US v Michael Flynn update April 10, 2020, Former defense counsel Covington & Burling provides documents “not previously transferred to successor counsel”

US v Michael Flynn update April 10, 2020, Former defense counsel Covington & Burling provides documents “not previously transferred to successor counsel”

“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr

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




“Covington & Burling LLP (“Covington”) submits this Supplemental Notice to provide information to the Court about the transfer of the case file to successor counsel. On July 25, 2019, Covington & Burling LLP filed a Notice Regarding Transfer of Case File to Defendant’s New Counsel (Doc. 99). That Notice informed the Court that Covington had transferred its working case file in this case to new counsel within days of the termination of its representation
of Mr. Flynn, and that we had then turned to identifying, collecting and transferring a large body of emails, text messages, handwritten notes, time records, voicemails, hard copy documents, and other records that were not maintained in that working case file during the ordinary course of
business. Having finished that process, we stated that “the firm’s transfer of its case file to General Flynn’s new counsel is now complete.”

In reviewing materials in response to the Court’s March 6, 2020 Order (Doc. 174) to respond to Mr. Flynn’s specific allegations in his Supplemental Motion to Withdraw Plea of Guilty (Doc. 160), however, we have found emails and two pages of handwritten notes that were not previously transferred to successor counsel. With respect to the emails, this appears to have resulted from errors in the process of collecting and searching electronic materials that were not contained in the working case file. The two pages of notes appear to have been inadvertently missed during the file transfer process. Today, we made a supplemental transfer to Mr. Flynn’s current counsel of the emails and notes identified to date as not having been transferred previously. We are in the process of working with our information technology personnel, as
expeditiously as possible, to determine what other materials were not captured by the prior electronic searches and to collect and transfer them promptly to Mr. Flynn’s current counsel. We will apprise the Court when this is completed and will provide any further information that the Court requires.”

From Sara Carter:

“Flynn’s new defense team is combing through the new trove of documents, suggesting that the appropriate action by the DOJ would be to dismiss Flynn’s case entirely based on egregious government misconduct.

“It’s an interesting new production of documents from the Flynn file. It will be even more interesting to see what the firm has to say about them. We are really looking forward to a hearing in court on all the issues that will exonerate General Flynn,” said Powell, who spoke to

“Meanwhile, the government still refuses to produce the original 302 and the DOJ memo of January 30, 2017 that exonerated him of any Russia issue, and it still refuses to dismiss the case because of the egregious government misconduct from the inception of this persecution—including slipping an FBI Agent secretly into a presidential briefing in August 2016—before the election—to collect information on nominee Trump and General Flynn,” she added. “The country and Justice would be best served if the DOJ would take responsibility for these outrageous actions and the deliberate attempted destruction of an honorable man. The agents who interviewed him knew he was honest with them.  They later altered the 302 until it was approved by Andrew McCabe.”

Last week, a status report was filed by prosecutors to delay the anticipated April 3 status report hearing to April 24. Justice Department prosecutors contend that the documents provided by Flynn’s former legal counsel “are voluminous, span numerous topics that arose during Covington’s 30-month representation of Mr. Flynn , and include many pages of sometimes difficult-to-decipher handwritten notes.””

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34 responses to “US v Michael Flynn update April 10, 2020, Former defense counsel Covington & Burling provides documents “not previously transferred to successor counsel”

  1. “In reviewing materials in response to the Court’s March 6, 2020 Order (Doc. 174) to respond to Mr. Flynn’s specific allegations in his Supplemental Motion to Withdraw Plea of Guilty, however, we have found emails and two pages of handwritten notes that were not previously transferred to successor counsel,”
    Michael Flynn former counsel

  2. Sue K, et al.
    I always want data from multiple sources.
    Always appreciated.
    Something is wrong in MA.
    Boston is your big city.
    MA has almost as many deaths as CA.
    MA, 2/3 pop of NC has far more deaths.
    Is the problem leadership in Boston (like NYC & N NJ)?
    States near MA have few deaths.
    Sue K, what is your take?

  3. Hi CW,

    Something is *always* wrong in MA however, I think that the state and local officials are doing the best they can. COVID-19 transcends party lines, at least for now.

