Robert Mueller exposed Part 6, US v. Michael Flynn, Motion to compel production of Brady Material and order to show cause, Attorney Sydney Powell
“Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution.”…US v. Flynn motion to compel production of Brady Material
“The evidence indicates Mueller has destroyed or is suppressing Brady material.”…Attorney Sydney Powell
“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells
Robert Mueller, even though he is responsible for much of the investigation that touched Michael Flynn, has his name conspicuously absent from the motion.
I believe I may know the reason why, but will defer to the experts.
“UNITED STATES OF AMERICA
MICHAEL T. FLYNN,
MOTION TO COMPEL THE PRODUCTION OF BRADY
MATERIAL AND FOR AN ORDER TO SHOW CAUSE
Michael T. Flynn (“Mr. Flynn”) requests this Court (i) order the prosecutors to show cause why they should not be held in contempt for their repeated refusals to comply with this Court’s Brady order and their constitutional, legal, and ethical obligations; (ii) compel the government to produce to Mr. Flynn evidence relevant and material to his defense as identified in this Motion; (iii) compel the government to produce to the defense any additional information
that has come to the attention of the Inspector General, the FBI, or any other member of the Department of Justice that bears on the government’s own conduct or its allegations against Mr. Flynn; and (iv) order the government to preserve all emails, documents, texts and other material relevant to the investigation of Mr. Flynn including by Special Counsel.
As explained more fully in Mr. Flynn’s accompanying brief, Brady v. Maryland and its progeny require the government to produce all evidence “material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U.S. 83, 87 (1963). Because the government is supposed to pursue justice—not merely convictions—its responsibility to produce Brady material is a grave one, its scope wide-ranging, and its duration ongoing. Indeed, this Court has entered both an initial Standing Order to produce Brady material,
on December 12, 2017, and an updated Order on February 16, 2018, making it clear to the government that its duty to produce exculpatory evidence exists independently of Mr. Flynn’s guilty plea, and that that duty has not expired.
Yet, when undersigned new counsel for Mr. Flynn requested a detailed list of outstanding Brady material immediately upon taking over from prior counsel, Mr. Van Grack glibly responded a few weeks later, on June 26, 2019, writing:
[t]he government has exceeded its discovery and disclosure obligations in this matter, including those imposed pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and the Court’s Standing Order dated February 16, 2018. Additionally, in the plea agreement that your client signed on November 30, 2017, your client waived the right to any further discovery or disclosures of information. As such, the government does not anticipate providing additional information in response to your letter.1
Given the material defense counsel has requested, which remains outstanding, Mr. Van Grack’s denial that further Brady material exists is patently absurd. It demonstrates arrogance and utter contempt for the letter and the spirit of this Court’s explicit order, the rule of Brady v. Maryland, and the protections guaranteed to defendants by the U.S. Constitution. In fact, just last
week, Mr. Van Grack produced an additional 330 pages that included information that any reasonable attorney would understand as Brady evidence in light of Special Counsel’s investigation and assertions that Mr. Flynn was an undisclosed “agent of Russia” or an “agent of Turkey.”2
That production also shows that Mr. Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an “agent of Russia” and/or of Turkey.
Interestingly, the new production also shows that James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.
Yet again, in the Status Report filed today, the prosecutors exude arrogance in their flat denials of both our request for security clearances and the production of Brady material. Production of obvious Brady material while repeatedly and stoutly denying any such material exists prompts questions of how much more is still outstanding and whether these prosecutors are willing or able to recognize it when they see it. The only alternative explanation is even worse.”
The Court has carefully considered Mr. Michael T. Flynn’s motion to show cause and to compel production of Brady material and it is hereby ORDERED that said motion is GRANTED. The government is hereby ORDERED to show cause why it should not be held in contempt for its violations of this Court’s Standing Brady Order. The government is hereby ordered to provide all original documents requested by the defense for which the government has only provided summaries, including raw notes supporting those documents.
The government is also ordered to take all steps necessary to preserve all forms of electronic communications, cell phones, and computers of all members of Special Counsel team and the Department of Justice or FBI who communicated with Lisa Page and/or Peter Strzok, whose devices were destroyed. The government is also ordered to preserve all documents that mention Mr. Flynn.”