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.
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
October 15, 2019 – The DOJ has possession of Joseph Mifsud cell phones
“Inside an otherwise innocuous court filing (full pdf below), General Mike Flynn’s attorney, Sidney Powell, files a motion to compel (MTC) in an effort to gain discovery of the content from two cell phones belonging to Joseph Mifsud. [Hat Tip Techno Fog]
Apparently, according to the information within the filing, the DOJ has somehow gained custody of two cell phones belonging to Mr. Mifsud:
The filing notes that “Western intelligence” likely tasked Mr. Mifsud against General Flynn as early as in order to set up “connections with certain Russians” for later use against him. Essentially, an intelligence entrapment scheme.
Unfortunately, the filing only identifies the cell phones along with the request for the production of the content therein. However, the fact the DOJ has two cell phones belonging to Joseph Mifsud opens up a whole bunch of questions:
#1) How did the US Dept of Justice gain custody of Mr. Mifsud’s cell phones?
#2) Were these Blackberry cell phones issued by U.S. intelligence? (unknown agency)
#3) Why has the U.S. DOJ taken custody of those cell phones?
#4) If #2 is yes, wouldn’t that automatically destroy the “Mifsud as a Russian intelligence asset” narrative?
#5) [Less important] How the heck did Sidney Powell find out about them?
Something is certainly happening here. The cell phone models are from 2011 and 2014.
With U.S. Attorney John Durham and U.S. Attorney General Bill Barr traveling to Italy to listen to the taped deposition of Joseph Mifsud last month…and now the discovery that the DOJ has his cell phones from a period of keen interest in the Russia collusion-conspiracy framework…it would appear Mr. Mifsud might just be the Maltese Fulcrum.
In response to the defense Motion to Compel, the U.S. Dept of Justice told Ms. Powell: “if they determine the information is discoverable or relevant to sentencing” they will produce them.
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 10, 2019 – Judge slams government argument that Michael Flynn is a ‘co-conspirator’ in former partner’s trial
“U.S. District Judge Anthony Trenga in the Eastern District of Virginia slammed the Department of Justice’s request to designate former National Security Advisor Michael T. Flynn a ‘co-conspirator’ in the ongoing case it has against his former business partner after the government stated on numerous occasions that Flynn was a cooperating witness.
Trenga issued the 38-page scathing opinion in the late afternoon Tuesday that the “United States at this point has not presented or proffered evidence to sufficient to establish by a preponderance of the evidence a conspiracy for the purposes of admitting against the Defendant the hearsay statements of alleged co-conspirators.”
Trenga goes on to argue that “Notably absent from the government’s proffer is any evidence from Michael Flynn, who, as discussed above, has admitted that he made certain false statements in the FARA filing that was the object of one of the charged conspiracy and has entered into a cooperation agreement with the United States that extends to this prosecution.”
Earlier on Tuesday this news site first reported that Flynn’s current defense Attorney Sidney Powell, who recently replaced Flynn’s former defense attorney Robert Kelner, submitted a filing to the Eastern District of Virginia fighting the government’s proposal to ask the Court to deem Flynn a “co-conspirator” in the case against his former partner Bijan Rafiekian. The designation was solely for the purpose of obtaining the admission of one document the government itself claims is already admissible under a different rule, according to a brief filed by Powell. (Read more: Sarah Carter, 7/10/2019)
July 10, 2019 – Flynn’s lawyers: Mueller team wants false testimony, possibly retaliates when rebuked
“Prosecutors from the team of special counsel Robert Mueller wanted Lt. Gen. Michael Flynn to testify to something that isn’t true, Flynn’s lawyers said. When he refused, they tried to label him a co-conspirator in a case where they previously said he was only a witness.
A federal judge denied the prosecutors’ move, saying the government didn’t present enough evidence to introduce Flynn’s statement as one of a co-conspirator.
Flynn, former national security adviser to President Donald Trump, is expected to face a light sentence after pleading guilty to lying to the FBI and after extensively cooperating with the Mueller team and the Justice Department. He was also expected to testify on another case of making false statements on foreign lobbying registration forms.
In his November 2017 guilty plea, he said that the forms submitted by lawyers for his now-defunct lobbying company, Flynn Intel Group (FIG), contained false and misleading statements. The prosecutors, however, recently asked him to testify that he signed those forms knowing about the falsities and intending for them.
“Mr. Flynn cannot give that testimony because it is not true,” Flynn’s recently hired lawyers, Jesse Binnall, Sidney Powell, and William Hodes, said in a July 8 court filing.
They said Flynn only acknowledged in his plea the falsities “with some hindsight.” At the time of signing the forms, in March 2017, Flynn only read the cover letter and didn’t know about or intend for anything false in them, they said.
“Mr. Flynn trusted his former counsel who held themselves out as experts in this area of law,” the filing stated.” (Read more: The Epoch Times, 7/10/2019)