Monthly Archives: January 2020

Flynn motion to dismiss for egregious government misconduct January 29, 2020, Remarkable new Brady evidence prosecution has long suppressed

Flynn motion to dismiss for egregious government misconduct January 29, 2020, Remarkable new Brady evidence prosecution has long suppressed

And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell

“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

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From the General Michael Flynn

MOTION TO DISMISS FOR EGREGIOUS GOVERNMENT
MISCONDUCT AND IN THE INTEREST OF JUSTICE

January 29, 2020.

“Michael T. Flynn (“Mr. Flynn”) hereby moves to dismiss the charges against him for outrageous government misconduct and in the interest of justice.1 This motion is based on exculpatory evidence (“Brady”) as well as egregious government misconduct that was discovered after Mr. Flynn’s Motion to Compel Brady Material (ECF No. 109) and related briefing.

Such exculpatory evidence and outrageous misconduct includes that on December 9, 2019, the Inspector General of the Department of Justice (“DOJ”) issued its 478-page report on the “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation” (“IG Report”).2 The IG Report illustrates the misconduct by the government as further detailed below.

Further, on December 15, 2019, the government produced to Mr. Flynn’s defense team 637 pages of documents—including sixteen long-awaited FD-302s and 206 pages of corresponding FBI handwritten notes—all of interviews of Mr. Flynn. Additionally, in its Supplemental Sentencing Memorandum (which also breaches the plea agreement), the government included never-produced FD-302s of the government’s interviews with Mr. Flynn’s prior counsel at Covington & Burling (“Covington”), Robert Kelner and Brian Smith, from June 2018. ECF No. 150-4 through 150-6. The government also belatedly produced to Mr. Flynn FD-302s and related documents as recently as January 23, 2020. ECF No. 157.

These documents contain remarkable new Brady evidence that the prosecution has long suppressed. For instance, this evidence not only belies the bogus FARA “false statement” charges Mr. Van Grack leveraged against Covington and Mr. Flynn, but also demonstrates Mr. Van Grack knew these charges were bogus, yet sought to have Mr. Flynn make a false statement in his EDVA interview on June 25, 2019, and was encouraging subornation of perjury by Mr. Flynn. See ECF
No. 151. Additionally, the IG Report shows that the government long suppressed evidence of shocking malfeasance by the leadership of the FBI and Supervisory Special Agent 1 (“SSA 1”) that was favorable to Mr. Flynn’s defense. For these reasons, and those outlined in prior briefing, Mr. Flynn moves to dismiss this entire prosecution for outrageous government misconduct and in
the interest of justice.

This factually and legally baseless “investigation” and prosecution of Mr. Flynn has no precedent. From the FBI’s insertion of SSA 1 into the August 17, 2016 presidential briefing of candidate Trump and Mr. Flynn, to the former Director of the FBI bragging and laughing on national television about his own cleverness and violations of FBI/DOJ rules in dispatching agents to the White House to interview the new President’s National Security Advisor, to the still missing
original FBI FD-302 of the January 24, 2017 interview—everything about this prosecution has violated long-standing standards and policy for the FBI and the DOJ. In addition to the myriad of breaches and irregularities identified in our prior filings, the IG Report released on December 9, 2019, reveals even more evidence of the FBI’s deceitful and wrongful conduct that should have
been disclosed to Mr. Flynn’s defense.3

There were two FBI agents who interviewed Mr. Flynn in the White House on January 24, 2017—Agent Peter Strzok and SSA 1. The IG Report confirms both participated in government misconduct. As explained in further detail below, not only was Strzok so biased, calculated, and deceitful he had to be terminated from Mueller’s investigation and then the FBI/DOJ, but it has also now been revealed that SSA 1 was surreptitiously inserted in the mock presidential briefing
on August 17, 2016, to collect information and report on Mr. Trump and Mr. Flynn. Moreover, SSA 1 was involved in every aspect of the debacle that is Crossfire Hurricane and significant illegal surveillance resulting from it. Further, SSA 1 bore ultimate responsibility for four falsified applications to the FISA court and oversaw virtually every abuse inherent in Crossfire Hurricane—
including suppression of exculpatory evidence. See generally IG Report.

Only the dismissal of this prosecution in its entirety would begin to get the attention of the government, the FBI, and the DOJ needed to impress upon them the “reprehensible nature of its acts and omissions.” United States v. Kohring, 637 F.3d 895, 914 (9th Cir. 2011) (Fletcher, J., concurring in part and dissenting in part).”

