persons who signed FISA applications regarding Mr. Flynn or anyone that would have reached Mr. Flynn’s communications, without regard to whether those applications were approved or rejected.
27. All FISA applications since 2015 related to the Russia matter, whether approved or rejected, which involve Mr. Flynn or reached his communications with anyone.
28. Information identifying reporters paid by Fusion GPS and/or the Penn Quarter group to push “Russia Collusion,” communications regarding any stories about Mr. Flynn, and any testimony or statements about how the reporters were used by the government regarding Mr. Flynn.
29. FBI 302s of KT McFarland, notes of interviews of her or her own notes, and text messages with Mr. Flynn from approximately December 27, 2016, until Flynn’s resignation.
30. Any information regarding the SCO’s and DOJ’s destruction of the cell phones of Peter Strzok and Lisa Page (after being advised of the thousands of text messages that evidenced that has been classified or otherwise not available to the public from the published Inspector General Report.
31. Any information regarding eradication of cell phone data, texts, emails, or other information belonging to Peter Strzok and Lisa Page that created the “gap” identified by the IG.
32. Information about any parts of any polygraph examinations failed by Peter Strzok after Mr. Flynn was first the subject of any FBI investigation—authorized or unauthorized.
33. Brady or Giglio material newly discovered by the government (and by the Inspector General in his separate investigations) in the last two years.
34. A full unredacted and copies of the recordings of Mr. Flynn’s calls with Ambassador Kislyak or anyone else that were reviewed or used in any way by the FBI or SCO in its evaluation of charges against Mr. Flynn.
35. All FBI 302s, notes, memoranda of James Clapper regarding Mr. Flynn, and the cell phone and home phone records of Mr. Clapper and David Ignatius between December 5, 2016, and February 24, 2017. Although not previously requested, the government should be compelled to produce:
36. Unredacted scope memos written for the Special Counsel and any requests by Special Counsel that mention Mr. Flynn or his son.
37.All FBI 302s or any notes of interviews of David Ignatius or any other reporter regarding the publication of information concerning Mr. Flynn and/or the reporters contact with James Clapper, Andrew McCabe, John Brennan, Michael Kortan, or anyone in the FBI, DNI, DOD, DOJ, or CIA regarding Mr. Flynn.
38.FBI 302s and interview notes of Jim Woolsey, including notes by SCO members of conversations with Woolsey about Mr. Flynn, Flynn Intel Group, the Turkey project, and his separate meeting with officials of Turkey after the meeting that was the subject of the FIG FARA filing.
39.All communications between Mr. David Laufman, Ms. Heather Hunt and any other member of the National Security Division regarding the FARA registration for Mr.Flynn and FIG and notes, reports or recordings of their interaction with Covington & Burling with regards to the filing and its contents. See Def.’s Resp. to the Ct.’s Order of July 9 & Gov.’s Filing of July 10, Ex. D, July 11, 2019, No. 17-232-EGS
40. Unredacted notes of the (redacted) and Strzok from the interview of Mr. Flynn on January 24, 2017.
In response, Judge Sullivan issues the following order:
September 10, 2019 – Attorney Sidney Powell argues General Flynn’s case should be dismissed over ‘egregious government misconduct’
“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 June, he 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)
August 30, 2019 – Flynn attorney Sidney Powell walks through the history of the DOJ, FBI and intelligence apparatus weaponization against Mr. Flynn
“In an explosive response filing today, which includes the phrase ”sunlight is the best disinfectant,” attorney Sidney Powell has outlined the soup-to-nuts construct of the malicious government action taken during their targeting her client Michael Flynn.
In the 19-pages (full pdf below), Ms. Powell walks through the history of the DOJ, FBI and intelligence apparatus weaponization against Mr. Flynn and lays out the background behind everything known to have happened in 2016, 2017 through today.
