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
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.”