Read More:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.162.0_1.pdf

 

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Unequivocal proof FBI hiding Seth Rich records, Attorney Ty Clevenger letter to US Attorney John Durham, Criminal Complaint January 27, 2020

Unequivocal proof FBI hiding Seth Rich records, Attorney Ty Clevenger letter to US Attorney John Durham, Criminal Complaint January 27, 2020

And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell

“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

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From Attorney Ty Clevenger January 27, 2020.

“We now have unequivocal proof that the FBI is hiding records about Seth Rich

The FBI is hiding documents about murdered Democratic National Committee employee Seth Rich, according to emails released last week, so this morning I requested a criminal investigation into the cover-up.

As most people outside of solitary confinement know, the whole “Russian collusion” investigation began with the premise that Russia hacked the DNC, but considerable evidence suggests that the DNC emails were downloaded by someone inside the DNC — liike Mr. Rich — and then provided to Wikileaks.

Rather than re-invent the wheel, I’ve copied and pasted my letter to U.S. Attorney John Durham, U.S. Attorney Richard Donoghue, and Inspector General Michael Horowitz:

Mr. Durham, Mr. Donoghue and Mr. Horowitz:

I wish to file a criminal complaint regarding false statements made by FBI Section Chief David M. Hardy in two affidavits [click here and here] filed in the FOIA case identified above [i.e.Ty Clevenger v. U.S. Department of Justice, et al., Civil Action No. 18-CV-01568]. I requested FBI records pertaining to Seth Rich, who allegedly was the source of Democratic National Committee emails published by Wikileaks in 2016 (rather than Russian hackers). In the affidavits (attached to the email version of this letter), Mr. Hardy testified that his office conducted a reasonable search, and it found no responsive records.

New evidence proves otherwise, and it appears that Mr. Hardy has perpetrated a fraud on the court. Judicial Watch recently published documents that it obtained in response to a FOIA request for communications between former FBI agent Peter Strzok and former FBI attorney Lisa Page (https://www.judicialwatch.org/wp-content/uploads/2020/01/JW-v-DOJ-Strzok-Page-Prod-16-00154.pdf), and I would direct your attention to pages 123-125. In those pages, you will find a heavily-redacted email discussion regarding Mr. Rich.  Note that the header on those emails is “Seth Rich.”

I defy Mr. Hardy to provide an innocent explanation for his office’s failure to produce these emails, and I suspect the misconduct reaches far beyond my specific FOIA request. Several facts are worth noting:

* Mr. Hardy touts the reasonableness of relying on the FBI’s Central Records System (“CRS”), but note that CRS does not search the FBI email system. That sort of half-baked, designed-to-fail search methodology would never be tolerated in litigation among private parties, yet it appears to be standard operating procedure at the FBI. And note that when I asked the FBI to search its email systems, it arbitrarily refused.

* Mr. Hardy’s staff purportedly searched for “Seth Conrad Rich” but failed to search for “Seth Rich,” another tactic designed to exclude responsive records.

* According to Mr. Hardy’s affidavit, the only records indexed by CRS are those that are manually designated by FBI personnel. Undoubtedly, FBI personnel know that they can immunize their email communications from FOIA requests simply by omitting the subject matter from the CRS, because Mr. Hardy will subsequently declare (1) that a CRS search is sufficient and (2) there is no need to conduct an email search.

I have previously written to Mr. Durham regarding evidence that the FBI was hiding information about Mr. Rich, and I have attached a December 13, 2019 order issued in Butowsky v. Folkenflik, Case No. 4:18-cv-00442-ALM-CMC (E.D. Tex.). Please see pages 23-29 in particular. Finally, I have attached an October 8, 2019 reply in the FOIA case, and it notes a previous occasion wherein Mr. Hardy provided inaccurate information to a court.”

 

Read more:

http://lawflog.com/?p=2282

 

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Flynn supplemental sentencing memorandum January 22, 2020, “Mr. Flynn told the government the truth about every question it asked him”

Flynn supplemental sentencing memorandum January 22, 2020, “Mr. Flynn told the government the truth about every question it asked him”

“John Adams was right: “facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” The government tried to manufacture facts in the Rafiekian case and they thought they could strongarm Mr. Flynn into helping them through perjury. But they underestimated the will and courage
of Michael T. Flynn, a man that bravely and selflessly spent his life protecting his fellowAmericans. In considering the whole story of this man and his sacrifices, the Court should impose no more than a sentence of probation.”...Attorney Sidney Powell motion January 22, 2020

“And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell

“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 General Michael Flynn supplemental sentencing memorandum January 22, 2020.

“This Court should swiftly reject the government’s brazen attempt to punish Mr. Flynn for refusing to compose rather than sing. 1 The reversal of its sentencing position is not only unjust, itis unlawful. If left unchecked, it will send a dangerous message to cooperators – give testimony consistent with the government’s theory of the case, regardless of veracity, or pay the price with
your freedom.

