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

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

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

  1. “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

  2. CW……..
    ………..now that Flynn has withdrawn his guilty plea the DOJ might decide to reduce the sentence to PROBATION………which is STILL BULLSH-T. Flynn DONE NOTHING WRONG therefore any sentence at all is a gross miscarriage of justice. I pray that Powell will champion ONLY the complete expungement of all charges against Flynn. This is the only way the DOJ can be fair to Flynn. Powell should proceed to a civil lawsuit against EACH and every arm of the government individually. In addition his status, and military retirement should also be restored exactly as it was before he was attacked by the US Government.

  3. TODAY…….
    ………….we are seeing the IDIOTIC IMPEACHMENT falling apartment. Atom Sniff continues to FOAM AT THE MOUTH, as he raves and rants his invective. Mzzzzzzzzzzzzz. IMPORTANT is having deepening DO DO surrounding her. She shows a seriously increasing PSYCHOSIS, and a need to be incarcerated in a psych hospital.

  4. TODAY……..
    …………..Mzzzzzzzzzzzzzzzzzz. Pocahontas says she is going to take on online misinformation. LOTS OF LUCK POCAHONTAS!!!! This also implies that she will be creating her own special form of MISINFORMATION. She won’t be CREATING it because she has been spewing misinformation for decades. ANOTHER PSYCHOTIC IN NEED OF TREATMENT !!!!

  5. TO VANESSA BRYANT………
    ………at our house we are sharing your grief. GOD HAS WATCHED, AND HEARD…….

  6. YESTERDAY…..
    …………..Dershowitz was extremely eloquent each time he spoke. In watching the expressions on Roberts face each time, he was clearly angered at what Dershowitz had to say. This tells me that Roberts might be a wolf in sheeps clothing. I have held this conviction ever since he became Chief Justice.

  7. AND NOW…….
    ………”TICKET SHAVING” BEGINS !!! EVERY YEAR CRIMINALS COLLECT A HUGE RAKE OFF ON SUPER BOWL TICKETS. THE LAW CAN PURSUE THESE PEOPLE, BUT ONLY A HANDFUL ARE ACTUALLY PROSECUTED.

  8. AND TODAY……..
    …………MASS PROPHYLAXIS TREATMENT BEING PERFORMED UPON ALL ARRIVING US PERSONELL FROM CHINA. THE DEATH COUNT NOW STANDS WELL OVER 100 WORLDWIDE. THERE ARE OVER 7700 INFECTED WORLDWIDE. WE PRAY THAT THE INFECTIOUS ILLNESS CAN BE STOPPED FROM SPREADING.

  9. AND IF………
    ………..there is 1 infected person in your city, there is a strong possibility that there WILL BE others infected by that person. Fortunately for me I live a reclusive sort of life. This might be a blessing in disguise.

  10. AND THIS MORNING…….
    ………..DEMOCRATS ARE ATTEMPTING TO BLOCK THE POTUS FROM EVEN PERFORMING HIS NORMAL DUTIES OF OFFICE. THE DEMOCRATS NOW THINK THEY ARE RUNNING THE EXECUTIVE BRANCH. OBVIOUSLY THEY ARE SO DAMN STUPID THEY AREN’T EVEN AWARE OF WHAT IS KNOWN AS SEPARATION OF POWER., AND CO EQUAL ARMS OF GOVERNMENT. IF I WAS IN THE CHIEF JUSTICE’S SHOES I WOULD BE EXTREMELY ANGERED BY WHAT IS GOING ON. ONE OF THESE DAYS I WOULD HOPE THAT THE SCOTUS WOULD FINALLY YELL “ENOUGH” AND INTERVENE IN THE IDIOTIC DEMOCRATIC BULLSH-T WHICH HAS BEEN GOING ON FAR TOO LONG THE CRAZED DEMOCRATS ARE NOW TRYING TO PUT OUR GOVERNMENT INTO A PARLIAMENTARY SORT OF OPERATION WHEREBY THE DEMOCRATS ARE THE ABSOLUTE LEADERS OF AMERICA FOREVER. ALL OF THIS SORT OF MENTALITY IS A PRODUCT OF SICK, TWISTED, AND OTHERWISE PSYCHOTIC MINDS. I TEND TO BELIEVE THAT WHEN THE DEMOCRATS ATTEMPT TO PERMANENTLY TAKE OVER THE GOVERNMENT THERE WILL BE AN UNEXPECTED EXPONENTIAL PUSH BACK FROM ALL OF THE AMERICAN VOTERS. ONE OR TWO DEMOCRATS MIGHT EVEN BE LEFT DANGLING FROM LIVE OAK TREES

  11. AND TODAY……….
    ……….today I read that the South Bend homosexual is being referred to by some people as “BUTT GIG”. I have never heard such an expression, but given the anatomical reference the expression probably refers to something which is a practice within the lifestyle of homosexuals.

  12. oldsailorr85++
    Observation
    “Impeached Forever” Democrats claim that this is a TRIAL?
    A Trial based on what?? 
    Hearsay depositions, 
    NO evidence, 
    NO witnesses, 
    6th amendment violations, 
    equals
    Case “DISMISSED!”

  13. hapnHal…………
    ……….10-4……….right on !!!!

  14. AND TODAY……….
    ………we are seeing, and hearing one of the most ignorant congress women I have ever heard. This is Mzzzzzzzzzzz Vel Damings of Florence. She can barely read coherently.!!!!

  15. AND NOW……
    …………the impeachment managers are demanding that the US Senate complete the work that the HOUSE failed to complete. Instead they passed it to the Senate as COMPLETED. Now they demand that the Senate do their work. REAL BULLSH-T !!! They whine that the Senate will be guilty of a coverup if they refuse. I think there should be no further witnesses allowed. The house said they had heard 17 witnesses…..how damn many do they think they need ……maybe a couple of thousand witnesses bearing HEARSAY BULLSH-T.?

  16. AND IF……..
    ………Bolton testifies anything he has to say will NOT be relevant to the impeachment articles, and would be inadmissible in a court of law.

  17. AND NOW……..
    ……….JINGLE JAWS Joe Lopgren is adding some more fantasy stuff. This individual seems to be possessed in some sort of fantasy.

  18. AND NOW……..
    ………….democrats LOSE 51-49. Durham will be STILL investigating Biden, and son. They are NOT out of the woods.

  19. AND ………
    ………..I have been listening, and watching the alleged impeachment trial on C SPAN 2 from day one. This is the ONLY PLACE where you get everything as it happened, when it happened, where it happened, and how it happened.

  20. AND EARLIER…….
    …………Mr. SHOOMER tried to bully Chief Justice Roberts…….he instantly regretted it. har har. Roberts wasted no time in rubbing SHOOMER’S nose in his own bullsh-t.

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