    The City of Boston has imposed a curfew (9:00 PM-6:00 AM) for all ‘neighborhoods’ for non-emergency workers. One of the problems here is that people continue to congregate, even when they’re told not to. Yankee stubbornness, I suppose, but we also have many sanctuary cities (hopefully, we will never be a sanctuary state) with a ton of illegals who don’t understand the English language and what this virus really is.

    Also, we have 6.9 million people crammed into an area of only 7,838 square miles. Boston, Worcester, Springfield, New Bedford, and the Merrimack Valley cities of Lowell, Lawrence and Haverhill are very thickly settled. ‘The Islands’ of Nantucket and Martha’s Vineyard (Obamas, please go somewhere else) each have just a handful of cases; they are also sparsely populated at this time of year, but the summer season brings the tourists. Perhaps not this year….

    CT, RI, VT, NH and ME do not have the populations we do. Although ME is a very large state, they are sparsely populated; CT is closest to MA in population however, they have nearly 3 million souls…half of the population of MA. VT has slightly under 1 million residents in the entire state.

    Tighter quarters = more cases and more fatalities.

    We need to look at the college community and hospital staff: I don’t have the figures, but a good chunk of our college students (undergrads, Masters and PhD candidates) are foreign. Many physicians are also foreign; doctors all over the world want to work and do their research in our world class teaching hospitals. This adds bodies to an already packed little state.

    That’s my observation. MA is overpopulated and that’s why we’re seeing the numbers skyrocket every day. The reasons why many move here are the hospitals, universities and the many Biotech/Pharma companies that reside here.

    We’re in the middle of a mess…

  4. Still curious how CA is doing so well.
    LA county has over 10 million pop.
    And they have large intl airports.

  5. Not sure about CA and yes, they have people coming out the wazoo. I’m thinking that the reduction in positive cases/fatalities may be because a lot of cities and towns are under a Shelter-in-Place order, which is more restrictive than the Stay-at-Home order we have here.

    Will see if I can find more info…

  6. I was amazed that CA has performed so well & the gov cooperating with Trump.

  7. AG Barr on Trump investigation.

  8. CW,

    Did a little research, so please bear with me. I read the CA Dept. of Public Health’s web site and looked at their stats.

    Gov. Newsom has very much the same Stay-at-Home order as MA; his Executive Order is a little less restrictive than ours, and there are no curfews in effect that I could find.

    First, CA: As of today, CA is reporting 19,472 positive cases, with 541 fatalities. I looked at a map of the heavily affected areas, and they’re centered around LA and San Diego, both of whom have large populations; LA currently has 4M residents (urban flight?) and San Diego has 3M residents, so we’re talking ~ 7M residents crowded into these two urban areas. There are sporadic pockets of infection around the state, but not enough to register. Curiously, northern CA seems to be pretty much unaffected. That surprised me with their proximity to OR and the problem they’ve had with this virus in the Pacific Northwest.

    Today, MA is reporting 20,974 positive cases, with 599 fatalities. The population of MA is 6.9M.

    So, from what I’m seeing these numbers are in line for both states with large populations centered in and around urban areas. It makes sense why MA, CA, and NY have a boatload of positive cases (and fatalities), while ND and WY do not. I think you’ll see that urban areas in each state account for the majority of cases in that state.

    It’s people. Lots of them. Residing or working in one area. It’s easy to spread the virus when you’re elbow to elbow with no space in between. Social distancing is pretty near impossible when you’re crammed into a particular area that offers little breathing room.

    The bottom line is states with large populations centered around the urban areas are getting clocked with this virus. Unfortunately, I live in one of them. I’m praying that the surge (when it comes) in other states isn’t as bad as what we’re experiencing now.

    Just want to add that this virus has mutated. Britain seems to have a particularly deadly strain (and I know someone in his early 40s who has it over there; 4 weeks in hospital and now, to rehab), while other countries and places in the U.S. are reporting mild symptoms, like that of the common cold. The important question is: Do you develop antibodies to this virus once you’ve had it? Some people who’ve tested negative after having it again come up positive. Is this the mutation? Don’t know at this point. The fear is that it will become a seasonal phenomenon. And that’s a huge fear.


