General Flynn case: impact of Horowitz IG Fisa Abuse report, Attorney Sidney Powell position of prosecutorial misconduct strengthened, Judge Sullivan outrage?
“The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. “…Attorney General Barr
“While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.”…Attorney General Barr
“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
From The Federalist December 13, 2019.
“How The IG FISA Abuse Report Affects Michael Flynn’s Case”
Monday’s release of Inspector General Michael Horowitz’s 476-page tome on the Department of Justice and FBI’s misconduct in the lead up to and aftermath of the 2016 presidential election continues to make news—and rightly so. That the DOJ and FBI obtained a surveillance order from a secret court to spy on Carter Page with a series of applications riddled with errors, fabrications, and inexcusable omissions of material fact is shocking. The shocking breadth of the government’s misconduct raises an interesting corollary question: How will Judge Emmet Sullivan react to these devastating revelations?
Sullivan has been hunkered down in his chambers for the last month contemplating (or drafting) his ruling on attorney Sidney Powell’s pending motion in the criminal case against her client, Michael Flynn. Flynn had pleaded guilty to making a false statement to the FBI before Powell took over as his defense counsel. Flynn’s sentencing was postponed to allow Powell to get up to speed in the case. Soon after, Powell filed a motion to compel federal prosecutors to turn over Brady material and other evidence that had been withheld from Flynn’s previous attorneys.
In briefing the motion to compel, in addition to arguing that the government improperly withheld evidence from Flynn, Powell also claimed that “[t]he FBI had no factual or legal basis for a criminal investigation, nor did they have a valid basis for a counter-intelligence investigation against an American citizen, and they all knew it. The evidence the defense requests will eviscerate any factual basis for the plea and reveal conduct so outrageous—if there is not enough already—to mandate dismissal of this prosecution for egregious government misconduct.””
“Now that the report is out, the question is how it will affect Flynn’s case. While the IG report focused mainly on the DOJ and FBI’s conduct related to the four Foreign Intelligence Surveillance Act (FISA) applications used to obtain an order to surveil Page, Horowitz’s investigation and findings raise two issues of import in the case against Flynn.
First and foremost is the extensive evidence of government misconduct and abuse the IG uncovered. The misconduct was so extensive and egregious that it can only remind Judge Sullivan of the prosecutorial misconduct he witnessed when he presided over the DOJ’s criminal case against the late Sen. Ted Stevens—an investigation and prosecution that Sullivan would later conclude was “permeated by the systematic concealment of significant exculpatory evidence…”
Soon after taking over Flynn’s case, Powell had evoked the Stevens’ prosecution as a comparator, but the IG report adds gravitas to her comparison. When asked about the effect of Horowitz’s report, Powell told The Federalist, “given the stunning lies and conduct by the FBI painfully documented in the report, I would expect Judge Sullivan—at a minimum—to order the production of everything we requested. Yet again, we see the DOJ learned nothing from the Ted Stevens case. Stronger action is required to impress upon the government a rejection of its reprehensible conduct.” Powell added that “far too many in the FBI and DOJ are willing to hide evidence, falsify documents and make up crimes to achieve their objectives—regardless of their motives.”
Before the IG report, Judge Sullivan might have put Powell’s claim of egregious prosecutorial misconduct down to “zealous advocacy.” But it is impossible to contemplate the Sullivan who tossed the Stevens’ case reacting with anything less than outrage to the recent revelations of misconduct. And while the IG report may seem only tangentially related to Flynn, most of the same bad actors were involved in both the Page and Flynn investigations.”