The government also continues its campaign to hold Mr. Flynn responsible for false statements in a FARA filing. It ignores the facts in its possession as well as the decision of another court. Any misstatements in the March 2017 FARA filing at issue were not the fault of Mr. Flynn. He gave his lawyers complete and accurate documents and information. Moreover, he did his part
to make sure any FARA filing was accurate. The FARA statements listed in the Statement of Offense (ECF No. 4) are either not false or not attributable to Mr. Flynn.2

Mr. Flynn dedicated his life to serving his country. While the defendants in other cases cited by the government were working to benefit themselves, Mr. Flynn wrote a blank check on his life and put himself in harm’s way for more than five years in foreign deployments and thirtythree years of service to protect all Americans. He has touched the lives of countless people in the
process, many of whom wrote letters to the Court on his behalf. For the reasons set forth in this supplemental memorandum and Mr. Flynn’s initial sentencing brief (ECF No. 50), Mr. Flynn should receive a sentence, if any, 3 of probation and community service.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.156.0_1.pdf

 

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Flynn original FBI 302 witness found, Sidney Powell: “witness who says the original 302 did in fact say that Flynn was honest with the agents.”

Flynn original FBI 302 witness found, Sidney Powell: “witness who says the original 302 did in fact say that Flynn was honest with the agents.”

“And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell

“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

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From The Gateway Pundit January 17, 2020.

“HUGE! Attorney Sidney Powell: We Now Have a Witness to the Original 302 Who Says Flynn Was Honest with the Agents (AUDIO)

Sidney Powell filed a motion in October revealing that General Flynn was indeed set up by the FBI with an ambush, damaging leaks and altered 302 reports.

Powell revealed that former FBI lawyer Lisa Page EDITED General Mike Flynn’s 302 report, then lied to the DOJ about the edits.

A 302 summary report consists of contemporaneous notes taken by an FBI agent when interviewing a subject.

“Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she edited Mr. Flynn’s 302 and was part of a small, high-level group that strategically planned his ambush.” the filing said.”

“Sidney Powell:  “And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”

And yet the government is withholding this evidence!”

Read more:

https://www.thegatewaypundit.com/2020/01/huge-attorney-sidney-powell-we-now-have-a-witness-to-the-original-302-who-says-flynn-was-honest-with-the-agents-audio/

Sidney Powell on The Larry O’Connor Show 01.16.2020

https://omny.fm/shows/the-larry-o-connor-show/sidney-powell-on-the-larry-oconnor-show-01-16-2020

 

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Flynn Supplemental Brief In Support of motion to withdraw plea of guilty, January 16, 2020, To clarify Van Grack’s responsibility for redline draft

Flynn Supplemental Brief In Support of motion to withdraw plea of guilty, January 16, 2020, To clarify Van Grack’s responsibility for redline draft

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From the General Michael Flynn

SUPPLEMENTAL BRIEF
IN SUPPORT OF MOTION TO WITHDRAW PLEA OF GUILTY.

“Michael T. Flynn “Mr. Flynn” submits this supplemental brief to clarify and supplement his Motion to Withdraw Plea of Guilty.
To clarify the sequence of events, especially Mr. Van Grack’s responsibility for the redline draft that deleted the assertion that Mr. Flynn “then and there knew” there were “false statements” in the FARA registration form, ECF No. 151 at 12, also attached here as Exhibit 1 (highlighting added). The defense provides the following emails (attached as Exhibits 2-4):
• Monday, Nov. 27, 2017, at 6:21 pm: Brandon Van Grack sent the proposed plea
documents to Covington & Burling LLP (“Covington”) lawyers.
• Monday, Nov. 27, 2017, at 6:31 pm: Robert Kelner passed the draft plea documents to the Covington team.
• Tuesday, Nov. 28, 2017, there was no email traffic on these issues found even
internally throughout Covington team members and Mr. Van Grack.
• Wednesday, Nov. 29, 2017, at 8:55 am: Brandon Van Grack sent Robert Kelner and Steve Anthony an updated, PDF redlined version of the plea documents, that deleted “as he then and there knew” (this deleted the only language that implicated Mr. Flynn with any knowledge of any “false statements” in the FARA registration when he signed t).
• Wednesday, Nov. 29, 2017, at 7:49 pm: Brandon Van Grack wrote to Covington that he could not send the signed documents that night. 1

The import of this is that the Special Counsel’s Office (“SCO”) and Mr. Van Grack in particular knew full well that Mr. Flynn had consistently maintained that he did not know the FARA filings were false when he signed them, and during the plea process, Mr. Flynn had refused to sign a statement that said he did.