  9. CW et al………..
    ………have a peaceful, and happy Easter

  10. Sue K,
    Thanks for that study & analysis.
    I am still left with the CA question.
    Sitting here, not fully awake, a thought came to me.
    The large pop centers of CA, with the exception of air travel, are a bit of an oasis in terms of car travel from other
    pop centers.

  11. Morning, CW,

    Yes, that’s true; not sure I’d call LA an ‘oasis,’ but I get the point. We always hear that Californians spent most of their lives in their vehicles, so that presents yet another issue: The mobility of their population. In normal times, that doesn’t really present much of a problem however, with a highly contagious virus swirling about, it does.

    This may be why Gov. Newsom issued the Stay-at-Home E.O. Can’t find any follow up articles as to whether or not it’s working. Will see if I can find something.

  12. Sue K
    Not sure about CA and yes, they have people coming out the wazoo.  

    Well here is some local CA wazoo county COVID-19 news.
    The stat numbers are in my estimation not that bad. Local businesses, however,. are definitely feeling the pinch and things need to soon change, or it might (will)  get ugly.

    Here are Santa Barbara county local stats as 10 April 20.

    Santa Barbara County    Population  +400,000

     260 COVID-19 cases confirmed of which 60 are at the Lompoc Federal Prison  (46 Inmates and 14 employees)
    Just reported: The Lompoc Federal prison is among the nation’s highest number of COVID-19 cases.

    Of the 260 cases  90 are  fully covered,
    122 recovering at home, 40 hospitalized, 2 deaths and 6 cases pending.

    And YES, the field workers are still working getting
    strawberries ready for summer time eating.
    Sad news “NO” strawberry festivals this year.

  13. hapnHal,

    Hi and thanks for your analysis; it seems to be in line with mine.

    If you take a look at the CA Dept. of Public Health’s web site and the map of the hardest hit areas, you will see virtually nothing for northern CA, while LA and San Diego are the hot spots. That was very surprising to me.

    This thing has yet to unfold. Monitoring it carefully, as we all should.

    Getting my strawberries from FL and they’re very good. Three out of four pets love them, too; my little girl bunny is the holdout….

  14. Blessed Easter to all.

  15. SueK, hapnHal, et al.
    There is another glaring component in the difference between S CA deaths & the NY, NJ & MA
    The amount of sunlight & temp.

  16. Happy Easter, CW, et al,

    Apparently, the CA anomaly has not gone unnoticed. Here’s an article from KSBW-8 via WCVB Channel 5 in Boston. See what you think:

    Makes sense….

  17. Happy Easter, CW, et al,

    Trying again to post this comment.

    Apparently, the CA anomaly has not gone unnoticed. Here’s an article from KSBW 8 via WCVB in Boston:

    Makes sense…

  18. Double post. Sorry!

  19. He Has Risen, Happy Easter, CW, et al,

  20. CW,

    I also thought that the dry, sunny weather in CA and the typical ‘raw’ spring weather in the Northeast may have an impact on the virus.

    Then, I looked at Australia. Both Tom Hanks and Rita Wilson contracted COVID-19 when they were over there. Since the seasons are reversed, they are now going into fall, but temps for several locations around the continent are still in the 70s and 80s in April. We know that they are famous for their very hot summer temps, with 120 degree Fahrenheit readings common.

    I also looked at a map denoting the outbreak in the various states (or territories). All seemed to have peaked at the end of March/beginning of April (with New South Wales having the most cases) except for Tasmania, which also peaked at that time, and then a lull, and now peaking again.

    We know that seasonal influenza here generally wanes as the weather gets warmer, but I’m not sure this is the case with COVID-19; Australia first started seeing cases in late January, their hottest time of the year.