From the corrupt DOJ lawyers who were working with Fusion-GPS and Chris Steele, including Mr. Weissmann, Mr. Van Grack and Ms. Zainab Ahmad; to the 2015/2016 FISA database search abuses; to the CIA and FBI operation against Flynn including Nellie Ohr; to the schemes behind the use of DOJ official Bruce Ohr; to the corrupt construct of the special counsels office selections; to the specifics within the malicious conspiracy outlined by hiding FBI interview notes of Mike Flynn,… all of it…is a stunning filing that many CTH readers are well prepared to understand.” (Read more: Conservative Treehouse, 8/30/2019)
- Andrew Weissmann
- August 2019
- Brandon Van Grack
- Bruce Ohr
- Christopher Steele
- Deborah Curtis
- Department of Justice
- exculpatory evidence
- Federal Bureau of Investigations (FBI)
- Fusion GPS
- Jessie K. Liu
- Jocelyn Ballantine
- Judge Emmett G. Sullivan
- Lt. General Michael Flynn
- Mueller Special Counsel Investigation
- Nellie Ohr
- Sidney Powell
- Zainab Ahmad
July 16, 2019 – Lt. General Michael Flynn judge calls former lawyers back to court and are accused of withholding case files
A DC federal judge has ordered Michael Flynn’s former attorneys to appear in court next month after Flynn’s current legal counsel claims they haven’t been given the entire case file by the team at Covington & Burling.
Judge Emmet Sullivan, an Obama appointee, scheduled a status conference for August 27 at 11 a.m., and has invited a Senior Legal Ethics Counsel to weigh in on the conversation.
“In light of the representations made by defense counsel regarding the delay in receiving the client files, the Court hereby gives notice to the parties of the Court’s intent to invite Senior Legal Ethics Counsel for the District of Columbia Bar to attend the status conference and explain on the record the applicable District of Columbia Rules of Professional Conduct,” wrote Sullivan.
In a filing on Thursday, Flynn’s new attorneys Jesse Binnall, Sidney Powell and William Hodes wrote that they “do not yet have the entire file” from Flynn’s former lawyers and said they had been advised “it will be several weeks before all the information can be transferred.”
Flynn’s attorneys also reiterated that they already have a “massive” amount of files to review — spanning four hard drives that exceed 253 gigabytes of documents — and noted they had identified “crucial and troubling issues that should concern any court” without going into detail. –The Hill
Flynn’s former attorneys have responded, saying they will have the rest of the case files delivered by July 26, per Politico.
Meanwhile, Flynn’s former attorney testified on Tuesday against Flynn’s former business partner, 67-year-old Bijan Rafiekian, an Iranian-American who has been charged with illegally acting as an unregistered agent of a foreign government.
Prosecutors called ex-Flynn attorney Robert Kelner as a witness Tuesday at the trial of Bijan Rafiekian, 67, an Iranian-American businessman who was Flynn’s key counterpart in a lobbying and consulting firm the retired Army general opened after leaving government, Flynn Intel Group.
During about two-and-a-half hours on the witness stand in federal court in Alexandria, Va., Kelner appeared to do some damage to Rafiekian by telling jurors that the Flynn associate never shared key information about links between the lobbying work and Turkish government officials.
Kelner also said Rafiekian, better known as Kian, seemed upset by the lawyers’ recommendation in early 2017 that the firm make a retroactive filing about the work Flynn’s firm did to try to build support for the extradition from the U.S. of a dissident Turkish cleric, Fethullah Gulen. –Politico
“My recollection is that he was not happy about it. In part, he was not happy about the suggestion that FIG’s work primarily benefited the Government of Turkey,” said Kelner.
Attorney Robert Barnes raises the question: “Why was Covington firm ever representing Flynn given it knew it might be a material witness in a case related to Flynn? Did the government knowingly profit from this conflict?” (Read more: Zero Hedge, 7/16/2019)
May 31, 2019 – Devin Nunes: “It’s all a fraud” – Deceptive edits found in Mueller Report
“Rep. Devin Nunes (R-CA) on Saturday called for the immediate release of “all backup and source information” for the Mueller report after internet sleuth @almostjingo (Rosie Memos) discovered that the special counsel’s office deceptively edited content which was then cited as evidence of possible obstruction.