Even though Mr. Van Grack and SCO deleted that crucial language themselves, and Mr. Van Grack transmitted it back to Covington, Mr. Van Grack exploded at Mr. Flynn’s new counsel in the EDVA when she advised that Mr. Flynn would not lie and testify that he knowingly and intentionally signed a FARA registration containing any known “false statements.” Every step
Mr. Van Grack, Mr. Turgeon, and other prosecutors have taken against Mr. Flynn since that moment has been retaliatory, vindictive, and in bad faith—including the government’s about-face in its sentencing memorandum of January 7, 2020. 2

Shockingly, this evinces the strong inference the prosecutors themselves conspired to cause Mr. Flynn to make false statements in violation of 18 U.S.C. §1001, and they conspired and encouraged the subornation of perjury as they tried to force Mr. Flynn to say he lied to his lawyers when they knew their narrative was false and the FARA registration was correct.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.153.0_1.pdf

 

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Michael Flynn prosecutor Van Grack Committed Subornation of Perjury, Pushed General Flynn to Commit Perjury, Attorney Sidney Powell on Lou Dobbs show

Michael Flynn prosecutor Van Grack Committed Subornation of Perjury, Pushed General Flynn to Commit Perjury, Attorney Sidney Powell on Lou Dobbs show

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From The Gateway Pundit.

“HUGE: Attorney Sidney Powell Just Caught DOJ Prosecutor Van Grack Committing Subornation of Perjury – Pushing Gen. Flynn to Commit Perjury!”

“On Wednesday Sidney Powell broke the news that her team has found evidence of the Deep State Prosecutor Brandon Van Grack committed subornation of perjury by pushing General Michael Flynn to commit perjury on the court.

Sidney Powell made the claims tonight on Lou Dobbs.”

“Attorney Sidney Powell:   We have evidence now that they were actually trying to force Mr. Flynn to lie to a jury and a judge in the Eastern District of Virginia last year last summer and they knew that’s what they were trying to do then.. We have a red lined document showing Mr. Van Grack himself transmitted to Covington, the Special Prosecutor from Special Counsel’s task force, who’s still running this prosecution … And has a history.  He was with Mr. Weissmann on the Special Counsel operation and determined to take down General Flynn because that was their path to the president.   They had to prosecute Flynn to try to pursue the obstruction mess.”

“Sidney Powell: What I am seeing and finding by the day is an absolute outrage.  What my three colleagues found before coming over here is that Mr. Van Grack actually changed the language in the statement of offense they created against General Flynn and knew that.  So when he tried to… when he said last summer that he wanted Flynn to testify to something he knew because he did it himself that it wasn’t true.  And if that isn’t subornation of perjury, I don’t know what is… And now they want to punish him (General Flynn) for not lying in his sentencing.”

Read more:

https://www.thegatewaypundit.com/2020/01/huge-attorney-sidney-powell-just-caught-doj-prosecutor-van-grack-committing-subornation-of-perjury-pushing-gen-flynn-to-commit-perjury/

 

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Flynn motion to withdraw guilty plea, Government’s bad faith, vindictiveness, and breach of the plea agreement, Significant developments in the last thirty days 

Flynn motion to withdraw guilty plea, Government’s bad faith, vindictiveness, and breach of the plea agreement, Significant developments in the last thirty days

“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

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From the General Michael Flynn

MOTION TO WITHDRAW PLEA OF GUILTY
AND UNOPPOSED MOTION FOR CONTINUANCE.

“Michael T. Flynn (“Mr. Flynn”) hereby moves to withdraw his plea because of the government’s bad faith, vindictiveness, and breach of the plea agreement. See ECF No. 150. Mr. Flynn also requests a continuance of the sentencing date set for January 28, 2020, for thirty days or until February 27, 2020, or such other subsequent day that is convenient to the Court and counsel, and a corresponding extension of time to file any supplemental sentencing memorandum (from January 22, 2020, to February 21, 2020). The continuance is requested to allow time for the government to respond to the most recent aspects of this Motion and for Mr. Flynn to provide the additional briefing he needs to protect the record and his constitutional rights in light of significant developments in the last thirty days.

Mr. Flynn’s counsel conferred with the government about the continuance requested herein beginning the morning of January 10, 2020, and provided a letter yesterday to include as the Certificate of Conference. The government’s timely response is attached as the Certificate of Conference. Since that conference, Mr. Flynn has instructed counsel to request withdrawal of his
plea because of the government’s breach of the plea agreement. Accordingly, pursuant to Puckett v. United States, 556 U.S. 129 (2009),1 Mr. Flynn files this Motion now in the interest of justice.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.151.0_1.pdf

 

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