    Thinking that heat kills this virus, there have been reports that people have been turning on their blow dryers and inhaling the hot air. Not sure that’s a very good idea. I read somewhere that a temp of 156 Fahrenheit will kill the virus. Blow dryers are probably not the way to go…

  21. AND NOW………
    ……..the voters of Michigan were really happy when they voted in the new female governor. They raved and ranted how wonderful Mzzzzzzzzzzzzzzz Whitmer is, and she will turn Michigan around. YEAH SURE,……hey voters of Michigan…..guess what……you got what you voted for. On the other hand a governor of either party probably would have NEVER been enough for the IMBECILES who live in Michigan. They NO SOONER GET THE GOVERNOR THEY ALL PRAYED FOR, AND NOW THEY WANT TO RECALL THEIR WONDERFUL GOVERNOR JUST BECAUSE SHE ACTED LIKE A GOVERNOR. REAL NUT CASES IN MICHIGAN. THEY WILL NEVER BE HAPPY WITH ANYTHING. THAT IS ONE OF THE REASONS WHY THE AUTOMOTIVE INDUSTRY LEFT MICHIGAN TO BEGIN WITH………..TOO MANY GLUTTONISH MORONS.!!!!!!

  22. AS MUCH AS………
    ………..I despise Cuomo I have to say that he finally did what was necessary in helping to fight the war we now find ourselves in. The enemy is only visible through the lens of a microscope. The enemy is well armed, and each soldier has the potential to kill hundreds of innocent people. Yet thousands of UNINFORMED AMERICANS have become highly angered that they are being locked down. OK lets stop the lockdowns, and let everybody go back to doing what they were doing before the virus struck. When their own family members begin to die one after the other………perhaps then the radicals will re examine their own idiotic beliefs. TOO LATE…….BUT certainly HIND SIGHT IS ALWAYS 20-20.

  23. RINO Gov. Charlie (‘chuck you’) Baker has just announced in his daily COVID-19 briefing that MA is now in the midst of the forecasted surge (which, per my department at work, was due to hit April 10-20) with just short of 1K deaths and 28,163 positive cases.

    Gov. Cuomo will issue an Executive Order requiring all New Yorkers to wear face masks; NY has more than 1/3 of all the positive cases in the U.S.

    Other states have already hit the surge and hopefully, are on their way down the other side of the curve; let’s hope it levels off soon.

  24. NY & NJ still have over 1/2 deaths.
    One big metro mess.

  25. Yes, CW, a ‘metro mess.’ Unfortunately, MA and NY are contiguous states. We are a few weeks behind them but will catch up soon, no doubt.

    A friend in central NJ is reporting multiple cases at his work, a large manufacturer deemed ‘essential.’ Each time cleaning crews disinfect the plant, several more positive cases pop up. Shifts are being shut down. Don’t know how much longer this can go on with companies who remain open losing their workforce by the day.

    COVID-19 has no concept of ‘essential.’

  26. AGAIN………..
    ………….I award CUOMO an “E” for having at least taken some logical steps. Whether his action was timely or not will probably be born out by how soon the pandemic in NY subsides. Right now it seems like it is still anybody’s ball game. We are now hearing that there might be a possibility of RE-INFECTION to cloud the horizon……..but this is also NOT YET PROVEN.

  27. AND………
    ………. NY has a population similar to Chicago, and LA. The larger the population concentrations the greater are the management problems of Covid 19……….particularly in the urban areas. To compound these problems NOW MZZZZZZZZZZZZZZZZ. BUTINSKI PELOSI IS AGAIN RUNNING HER BABBLING LUNATIC MOUTH. SHE IS A LUNATIC,AND EVEN A LOT OF CALIFORNIA PEOPLE THINK THIS AS WELL.

  28. AND NOW……..
    ………..”OLD MONKEY FACE” HAS ENDORSED JOE MALARKEY. With many voters this is not an ENDORSEMENT as much as it is the KISS OF DEATH. And now the bodily stench of Lil Barry Soetoro has permeated Joe Malarkey’s campaign………such as it is !!!!!

  29. AND NOW………..
    ………”OLD MONKEY FACE” HAS PUBLICALLY ENDORSED JOE MALARKEY. This endorsement is really the KISS OF DEATH for Malarkey. In addition the bodily stench of Lil Barry Soetoro will now permeate the campaign of JOE MALARKEY……..such as it is.!!!!!

  30. AND……..
    ……..I remember when PUTIN said that Soetoro looked like a monkey….so I am NOT the first to reach this conclusion. Putin’s statement is on the internet. BYE BYE……I’M OUT OF HERE!!!!!!

  31. Pingback: US v Michael Flynn update April 24, 2020, More delays by US attorneys and former counsel, 100 pages of text and more than 500 pages of partly redacted exhibits  | Citizen WElls

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