Sidney Powell motion for Brady material and hold prosecutors in contempt meshes with Durham prosecution, October 24, 2019, Fake Russian collusion explained 101
“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
“Prosecutors Brandon Van Grack of the Justice Department’s national security division, who was formerly on Mr. Mueller’s team, and Assistant U.S. Attorney Deborah Curtis, of Washington, provided little explanation as to why they were not turning over the transcripts.”…Pittsburgh Post-Gazette June 1, 2019
“McCabe had a role in crafting the “insurance policy” in the event Mr. Trump was elected. Expect to find Comey a part of that also.”…Attorney Sydney Powell
Attorney Sidney Powell, who knows the Justice Department inside and out, filed a motion yesterday, October 24, 2019, concurrently with the apparent start of prosecution by John Durham.
The contents of the motion could be considered an explanation into the fake Russian Collusion narrative, i.e. Justice Department corruption 101.
“FLYNN REPLY IN SUPPORT OF HIS MOTION TO COMPEL PRODUCTION OF BRADY MATERIAL AND TO HOLD THE PROSECUTORS IN CONTEMPT”
“TABLE OF CONTENTS
ARGUMENTS AND AUTHORITIES IN REPLY…………………………………………………………….. 3
A. The Government’s Suppression of the Actual Strzok-Page Texts Mandates a Finding of Contempt……………………………………………………………………………………………………………….. 5
1. “A Pretext to Interview Some People.” …………………………………………………………………. 6
2. “Many Meetings” to Strategize the Interview of Flynn………………………………………….. 7
3. “Off the Rails” ……………………………………………………………………………………………………. 8
4. The Plan Worked: Mr. Flynn was “Relaxed,” “Jocular,” and “Unguarded.”…………. 9
5. Reporting Back: Flynn’s “Demeanor Was Sure.”
He Was Telling the Truth or Believed He Was Telling the Truth…………………………….. 10
6. Agents Manipulate the Flynn 302……………………………………………………………………….. 10
7. February 14: “Launch f 302.”…………………………………………………………………………….. 11
8. The Media Leak Strategy with DOJ……………………………………………………………………. 12
9. The FBI Opens Obstruction Case on President Trump
and “Locks In” Case on “Flynn?”………………………………………………………………………….. 12
B. The FBI Knew Its Entire Investigation of Flynn Was A Pretext. ……………………………. 14
C. Brady Requires the Government to Produce Exculpatory Evidence in Time for the Defense to Use It. ……………………………………………………………………………………………………… 18
D. Full, Actual, Unredacted Documents, The Original 302, Drafts Prior to
February 10, 2019, and the 1A File and Subfiles Must be Produced Pursuant to Brady. 22
1. Agent Strzok’s notes do not appear to have been taken contemporaneously during the Interview………………………………………………………………………………………………………….. 24
2. The 302 statement that Mr. Flynn was told the “nature of the interview” is false. … 25
3. Mr. Van Grack’s Productions of Flynn 302s Were Incomplete and Misleading. …… 25
4. The Final 302 Falsely States that Mr. Flynn Remembered Making Four to Five Calls from the Dominican Republic When Both Sets of Notes State He Does Not Remember.
………………………………………………………………………………………………………………………………
5. The Notes Provide No Support for a Chunk of the 302 That Purports to Provide a “Factual Basis” for the Plea. ………………………………………………………………………………….. 27
6. Mr. Flynn’s Statements Were Not Material. ……………………………………………………….. 27
7. The Flynn 302 Is Discussed in the Page-Strzok Texts and Was Not Approved by McCabe Until the Day After Flynn Resigned from the White House……………………….. 28
E. Classified Information Will Prove that Any Investigation of Mr. Flynn Was
Pretextual. ……………………………………………………………………………………………………………….. 28
1. Yunis Mandates Disclosure of The Classified Information Requested as Brady…….. 28
2. The DIA Reports of Briefing and Debriefings Belie Any Basis to Investigate Mr. Flynn and Likely Further Undermine the Factual Basis for the Plea……………………….. 29
3. The Letter from Sir Mark Lyall Grant to the Incoming National Security Team
Invalidates Any Use of Information from Christopher Steele, Further Undermines Any “Russia” Connection, and is Being Suppressed. ……………………………………………………… 30
CONCLUSION ……………………………………………………………………………………………………………. 32
CERTIFICATE OF SERVICE……………………………………………………………………………………… 33
Case 1:17-cr-00232-EGS Document 129”
“CONCLUSION
In its relentless pursuit of Mr. Flynn, the government became the architect of an injustice so egregious it is “repugnant to the American criminal system.” Russell, 411 U.S. at 428 (citations omitted). For these reasons and those in our original Motion and Brief in Support, this Court should compel the government to produce the evidence the defense requests in its full, unredacted
form. Given the clear and convincing evidence herein, this Court should issue an order to show cause why the prosecutors should not be held in contempt; and should dismiss the entire prosecution for outrageous government misconduct.”
https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.129.0_1.pdf
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