Sidney Powell surreply November 4, 2019, “Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge”
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go.”…Attorney Sidney Powell November 4, 2019
“Truth, due process, evidence, rights of the accused: All are swept aside in pursuit of the progressive agenda.
George Orwell’s 1949 dystopian novel Nineteen Eighty-Four is no longer fiction. We are living it right now.”…National Review September 25, 2018
From United States v. Michael Flynn
Filed November 4, 2019 by Attorney Sidney Powell.
“MR. FLYNN’S SUR-SURREPLY IN SUPPORT OF HIS MOTION TO COMPEL
PRODUCTION OF BRADY MATERIAL AND FOR AN ORDER TO SHOW CAUSE”
“If accepted, the government’s approach would allow endless manipulation by prosecutors: target individuals, run search warrants, seize devices, interrogate for days, threaten family members, cajole, but never charge until the clock strikes midnight once a plea is extracted. Yet playing cat-and-mouse with the Due Process Clause is the opposite of what the Brady-BagleyGiglio line of cases is all about. Perhaps even more significantly, the government’s position
wholly ignores this Court’s Standing Order, which not only has no such timing requirements, but is issued for the precise purpose of eliminating the games the government played here.”
“The government has known since prior to January 24, 2017, that it intended to target Mr. Flynn for federal prosecution. That is why the entire “investigation” of him was created at least as early as summer 2016 and pursued despite the absence of a legitimate basis. That is why Peter Strzok texted Lisa Page on January 10, 2017: “Sitting with Bill watching CNN. A TON more out. .
. We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.” 3 The word “pretext” is key. Thinking he was communicating secretly only with his paramour before their illicit relationship and extreme bias were revealed to the world, Strzok let
the cat out of the bag as to what the FBI was up to. Try as he might, Mr. Van Grack cannot stuff that cat back into that bag.4
Former Deputy Director Andrew McCabe as much as admitted the FBI’s intent to set up Mr. Flynn on a criminal false statement charge from the get-go. On Dec. 19, 2017, McCabe told the House Intelligence Committee in sworn testimony: “[T]he conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements
that he made in the interview . . . the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.” McCabe proceeded to admit to the Committee that “the two people who interviewed [Flynn] didn’t think he was lying, [which] was not [a] great beginning of a false statement case.” Ex. 1.”
“But here, to use Strzok’s own words, the investigation was “a pretext;” the object of the interview was to secure, rather than prevent, a 1001 violation. The “poor
start” further reveals Mr. McCabe’s determination to create a case despite the agents’ belief Mr. Flynn was telling the truth. Having such concrete evidence as to the prosecution’s thinking processes is rare; having it in text messages and sworn congressional testimony is priceless.”
“The Strzok-Page text messages confirm that Lisa Page had two opportunities to edit drafts of the crucial 302. Strzok returned to his FBI office the night of February 10, 2017, to input the edits she made on the draft she had earlier left in Bill [Priestap’s] office (about which they hatch a cover-story), then sent her another version over the weekend. The government thus implicitly
admits there was at least one version prior to the February 10 edition.”