“It’s all a fraud” tweeted Nunes, replying to a tweet by @JohnWHuber (Undercover Huber), who also posted a comparison between the Mueller report and a newly released transcript of a November 2017 voicemail message left by former Trump lawyer John Dowd, in which he asked former national security adviser Michael Flynn’s attorney for a “heads up” if Flynn was planning on saying anything that might damage the president.
Mueller’s team omitted key context suggesting that Dowd was trying to strongarm Flynn and possibly obstruct justice by shaping witness testimony, while the actual voicemail reveals that Dowd was careful not to tread into obstruction territory in what was a friendly and routine call between lawyers.
Dowd qualifies his request by saying “without you having to give up any…confidential information” in order to determine “If, on the other hand, we have, there’s information that…implicates the President, then we’ve got a national security issue, or maybe a national security issue, I don’t know… some issue, we got to-we got to deal with, not only for the President but for the country.”
Mueller’s deceptive edits beg the question; what else may have been manipulated by the special counsel to make Trump look guilty? When reached for comment by attorney ‘Techno Fog’ (@Techno_Fog), Dowd said of the edits: “It is unfair and despicable. It was a friendly privileged call between counsel – with NO conflict. I think Flynn got screwed.”
Dowd told Fox News: “During the joint defense relationship, counsel for the president provided to Flynn’s counsel documents, advice and encouragement to provide to SC [the special counsel] as part of his effort to cooperate with the SC,” adding “SC never raised or questioned the president’s counsel about these allegations despite numerous opportunities to do so.”
Flynn pleaded guilty last year to lying to the FBI about contacts with Russians and is currently awaiting sentencing.
Meanwhile, the Justice Department has resisted a court order to release the transcripts of Flynn’s conversations with Russian officials, including former Russian ambassador Sergey Kislyak.
This raises at least two questions. First, did the DOJ give Flynn the transcripts?And second, did the DOJ violate a previous court order from Judge Emmett Sullivan to produce evidence during discovery?”
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)
December 14, 2018 – FBI docs reveal: “Flynn was not lying or did not think he was lying”
“The Special Counsel’s Office released key documents related to former National Security Advisor Lt. Gen. Michael Flynn Friday. Robert Mueller’s office had until 3 p.m. to get the documents to Judge Emmet Sullivan, who demanded information Wednesday after bombshell information surfaced in a memorandum submitted by Flynn’s attorney’s that led to serious concerns regarding the FBI’s initial questioning of the retired three-star general.
The highly redacted documents included notes from former Deputy Director Andrew McCabe regarding his conversation with Flynn about arranging the interview with the FBI. The initial interview took place at the White House on Jan. 24, 2017.
The documents also include the FBI’s “302” report regarding Flynn’s interview with anti-Trump former FBI Agent Peter Strzok and FBI Agent Joe Pientka when they met with him at the White House. It is not, however, the 302 document from the actual January, 2017 interview but an August, 2017 report of Strzok’s recollections of the interview.
Flynn’s attorney’s had noted in their memorandum to the courts that the documents revealed that FBI officials made the decision not to provide Flynn with his Miranda Rights, which would’ve have warned him of penalties for making false statements.
“The agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview,” the Flynn memo says. According to the 302, before the interview, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.”
The July 2017 report, however, was the interview with Strzok. It described his interview with Flynn but was not the original Flynn interview.
Apparent discrepancies within the 302 documents are being questioned by many former senior FBI officials, who state that there are stringent policies in place to ensure that the documents are guarded against tampering.
(…) In the redacted 302 report Strzok and Pientka said they “both had the impression at the time that Flynn was not lying or did not think he was lying.” Information that Flynn was not lying was first published and reported by SaraACarter.com. (Read more: SaraACarter, 12/14/2018)